Aglet Terms of Use
Effective date: 1 March 2020
Last Updated: 21 July 2023
These terms and conditions (“Terms”) govern your participation in and use of the Aglet app and any other app, website or web pages or other electronic services operated by Onlife Limited (together the “App”).
- Introduction
- The App and Registration
- Promotions and Competitions
- Data Protection
- In-App Purchases & Cancellation Terms
- Use and Abuse of the App
- User Generated Content
- Intellectual Property & Third Party Links
- Notice and Take-Down
- Our Liability
- Non-Fungible Tokens
- General
- Contact Us
Introduction
These Terms set out the terms of your relationship with Onlife Limited, a company registered in England and Wales with company number 11457733, VAT number GB323828011 and whose registered office is at Suite Lp44627 20-22 Wenlock Road, London, England, N1 7GU (“we”, “us” or “Onlife”).
Please read these Terms carefully as they affect your rights and obligations under the law. For instance, please note that by using the App, you acknowledge and agree to grant us a perpetual, non exclusive, transferable, worldwide, royalty-free, irrevocable licence to display, publish, transmit, copy, edit, alter, store, reproduce, re-format, sub-licence, create derivative works of and otherwise use any materials or content that you design, create or otherwise submit to us whilst using the App, for such purposes as we see fit in connection with our business. For more information on this, please refer to the “User Generated Content” heading below.
- If you do not agree to these Terms in full, please do not register with us or use the App. By using the App, you confirm you accept these Terms and agree to comply with them.
- These Terms are separate to any additional applicable terms and conditions and privacy policies of the relevant app-store provider(s) that the App is downloaded from, which also apply.
- These Terms will apply to all registered users (“you” or “users”).
- Please note that these Terms may be amended from time to time. Notification of any changes will be made by posting new terms onto the App. In continuing to use the App, you confirm that you accept the then current Terms in full at the time you use the App.
For the avoidance of doubt, these Terms relate to your general use of the App but they do not relate to any direct sale or purchase of goods which are made through the App. For more information, please refer to our separate Terms & Conditions of Purchase. Please note that any purchase of physical goods will be made not from us but from Onlife Inc, 8 The Green Suite # 11883 Dover DE 19901, United States. To the extent you are purchasing or selling a pair of virtual sneakers (or other virtual goods) directly from or to another user of the App, then please note separate Marketplace Terms will apply.
- Please also see our Privacy Notice for information about how we collect and use any personal data you enter into our systems or otherwise provide to us.
The App and Registration
- The App is a free-to-play virtual game whereby users can collect digital sneakers and add them to their virtual collection by way of an in-game currency (“Aglet Currency”), compete against other players as well as trade and sell digital sneakers with other players. For the avoidance of doubt, Aglet Currency is a virtual currency which has no cash value and cannot be redeemed or otherwise traded for cash.
- Users can earn Aglet Currency and other rewards by playing the game or by way of in-app purchases. For more information on the content and features which can be purchased in-app, please refer to the section below “In-App Purchases & Cancellation”.
- The App is compatible with and available for download on the Apple AppStore (iOS) and Google PlayStore (Android).
- Use of the App is intended for users aged 13 and over. By using the App, you confirm you are at least 13 years of age. If you are under the age of 13, you are not permitted to register with us or use the App.
- Generally, use of our App will require registration, particularly in order to access and use the App. We may allow access to some services without registration but we reserve the right to withdraw access without registration at any time.
- We are not obliged to permit anyone to register to our App and we reserve the right to refuse registration to anyone for any reason.
- We reserve the right to add or remove services and functionality from any registration.
- You are not entitled to allow any other person to use or borrow your log in details or password. Each additional user must use and register with the App separately.
Promotions and Competitions
- From time to time, we may at our sole discretion also promote and offer certain competitions, promotions, offers, draws or similar initiatives (“Promotions”) to our users such as “Scavenger Hunts”, whether via our App, third party social channels such as Instagram or by way of other electronic means. Such Promotions may include prizes and additional terms and conditions may apply in addition to these Terms and our General Competition/ Promotion Terms. If additional terms and conditions apply in relation to that Promotion, these will be communicated to you via the App or will be available on the relevant page with information about the Promotion. For the avoidance of doubt, in the event of any conflict or inconsistency between such additional terms and conditions, our General Competition/ Promotion Terms and these Terms then the following order of priority will apply i) these Terms; ii) the additional terms relating to that Promotion; iii) our General Competition/ Promotion Terms.
- In relation to any Promotion, our General Competition/ Promotion Terms will apply, but please note the following:
- Our decisions are final in relation to any Promotion and we reserve the right at any time to remove any entry from a Promotion, suspend the Promotion entirely or limit the number of entries;
- No warranty as to the quality or suitability of any prize is offered;
- Promotions may have deadlines for entry and for claiming prizes. We are not responsible for any failure to meet the relevant dates;
- In-app prizes do not have a cash value and may not be exchanged for cash (unless we specify otherwise); and
- Rewards or prizes may be subject to availability.
Data Protection
When you register with the App we will ask for some of your personal information, such as your name and email address. Additionally, we may also be ask for other information which is not required as part of the registration but is intended to provide users with an enhanced functionality of the game, including your shoe size, location tracking data and motion (step counting) data. Any personal information you provide us with will be handled in accordance with our Privacy Notice.
You agree that personal information supplied to us will be kept up to date. If we have reason to believe that there is likely to be a breach of security or misuse of the App or the App through your account or the use of your password, we may notify you by email and require you to change your passwords or we may suspend your account until you have done so. Until you have changed all your passwords or we have reactivated your account, you will not be able to access the App.
In-App Purchases & Cancellation Terms
- In addition to the App’s content and features available to users free of charge, users may also purchase by way of real money certain in-app items including Aglet Currency, digital sneakers and other items to use within the game (“In-App Purchases”).
- By ordering an In-App Purchase, you acknowledge there is an obligation to pay for such In-App Purchase.
