Terms and Conditions

Scrappies by ScrapLab is a collection of Non-Fungible digital artworks running on the Ethereum network. This website is an interface that allows you to purchase these artworks.

Users are responsible for the safety and management of their own private Ethereum wallets as there is no ability to undo, reverse, or restore any transactions. Any financial transactions that you engage will be conducted through the Ethereum network and we have no insight into or control over these payments or transactions.

We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you carry out via the Ethereum network.

Gas:

Ethereum network requires a Gas Fee for each transaction. This fee funds the network of computers that run the decentralized Ethereum network. This requires users to pay a Gas Fee for each transaction.

Disclaimers:

1. By using this website and its services, you agree that the website is provided “as is“ & “as available“ without any warranties, whether express or implied. To the fullest extent permissible under law, we make no warranties and hereby disclaim all implied warranties regarding the site and any part of it including, without limitation, the site, any smart contract, or any external websites and services, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, roadmap, correctness, accuracy, or reliability. Without limiting the generality of the foregoing, we, our subsidiaries, affiliates, contractors, agents and licensors do not represent or warrant to you that:
   • Your access to or use of the site will meet your requirements.
   • Your access to or use of the site will be uninterrupted, timely, secure or free from error.
   • Usage data provided through the site will be accurate.
   • The site or any content, services, or features made available on or through the site are free of viruses or other harmful components, or
   • Any data that you disclose when you use the site will be secure. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so some or all of the above exclusions may not apply to you.
2. You accept the inherent security risks of providing information and dealing online over the internet, and agree that we have no liability or responsibility for any breach of security unless it is due to our wilful misconduct. Please see our section on privacy below for more specifics on how we deal with your personal information.

3. We will not be responsible or liable to you for any losses you incur as the result of your use of the Ethereum network nor do we have no control over and make no guarantees regarding any smart contracts.

Limitation of liability:

You understand and agree that we will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary damages which you may incur, howsoever caused and under any theory of liability, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, even if we have been advised of the possibility of such damages.

Jurisdiction:

By using this site, you submit to the jurisdiction of the laws of New South Wales, Australia.

Indemnification:

You agree to hold harmless and indemnify ScrapLab, Scrappies and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and reasonable legal fees arising out of or in any way related to:

• Your breach of these Terms,
• Your misuse of the Site, or
• Your violation of applicable laws, rules or regulations in connection with your access to or use of the Site.

Children:

Our Site is not intended for children. By using our website, you warrant that you are an adult with the legal capacity to enter into a contract in your own right.

Dispute Resolution:

1. If a dispute arises between you and ScrapLab, neither you nor ScrapLab may commence court or arbitration proceedings relating to the dispute unless that party has participated in a mediation in accordance with paragraphs 2 and 3 of this clause. This paragraph does not apply to an application for urgent interlocutory relief.
2. If you or ScrapLab claim that a dispute has arisen from the contract (“Dispute”), the party claiming that there is a Dispute must give written notice specifying the nature of the Dispute (“the Notice”) to the other party or parties. The parties must then participate in mediation in accordance with this clause.
3. If the parties do not agree, within seven days of receipt of the Notice (or within a longer period agreed to in writing by them) on:
   1. the procedures to be adopted in a mediation of the Dispute; and
   2. the timetable for all the steps in those procedures; and
   3. the identity of the mediator; then:
      1. the President of The Law Society of New South Wales will appoint the mediator and determine the mediator’s fees;
      2. the parties must mediate the Dispute:
         1. with the mediator appointed under paragraph 3.4;
         2. with a genuine commitment to participate; and
         3. in accordance with the Mediation Guidelines of The Law Society of New South Wales;
      3. You will be responsible for the mediator’s fees.
4. If a party commences proceedings relating to the Dispute other than for urgent interlocutory relief, that party must consent to orders under section 26 of the Civil Procedure Act 2005 that the proceedings relating to the Dispute be referred to mediation by a mediator.
5. If the parties do not agree on a mediator within seven days of the order referred to in paragraph 4, the mediator appointed by the President of the Law Society of New South Wales will be deemed to have been appointed by the Court.
6. If a party:
   1. refuses to participate in a mediation of the Dispute to which it earlier agreed; or
   2. refuses to comply with paragraph 3.5 of this clause, a notice having been served in accordance with paragraph 2; then
      1. that party is not entitled to recover its costs in any court proceedings or arbitration relating to the Dispute, even if that party is successful; and
      2. that party is deemed to have consented to a decree of the Supreme Court of New South Wales that it will specifically perform and carry into execution paragraph 3.5 of this clause.
7. If you and ScrapLab are unable to reach a resolution through mediation, the Dispute, including any question or issue regarding its existence or validity shall be resolved by arbitration in Sydney, New South Wales, Australia.
8. By use of this Website, you agree not to enter into or take part in any class action lawsuit against or involving ScrapLab.

Risk Assumption:

• To the extent that you sell your ScrapLab NFTs or other NFT artwork affiliated with ScrapLab, please be aware that the prices of NFTs and digital currencies are extremely volatile and fluctuations in the prices of other NFTs can impact the price of your ScrapLab NFT both positively and negatively. Given the volatility, NFTs such as ScrapLab NFT should not be considered an investment. You assume all risks in that regard.
• Ownership of a ScrapLab NFT confers ownership of digital artwork only. Accordingly, no information on this site (or any other documents mentioned therein) is or may be considered advice or an invitation to enter into an agreement for any investment purpose. Further, nothing on this site qualifies or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. Due to the artistic nature of the project, ScrapLab or Scrappies or any affiliated projects have not been registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of the ScrapLab NFT and the associated art is in compliance with laws and regulations in your jurisdiction.
• You assume all risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet.
• NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value for your ScrapLab NFT. You understand and accept all risk in that regard.
• You assume all responsibility for any adverse effects of disruptions or other issues impacting Ethereum or the Ethereum platform.
• Web3 is evolving very quickly and you should assume that we may at any time change, pivot, or cancel our future plans introduced as our timeline or roadmap.

We may collect, hold, use and disclose your information:

• To enable you to use our site;
• To contact and communicate with you;
• For our administrative purposes, internal records and invoicing and billing;
• For analytics, market research, business development, advertising and marketing;
• To comply with legal obligations; and
• To resolve any dispute.

We may disclose personal information to:

• Our employees and contractors;
• Our existing or potential suppliers and business partners;
• Sponsors or promoters of any competition we run;
• Third parties (including agents