- Users must be at least 18 or over in order to make In-App Purchases. If you are under the age of 18 and would like to make an In-App Purchase, you must have your parent or guardian’s permission and by making any In-App Purchases, you confirm that you have the necessary permissions to do so.
- When you place an order for an In-App Purchase within the App, the download for the content will begin immediately. Please note that because the content will be made immediately available to you, you will lose your statutory 14 day right to cancel the In-App Purchase. By making an In-App Purchase, you acknowledge you will lose this cancellation right and will not be entitled to a refund. You may however be entitled to a replacement, repair or refund of the In-App Purchase made if you are unable to download it properly (please see below for more details).
- In-App Purchases are processed by the relevant app-store provider from which the App was downloaded, whether this is the Apple AppStore (iOS) or Google PlayStore (Android), and if you make any In-App Purchases in the App, the relevant app-store’s providers own billing terms and conditions will apply. For more information on how your personal data is processed by them, please refer to the relevant app-store provider’s privacy policies.
- All In-App Purchases may be used within the App’s game only and cannot be redeemed outside of the App, exchanged for cash or other consideration, or be transferred to any other user or person.
- All In-App Purchases made through the App are your responsibility and we will have no responsibility over which or how many purchases are made by you.
- If you have made an In-App Purchase but are unable to download it properly, whether you are having issues in downloading the content or you are unable to access the content once downloaded, we will either provide you with a replacement In-App Purchase or repair the fault. If however we are unable to provide you with a repair or replacement within a reasonable time frame, we will authorise the relevant app-store provider to provide you with a refund.
- If you would like to amend or manage the settings for the In-App Purchases, you will need to do so via the relevant app-store provider’s settings, or if you have any queries or issues that are payment related, please contact the relevant app-store provider directly.
Use and Abuse of the App
- Please note that use of the App is strictly for your own personal and non-commercial purposes only.
- In using the App and particularly when going to or otherwise accessing locations in the real world as part of the game, you agree to be aware and mindful of your surroundings and to play the game safely. You also agree not to trespass or otherwise attempt to gain access to any private property or other location that you are not lawfully permitted to access.
- The App may allow you to share your location with other users of the App. You can turn off this functionality at any time. Do not share your location information if you are concerned about your safety or security or if you do not wish to share your location with third parties.
- You may not use any location data in relation to any other user for the purposes of harassment or abuse.
- You may not share any location data in relation to any other user publicly or private and you may not post location data in relation to any other user on any other platform or website.
- As part of the game in the App, users can earn in-app rewards (“Rewards”), either through In-App Purchases or simply earned free of charge by playing the game. Rewards may include digital sneakers or other digital assets or items. Rewards may either be redeemed with us directly or with a third party. Certain Rewards such as monetary vouchers or cryptocurrency via a wallet provider (e.g. Zebedee) must be redeemed with our third party partner. We do not have any control over how Rewards are redeemed with the third party and accordingly, you agree that fulfilment of those transactions will be the sole responsibility of such third party and that we will have no liability to you or any third party for any losses or damages that may arise including from any failure or delay on the part of our partner to redeem the Reward. If you choose to redeem a Reward with a third party, you acknowledge their own terms and conditions will apply to you and you agree to comply in full with such applicable terms and conditions. By way of example, certain specific age restrictions may apply or you may be required to download/install a separate application (e.g. with the wallet provider) in order to benefit from and redeem your Reward with the relevant third party. In some cases you may be required to provide identification documents or fulfil other compliance requirements of our Rewards partner and compliance with their requirements will be your sole responsibility.
- We reserve the right to remove and/or update any Rewards as we see fit. For instance, we may update the collection of digital sneakers made available to users in the App from time to time by removing, replacing and/or adding new pairs. In the event you have acquired a specific pair of digital sneakers or other Reward as part of your virtual collection, we reserve the right to provide you with an alternative pair of digital sneakers of similar value and/or specification or otherwise to provide you with a substitute reward as we see fit.
- Any content posted, published or otherwise shared by you using the App will be your personal responsibility. We do not actively monitor, supervise or check the content, comments or communications between users of the App or Site (as the case may be) and will not be liable in any way in respect of this. Through these Terms, you also agree that we have a perpetual license to use such content as we see fit but it will still be processed in accordance with our Privacy Notice.
- You may not publish any illegal, offensive, inaccurate, misleading, defamatory or fraudulent content on the App. If any such content is published by you or if in our opinion any content is published by you damages our goodwill or the goodwill attaching to the App, or puts any other user at risk of harm, harassment or abuse, we reserve the right at our discretion and without notice to take such action as we deem necessary including removing the content from the App and terminating your registration.
- You agree that you are not permitted to and will not:
- solicit log-in information or access an account belonging to someone else;
- impersonate any other person whether or not that other person is a user of the App;
- bully, intimidate, or harass any user of the App or other individual in the real world (for instance as part of checking in to a particular location);
- bully, intimidate, harass or mislead any user of the App or cause any physical or emotional harm to any individual either on the Platform or on any other website, app or platform;
- bully, intimidate, harass or mislead any user other individual in the real world (for instance as part of checking in to a particular location);
- use any location data for the purposes of harassment, bullying, intimidation or abuse or to cause physical or emotional harm to any person;
- do anything to suggest, express or imply that statements made by you are endorsed by us;
- advertise to or solicit the custom of any of our users;
- resell or commercially exploit the contents of the App;
- upload any files or post or publish anything on the App that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another's device;
- do anything that may result in the damage to property, personal injury or death of another individual; or
- otherwise do anything illegal, unlawful, misleading, malicious, or discriminatory using the App.
- We reserve the right at our discretion to remove any content from the App, terminate your registration and restrict your access to our App at any time for any reason.
- In the event that you are informed that you will no longer be entitled to access the App, you will not be entitled to register again and you will no longer have permission to use the App.
- If you wish to cancel your registration, please notify us and we will delete your account. Posted content will remain available on our App following termination of your registration.
- Aglet prohibits cheating and we regularly take steps to improve our anti-cheat measures. We view cheating as any action that attempts to, alters, or interferes with the normal behavior of the App. This includes, but is not limited to any of the following:
- Accessing the App in an unauthorized manner – using modified or unofficial third party software;
- Playing with multiple accounts;
- Sharing accounts;
- Falsifying steps or movement via unauthorized third-party software or hardware (phone “swings” and “shakers” and any type of device designed to create fraudulent movement or steps)
- Falsifying or altering a device’s location (GPS spoofing, for example);
- Playing with a non-official download of the App (not directly downloaded from the Google Play or Apple App store)
- Accessing the App via a “jailbroken” device; and/ or
- Selling or trading accounts
- Any other activities or usage which has the effect of, or is intended to, interfere with
- the normal behavior of the App.
- You agree that any such activity is not authorized by us. You agree that Aglet may employ any lawful mechanisms to detect and respond to cheating, fraud, and other behavior prohibited under these Terms, including checking your device for the existence of exploits or hacking or unauthorized software, suspending or removing access to the App, deleting or removing rewards, or terminating your account.
User Generated Content
- Any and all materials and other content that you design, create, upload, publish or otherwise submit to us whilst using the App (whether via our App or website, by email, third party social channels such as Instagram or by way of other electronic means), including any chat or other communications with other users is referred to as “User Generated Content”.
- You will continue to maintain any existing copyright or other valid intellectual property ownership rights in the User Generated Content, however by using the App, you acknowledge and agree to grant us a perpetual, non-exclusive, transferable, worldwide, royalty-free, irrevocable licence to display, publish, transmit, copy, edit, alter, store, reproduce, re-format, sub-licence, create derivative works and otherwise use any or all of the User Generated Content, for such purposes as we see fit in connection with our business.
- To the extent we provide you with or otherwise make available any tech packs, design templates or other materials, which you then use for creating your own User Generated Content, we grant you a limited, non-transferable, revocable licence to use such materials for such purposes as we communicate to you from time to time, but you are not otherwise granted any copyright or intellectual property rights therein.
Intellectual Property & Third Party Links
- If you have downloaded a copy of our App, we hereby grant you a non-exclusive, non-transferable licence to download a copy of the App to such devices as are personally used by you. You may not transfer this licence and we reserve the right to terminate this licence if you are in breach of these Terms.
- If you uninstall the App on one of your personal devices and re-install it on another, any remaining Aglet Currency or other In-App Purchases will be preserved provided the account you have registered with us is still active and you log-in to your account using those same details. If however you delete your account with us, any Aglet Currency or In-App Purchases which was remaining on your account will be lost without any option for redeeming them and in this event, we will not be responsible or otherwise liable to you in any way.
- The App together with the format and content of the App is protected by copyright and other intellectual property rights and we reserve all rights in relation to our copyright and other intellectual property rights whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the App.
- The App and Site may not be decompiled, reverse-engineered, modified, reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the App without our express written permission.
- The App may include links to other websites or material such as third party advertising. We are not responsible for content on any website outside the App so if you do follow a link to any of these websites, you acknowledge you do so at your own risk and we will not be liable or otherwise be responsible in any way in relation to this.
Notice and Take-Down
- We will make all reasonable efforts to delete accounts which are being used in breach of our Terms and to identify and remove content that is defamatory or infringing on intellectual property rights when we are notified but we cannot be responsible if you have failed to provide us with the relevant information.
- In the event that you believe that an account is being used in an inappropriate manner or that any content which is distributed using the App is defamatory or infringing on intellectual property rights you should notify us immediately.
Our Liability
- We will operate the App with the reasonable skill and care of an online service provider but make no promise or guarantee that the App will meet your particular requirements.
- We will not be liable for any use of the App by you in breach of these Terms or other than for your personal and non-commercial purposes.
- We will not be liable if content you have posted and stored on the App is lost, corrupted or damaged.
- Please note that (as described above) certain games or activities (including Scavenger Hunts) may involve going to or otherwise accessing locations in the real world. We are unable to verify or monitor the safety of such locations and the risk involved in accessing certain locations may change over time. As such you are responsible for ensuring your own safety and the safety of others when participating in any activities in the real world and you must exercise proper care and attention at all times. We will not be liable for any loss, damage or personal injury to the extent such loss, damage or personal injury arises from your failure to take proper care and attention or which arises from your negligence in your use of the App or otherwise.
- We do not promise or guarantee that the App will be available 100% of the time nor that they or any content, including content supplied by a third party, is fault, error or virus-free. We accept no responsibility for damage caused to a user’s device as a result of the App, unless as a result of an In-App Purchase made by such user.
- If we are in breach of these Terms, we will only be responsible for losses that you suffer as a result to the extent that they are a foreseeable consequence to both you and us at the time you use the App or Site (as the case may be).
- Subject to the provisions in this clause 10, our total liability to you in connection with these Terms (irrespective of whether you are taking part in any of our Promotions) is limited to the higher of i) an amount equal to the total In-App Purchase charges in the 12 month period leading up to the claim or ii) £50.
- Nothing in these Terms will limit our liability for fraud, fraudulent misrepresentation, death or personal injury caused as a result of our negligence or for any liability which cannot be excluded or limited by law.
Non-Fungible Tokens
- From time to time we may make available non-fungible tokens for purchase on a stand-alone basis, as a competition prize, as an in-game reward, or included in a purchase of another physical or digital item.
- Each Aglet NFT issued by us (“NFT”) may be related to or associated with a given item which may be an in-game item, a digital collectible, a piece of digital art, or a physical object such as a sneaker (“NFT Item”). More than one NFT may be associated with a given NFT Item. Each NFT will be associated with images, text or video (“NFT Artwork”)which can be viewed via the App, via a blockchain explorer or using such other compatible services as may be available from time to time.
- We do not offer any assurance or guarantee as to the legality of purchasing NFTs in your jurisdiction. You must comply with all local laws and regulations which apply to your acquisition and holding of an NFT in whatever country you are physically located.
- Please note that the App facilitates the purchase of NFTs by individuals for their personal, non-commercial purposes only, unless otherwise agreed or specified by us. Any NFTs offered by the App are not investments, do not have an intrinsic cash value and are intended as personal, digital collectible items.
- Your ownership of the NFT will be recorded on a blockchain specified by us at the time the NFT is minted (issued).
- NFTs issued by us may be governed by an automated smart contract (“Smart Contract”) which embeds certain processes and logic associated with the allocation, management, minting and re-sale of the NFTs. The Smart Contract may be available for view prior to purchase of an NFT via the App. By purchasing an NFT via the App, or by way of secondary purchase, you agree and accept that the logic and processes embedded in the Smart Contract are binding contract terms and will apply to your purchase or holding of an NFT.
- If you acquire an NFT via Aglet then we will create and hold a unique managed wallet which will be associated with your Aglet account. As the user associated with that wallet you will be registered on the relevant blockchain as the owner of the NFT. We do not currently support holding NFTs via your own cryptocurrency wallet.
- Please note that where the NFT has been included in the purchase of another item and you subsequently cancel your purchase of that item, then we will be entitled to cancel the NFT and/ or remove your ownership of the NFT.
- NFT Artworks associated with NFTs issued by us may be viewed on the App, and may be available to be viewed on third party NFT marketplaces, blockchain explorers or other compatible services, but we give no guarantee or assurance that you will be able or entitled to view an Aglet NFT or the relevant NFT Artwork on any given third party marketplace, platform or site.
- Each NFT is unique but may be a variation on a theme or an iterated or limited edition version of an original NFT Artwork and accordingly while each NFT is unique, separate NFTs may be similar or even virtually identical to other NFTs and more than one NFT may be issued for a given NFT Item or NFT Artwork.
- Please note that we reserve the right to issue further NFTs at any time.
- Please note that unless clearly specified by us you are unable to select a specific NFT associated with a specific NFT Item or NFT Artwork for purchase via the App, and allocation of NFTs associated with NFT Items and NFT Artworks will be determined by us.
- We will not have any liability to you if you are not satisfied with the NFT or the underlying NFT Item or NFT Artwork which is associated with the NFT allocated to you.
- Each NFT is a unique token associated with an underlying NFT Artwork and/ or NFT Item. By purchasing the NFT then unless otherwise agreed or specified by us, you do not acquire any intellectual property or other rights in the underlying NFT Item or NFT Artwork, except the limited license granted below. All rights in and to the NFT Item and NFT Artwork including copyright will remain with us, our licensors or the relevant rights holders.
- The NFT Item and NFT Artwork are associated with a given NFT but do not form part of and are not embedded in the NFT.
- By acquiring an NFT, and subject to your continued compliance with these Terms, we are granting you a personal, non-exclusive, non-transferable (except as permitted by us), limited license to use, copy, and display the NFT Artwork that you acquire, solely for the following purposes: (a) for your own personal, non-commercial use; (b) within the App; (c) if permitted by us within an authorised marketplace, provided that the marketplace cryptographically verifies the right to display the relevant NFT Artwork to ensure that only the actual owner or owners of the applicable NFTs can display the NFT Artwork; (c) as part of a third party website or application that permits the inclusion or involvement of the NFT Artwork, provided that the website/application cryptographically verifies the right to display the NFT Artwork to ensure that only the actual owner can display the NFT Artwork, and provided that the NFT Artwork is no longer visible once the owner of the NFT leaves the website/application; or (d) for such other purposes as we may agree in writing. These rights are subject to the restrictions below and will terminate with immediate effect if you sell the NFT.
- You agree that you will not (without our prior written consent):
- (a) copy the NFT Artwork (other than as permitted at Clause 11.16 above);
- (b) publish the NFT Artwork (other than as permitted at Clause 11.16 above);
- (c) grant any sub-licence over the NFT Artwork for any purpose;
- (d) register or attempt to register the NFT Artwork or NFT Item as a trade or service mark;
- (e) sell, license, reproduce or attempt to commercially exploit the NFT Artwork or NFT Item in any way;
- (f) use the NFT Item or NFT Artwork in the course of any business or profession or in any way which may indicate that the NFT Item or NFT Artwork is being used to endorse any message;
- (g) use the NFT Item or NFT Artwork in association with any organisation or association whether incorporated or unincorporated;
- (h) use the NFT Item or NFT Artwork in any way which could diminish our reputation;
- (i) use or exploit the NFT Item or NFT Artwork in any way for any business, professional or commercial purpose including by way of license, sub-license, sale, hire, lease, loan, sub transfer, assignment, distribution, display, reproduction, or disclosure;
- (j) disassemble, reverse engineer or create derivative works based on the whole or any part of the NFT Artwork nor attempt to do any such things;
- (k) provide or otherwise make the NFT Artwork available to any third party on any commercial basis;
- (l) attempt to obtain, or assist third parties in obtaining, access to the NFT Artwork other than in accordance with these terms;
- (m) use the NFT Artwork in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others.
- You agree that you are not entitled to sell any part of the NFT and that you are not permitted to split, divide or create any fractional ownership rights in the NFT. The NFT may only be sold or transferred as a single indivisible entity unless authorised by us, or provided for as part of a relevant Smart Contract.
- While the NFT is not intended for resale, you may transfer or sell the NFT to a third party buyer (“Buyer”) within the App or using such marketplace as we may authorise or make available for that purpose . If we have not specifically facilitated transfers of your via in-App or third party marketplace then you will not be permitted to transfer the NFT without our consent. If re-sale is permitted then you agree that:
- (a) the sale will be conducted through a reputable third party NFT marketplace that we have authorised (“Marketplace”) which confirms your ownership of the NFT and adheres to the conditions as specified in these Terms (and any terms which are embedded or specified in a relevant Smart Contract);
- (b) you and the Buyer comply with any applicable terms specified by the Marketplace; and
- (c) these Terms are notified in writing to the Buyer.
- Upon each sale or transfer of the NFT, we and our licensors and partners shall be entitled to collect, and you agree to account to us and our licensors, for a re-sale royalty equal to up to 5% (or such other royalty rate as may be specified in the relevant Smart Contract) of the total gross sale price of the NFT (“Royalty”). The “gross sale price” will be the total sale price or value received before any deductions including but not limited to any commission payable to the relevant marketplace or any other party.
- Please note that:
- (a) a marketplace may charge a further royalty over and above the Royalty; and
- (b) Artist’s Resale Right (otherwise known as “Droit de Suite”) may apply to certain sales of NFTs over and above the Royalty,
- If a marketplace deducts and pays the Royalty automatically then you will not be liable to us for the Royalty, but you agree and acknowledge that if you sell the NFT or transfer the NFT for any value whether or not via an authorised marketplace, and the Royalty has not been deducted and paid to us then you will be liable to us for the applicable Royalty and you will be liable to pay the relevant amount to the us without any deduction or set-off in such currency or crypto-currency as may be specified by us or our licensors.
- The prices of collectible blockchain assets are extremely volatile and subjective and collectible blockchain assets have no inherent or intrinsic value. Further any NFT issued by us is not intended to be an asset for resale. Fluctuations in the price of other digital assets could materially and adversely affect the value of your NFT, which may also be subject to significant price volatility. Each NFT has no inherent or intrinsic value. We cannot guarantee that any NFT purchased will retain its original value, as the value of collectibles is inherently subjective and factors occurring outside of the App’s ecosystem may materially impact the value and desirability of any particular NFT.
- You are solely responsible for determining what, if any, taxes apply to your NFT-related transactions. We are not responsible for determining the taxes that apply to your transactions in connection with the App.
General
- These Terms are personal to you and may not be transferred to any other party without our written approval. We may assign or otherwise transfer any or all of our rights or obligations under these Terms to a third party on written notification to you.
- These Terms are in addition to any terms and conditions set out in the relevant app-store provider’s terms and conditions. In the event of any conflict between these Terms and the relevant app store provider’s terms and conditions, those terms and conditions will prevail.
- We make no promise that materials in/on the App are appropriate or available for use in locations outside the United Kingdom, and accessing the App from territories where its contents are illegal or unlawful is prohibited. If you choose to access the App from locations outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws which apply to your use of our App in whatever country you are physically located.
- If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
- We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
- We may make changes to the format and content of the App at any time without notice.
- These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.
Contact Us
- If you have any questions about these Terms, please contact us at contact@aglet.app.
AGLET MARKETPLACE TERMS
- These Terms
- Listings
- Content & Use of the App
- Charges & Payment
- Data Protection
- Complaints and Disputes
- Liability
- Registration
- Use of the App
- Charges & Payment
- Complaints and Disputes
These terms
- We are Onlife Ltd (trading as “Aglet”), a company registered in England and Wales with company number 11457733 and registered address Suite Lp44627 20-22 Wenlock Road, London, England, N1 7GU (“we”, “us”).
- The following Aglet marketplace terms and conditions (“Terms”) shall apply if you are purchasing or selling any virtual goods (such as a pair of virtual sneakers) directly from or to another user of the Aglet app, but these Terms do not otherwise relate to your general use of our app or website (“App”). Please therefore see our separate Aglet Terms of Use which shall also apply and for information about how we collect and use your personal data, please refer to our Privacy Notice.
- You must be at least 18 or over in order to sell or purchase any goods from the Aglet marketplace. If you are under the age of 18 and would like to make a purchase, you must have your parent or guardian’s permission and by making the relevant purchase, you confirm that you have the necessary permissions to do so.
- To the extent you are purchasing or selling goods directly from us (and regardless of whether such goods are physical or virtual), then please note separate Online Terms & Conditions of Purchase will apply. Please note that any purchase of physical goods will be made not from us but from Onlife Inc, 8 The Green Suite # 11883 Dover DE 19901, United States.
- By purchasing or selling any virtual goods via the Aglet marketplace, you acknowledge that the contract for sale is directly between the buyer and seller. We act solely as a platform to facilitate the transaction between the buyer and seller but we are not a party to the actual transaction. We will therefore not be responsible or liable for any damage or loss that may arise in connection with the contract.
- By using the Aglet marketplace, you agree to comply with all applicable domestic and international laws and regulations regarding your use of it including the listing and sale of items.
- These Terms and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by the law of England and Wales and the exclusive jurisdiction of the English courts.
- If you do not accept these Terms in full, you should not continue to use or otherwise seek to access the Aglet marketplace.
Listings
- In order for us to advertise your listings to other users, you acknowledge you will be required to register with the App. We are not obliged to permit anyone to register with us and we reserve the right to refuse registration to anyone, at our discretion.
- To register with us, we will require that you provide us with certain details and you will also be asked to create a password. You must ensure your password is kept confidential and is not disclosed to any third party.
- When listing an item for sale, you agree that:
- The listing will be in relation to a virtual good/item only;
- You are responsible for the accuracy and content of all information you provide and may be liable to the buyer if the information you provide is inaccurate, incomplete or misleading in any way;
- You will co-operate with us and provide us with any other information relating to your registration or to the virtual items (as the case may be) as we may reasonably request;
- You with deal with all queries from a buyer or prospective buyer in a prompt and satisfactory manner;
- We reserve the right to remove any content from your listing as we deem appropriate or necessary, for instance if we deem the content to be misleading;
- You will comply with any other listing rules that we may communicate to you from time to time.
- We reserve the right to suspend, withdraw and/or terminate access to your account with us or the App at any time at our discretion, which may include deleting any information or content uploaded or otherwise provided to us.
- We will be entitled to send promotional emails to our App users and provide such information about you and/or the virtual goods provided by you as we may deem appropriate.
Content & Use of the App
- You will continue to maintain any existing copyright or other valid intellectual property ownership rights in any content that you provide, upload or publish to the App in connection with a listing however by using the Aglet marketplace, you acknowledge and agree to grant us a perpetual, non-exclusive, transferable, worldwide, royalty-free, irrevocable licence to store, re-format and display such content in any way as we may choose, acting reasonably, including for marketing and promotional purposes.
- In connection with using or accessing the App, you agree that you will not:
- List, post or otherwise upload any content that is false, misleading, inaccurate or which infringes the copyright, trademark or other intellectual property rights of third parties;
- Attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the App or underlying software in any form or media or by any means;
- Attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the App or underlying software;
- Remove, deface, obscure, or alter our or any third party's copyright notices, trademarks or other proprietary rights notices affixed to or provided as part of the App;
- Use any robot, spider, scraper, or other automated means to access the App or underlying software for any purpose without our written consent; or
- Use the App in any way which may affect our reputation or the use and enjoyment of the App or our services by any other users or third parties.
Charges & Payment
- A buyer may purchase the virtual goods by way of our in-game currency only (“Aglet Currency”). For the avoidance of doubt, Aglet Currency is a virtual currency which has no cash value and cannot be redeemed or otherwise traded for cash.
- For each purchase made, we will collect payment from the buyer and the difference between the amount collected and the agreed fee payable to you (in Aglet Currency) will represent our commission. Please note we reserve the right to vary our commission levels from time to time.
Data Protection
- The parties acknowledge and agree that any personal data received in connection with these Terms will be processed as independent data controllers. Accordingly, the parties agree to comply with their respective obligations under applicable data protection legislation in force from time to time including without limitation the General Data Protection Regulation ((EU) 2016/679) (GDPR), the retained EU law version of the GDPR (“UK GDPR”) and the Data Protection Act 2018.
Complaints and Disputes
- You agree that if you have any dispute with a buyer concerning a listing or purchase transaction you will contact us in the first instance.
- You authorise us to deal with the dispute or complaint as we see fit and you agree to abide by any decisions we may make in such circumstances which may include requiring you to refund any payments you have received.
- If a buyer makes a complaint before the applicable fees are released to you then we reserve the right to withhold the fees pending resolution of the complaint.
Liability
- Although we aim to offer you the best service possible, we make no promise or guarantee that the Aglet marketplace platform will meet your particular requirements, nor can we guarantee that it will be fault or interruption-free. If a fault occurs with the platform, you should report it to us immediately and we will attempt to correct the fault as soon as we reasonably can.
- We also take reasonable technical steps to verify and/or authenticate user accounts, however we do not otherwise actively monitor such accounts and cannot offer any guarantee that each user is the person they purport to be. We will therefore not be liable for any fraudulent use of the App by third parties other than in circumstances arising directly from our negligence.
- We will not be responsible for the content posted by any third parties using our App or otherwise for their actions or inactions in connection with this.
- Our total liability to you for all losses under these Terms (howsoever arising) is capped at £100.
- You agree to compensate us in full for any loss or damage we may suffer or incur as a result of i) any breach by you of these Terms, or ii) any buyer bringing a claim or taking any action against us in connection with your breach of these Terms.
- No claim may be brought against us more than 12 months following the date on which i) a listing to which the claim relates was last promoted on our App, or ii) the transaction in question concluded (as the case may be).
- Nothing in this Agreement limits or excludes our liability for any liability which cannot be excluded or limited by law.
Registration
- In order for you to purchase virtual goods from the Aglet marketplace, you acknowledge you will be required to register with the App. We are not obliged to permit anyone to register with us and we reserve the right to refuse registration to anyone, at our discretion.
- To register with us, we will require that you provide us with certain details and you will also be asked to create a password. You must ensure your password is kept confidential and is not disclosed to any third party.
- We reserve the right to suspend, withdraw and/or terminate access to your account with us or the App at any time at our discretion, which may include deleting any information or content uploaded or otherwise provided to us.
Use of the App
- In connection with using or accessing the App, you agree that you will not:
- List, post or otherwise upload any content that is false, misleading, inaccurate or which infringes the copyright, trademark or other intellectual property rights of third parties;
- Attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the App or underlying software in any form or media or by any means;
- Attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the App or underlying software;
- Remove, deface, obscure, or alter our or any third party's copyright notices, trademarks or other proprietary rights notices affixed to or provided as part of the App;
- Use any robot, spider, scraper, or other automated means to access the App or underlying software for any purpose without our written consent; or
- Use the App in any way which may affect our reputation or the use and enjoyment of the App or our services by any other users or third parties.
Charges & Payment
- You may purchase virtual goods by way of our in-game currency only (“Aglet Currency”). For the avoidance of doubt, Aglet Currency is a virtual currency which has no cash value and cannot be redeemed or otherwise traded for cash.
- We will collect payment from you for each purchase and pass on the relevant sums to the seller.
Complaints and Disputes
- Although we aim to offer you the best service possible, we make no promise or guarantee that the Aglet marketplace platform will meet your particular requirements, nor can we guarantee that it will be fault or interruption-free. If a fault occurs with the platform, you should report it to us immediately and we will attempt to correct the fault as soon as we reasonably can.
- We also take reasonable technical steps to verify and/or authenticate user accounts, however we do not otherwise actively monitor such accounts and cannot offer any guarantee that each user is the person they purport to be. We will therefore not be liable for any fraudulent use of the App by third parties other than in circumstances arising directly from our negligence.
- We will not be responsible for the content posted by any third parties using our App or otherwise for their actions or inactions in connection with this.
- Our total liability to you for all losses under these Terms (howsoever arising) is capped at £100.
- You agree to compensate us in full for any loss or damage we may suffer or incur as a result of i) any breach by you of these Terms, or ii) any seller bringing a claim or taking any action against us in connection with your breach of these Terms.
- No claim may be brought against us more than 12 months following the date on which i) a listing to which the claim relates was last promoted on our App, or ii) the transaction in question concluded (as the case may be).
- Nothing in this Agreement limits or excludes our liability for any liability which cannot be excluded or limited by law.
ONLIFE LTD
Terms & Conditions of Purchase
- These Terms
- Orders
- Payment and Prices
- Availability, Goods and Offers
- Delivery
- International Delivery
- Your Right to Cancel
- Our Liability
- Miscellaneous
These terms
- We are Onlife Inc, 8 The Green Suite # 11883 Dover DE 19901, United States (trading as “Aglet”), (“we” or “us”).
- These terms and conditions (“Terms”) relate to any goods supplied by us to you, such as a pair of sneakers or virtual sneakers and whether through the Aglet app, our website, or by way of other electronic means (the “App”). You must be at least 18 or over in order to purchase any goods from our App. If you are under the age of 18 and would like to make a purchase, you must have your parent or guardian’s permission and by making the relevant purchase, you confirm that you have the necessary permissions to do so.
- For the avoidance of doubt, these Terms relate to direct sale & purchase of goods which are made through the App, but they do not otherwise relate to your general use of the App. Please therefore see our separate Aglet Terms of Use and for information about how we collect and use your personal data, please refer to our Privacy Notice.
- To the extent you are purchasing or selling a pair of virtual sneakers (or other virtual goods) directly from or to another user of the App, then please note separate Marketplace Terms will apply.
- These Terms may be varied by us at any time by posting amended Terms on the App, however the terms and conditions which apply to your purchase will be those Terms applicable at the time of the purchase.
Orders
- Please refer to the App which explains how to place an order for the goods. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
- In relation to physical goods
- After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
- We will confirm our acceptance of your order to you by sending you a despatch confirmation e-mail that confirms that the goods have been dispatched (“Confirmation”). Please note a legally binding contract for the supply of relevant goods will only be formed between us when we send you the Confirmation (“Contract”).
- If we are unable to supply you with a particular product, for example because it is no longer in stock, because we cannot meet your requested delivery date or because of an error in the price on our App, we will inform you of this and will not proceed with processing your order. If you have already paid for the goods, we will refund you the full amount including any delivery costs charged as soon as possible.
- our App is available for your personal (non-commercial) use only and we reserve the right to reject or cancel your order at any time and for any reason, for example if we believe you are ordering our goods for re-sale purposes.
Payment and Prices
- In addition to the payment provisions below, you may be able to purchase certain goods by way of our in-game currency, “Aglet Currency” however for the avoidance of doubt, please note Aglet Currency is a virtual currency which has no cash value and cannot be redeemed or otherwise traded for cash.
- At the time you place an order for the goods, you must give authority for payment. Unless you are paying for certain goods using Aglet Currency, we do not process any payments ourselves so before placing an order, please ensure you are comfortable with the third party payment processor’s own terms and conditions. Once you have placed your order, payment may then be taken at any time between you placing the order and us accepting your order.
- The prices payable for the items that you order are clearly set out on the App however if, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price provided that we notify you of this before we accept your order.
- In relation to a purchase of physical goods, the price of an item listed does not, unless set out otherwise on the App, include delivery charges. If you would like for the items ordered to be delivered within the UK, please note the prices will be expressed as being inclusive of any VAT payable. Otherwise, for any international deliveries, please refer to section 6 below.
- In relation to a purchase of virtual goods, the download for the content will begin immediately upon your payment for such items.
Availability, Goods and Offers
- Any order you may place with us is subject to availability of the goods ordered. We cannot and do not guarantee that any item shown on the App will be available continuously or at any given time.
- If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item, or have been reimbursed (as the case may be).
- The packaging of the goods may vary from that shown on images on our App.
- The images of the goods on our App are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the goods. On this basis, your items may vary slightly from those images.
- From time to time, we may provide certain offers on our App. Any offers will be subject to the following additional terms:
- we reserve the right to limit offers to 1 order per customer;
- all offers are subject to availability and while stocks last;
- offers are non-transferable;
- offers may not be used in conjunction with any other offer;
- we reserve the right to withdraw any offer at any time.
Delivery
- At the time you place an order we may not be able to provide an exact date of delivery. In those circumstances we will aim to provide you with an approximate delivery time when you place the order and either we or our delivery partners will contact you again when once able to provide you with more information.
- Our delivery charges will be set out on the App.
- Whilst we will use reasonable efforts to deliver the items by the agreed date, we will not be liable for any failure to deliver on the stated date or at the stated time.
- Delivery will be made to the address specified by you on the completed order form. Our delivery charges will be specified at the time the order is placed.
- Where applicable, delivery may be tracked via our delivery partner.
International Delivery
- We are based in the UK, so if you order goods from our App for delivery outside of the UK, please note your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please also note that we have no control over these charges and we cannot predict their amount.
- You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
- You must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable or responsible if you breach any such law.
Your Right to Cancel
- Please see our Returns and Cancellation Policy which explains your right to cancel a contract for the purchase of goods (whether the goods supplied are defective, or any other reason) and how you can exercise that right.
- Please note that there is no right to cancel a contract for the purchase of any customised, personalised or bespoke goods.
Our Liability
- If you are a consumer your statutory rights are not affected by any of these Terms. If however you are not dealing as a consumer (within the meaning of the Consumer Rights Act 2015), then all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
- If we fail to comply with these Terms, we will only be responsible for the loss or damage caused to the extent that it results from our failing to use reasonable skill and care, or is a foreseeable result of our breaching this Contract. In any event and other than as set out in clause 8.9 below, our liability under or in connection with these Terms is limited to the price of the items supplied.
- We only supply goods for domestic and private use, so if you do use the goods for any commercial, business or re-sale purpose we will have no liability to you for any business interruption, loss of profit, business, data, business opportunity or other business related losses.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods including the right to receive goods which are: as described and match information we provided to you, of satisfactory quality and fit for purpose.
Miscellaneous
- Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our App to purchase goods.
- We may assign or transfer (some or all of) our rights and obligations under the Agreement to another organisation or third party, but this will not affect your rights or our obligations under the Agreement. In particular, we may engage with third party partners to fulfil part of our Contract with you, such as delivery partners or payment processors.
- You acknowledge that our Contract is with you only and that no other person or third party, other than yourself, shall have any rights to enforce any of its terms.
- We shall not be responsible for any breach of the Agreement caused by circumstances beyond our reasonable control.
- If you have any queries or wish to make any complaints about us or our goods please contact us at returns@aglet.app.
- This Agreement will be subject to the laws of England and Wales unless you are ordering from a country outside of England and Wales and you are relying on compulsory consumer rights in that country.
- We will try to solve any disagreements quickly and efficiently however if you are not satisfied with the way we deal with any disagreement and you wish to proceed to court proceedings, you must do so within England and Wales.
ONLIFE LTD
Returns and Cancellation Policy
This policy sets out your right to cancel your contract with us, Onlife Inc, 8 The Green Suite # 11883 Dover DE 19901 (“we”, “us” or “Onlife”), for the purchase of physical and/or virtual goods.
- Your Right To Cancel
- Defective/Faulty Goods
- Effects Of Cancellation
- Where You Do Not Have a Right to Cancel
Your Right To Cancel
- We have explained below how you can exercise your rights to cancel your contract with us under the applicable Consumer Regulations.
- Please note that this cancellation policy does not apply to any personalised, customised or bespoke goods which you have ordered or purchased.
- You have a statutory right to cancel your contract with us for items bought within 14 days without giving any reason (i.e. whether or not the products are faulty).
- If you have purchased physical goods, the cancellation period will start on the day you place your order and will end 14 days after you have taken physical possession of the goods. For virtual goods and once you have paid in full for them, the download for the content will begin immediately. Please note that because the content will be made immediately available to you, you will lose your statutory 14 day right to cancel the purchase once downloaded.
- To exercise the right to cancel, you must inform us, Onlife Inc, 8 The Green Suite # 11883 Dover DE 19901, email: returns@aglet.app of your decision to cancel your contract with us by a clear statement (e.g. by way of an email). You may also use the cancellation form attached at the bottom of this policy, but it is not compulsory.
- To meet the cancellation deadline, you must ensure you send your communication concerning your exercise of the right to cancel in good time and in any event before the cancellation period has expired.
Defective/Faulty Goods
- In relation to physical goods
- If the goods purchased are of unsatisfactory quality, unfit for purpose or not as described (“defective” or “faulty”) and you notify us within 30 days of delivery, then you are entitled to cancel your order and receive a refund. After this 30 day period you are entitled to a repair or replacement of defective goods, but if you notify us that the goods are defective more than 6 months following delivery then we are entitled to require that you demonstrate that the goods were defective on delivery.
- As set out above, if a good supplied is defective, we will replace or repair the items free of charge or refund to you the price of the item but we shall have no further liability to you.
- In relation to virtual goods
- If you have purchased a virtual item, such as pair of virtual sneakers, and are unable to download it properly, whether you are having issues in downloading the content or you are unable to access the content once downloaded, please notify us within 30 days of receiving the defective download and we will supply you (at our option) with a replacement download or a refund.
Effects Of Cancellation
- If you cancel your contract with us and we have agreed to provide you with a refund, we will reimburse all payments received from you, including the costs of delivery (except for additional costs arising if you choose an enhanced delivery option other than the least expensive type of standard delivery offered by us).
- We will make the reimbursement using the same method of payment used for the initial transaction, unless you have expressly agreed otherwise.
- In relation to physical goods
- We may make a deduction from the reimbursement for loss in value of any goods supplied, if we believe the loss is the result of unnecessary handling by you.
- We will make the reimbursement without undue delay and not later than –
- 14 days after the day we receive the relevant goods back from you, or
- (if earlier), 14 days after the day you provide evidence that you have returned the goods, or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the contract.
- You agree to send the goods back to us without undue delay and in any event not later than 14 days from the day on which you inform us that you wish to cancel (provided this falls within the relevant cancellation period as set out in clause 1 above). You will have met the deadline as long as you send the goods back before the 14 day period expires.
- You will be required to bear the cost of delivering/shipping the goods to us and the goods will remain your responsibility until they have reached us so please ensure they have been packed properly to avoid any damage in transit.
Where You Do Not Have a Right to Cancel
- In relation to physical goods
- You will lose any right to a refund of the items returned if they have been worn or used (other than where they have just been tried them on for size). All items are inspected on return, and must be returned to us unworn/unused and in the same condition you received them (i.e. in their original packaging and with all labels/tags attached).
- Your right is to cancel your entire order in the case of goods which are not faulty and we reserve the right to refuse partial cancellations or returns for goods which are not faulty.
- Where goods have been personalised to your requirements, then you will not be entitled to cancel the contract under the Consumer Regulations unless the goods are defective.
- In relation to virtual goods
- As described above, once you have paid for the virtual goods in full the download for the content will begin immediately and you will therefore lose your statutory 14 day right to cancel the purchase.
Cancellation Form
- As set out in clause 1.4 above, you may use the following cancellation form if you wish but this is not compulsory:
To: Onlife Inc, 8 The Green Suite # 11883 Dover DE 19901; email: returns@aglet.app
I/We hereby give notice that I/We cancel my/our contract of sale of the following goods:
Description of the goods:
............................................................
Ordered on [ ] / received on [ ]
............................................................
Name of consumer:
............................................................
Address of consumer:
............................................................
Signed (you are only required to sign if returning by post):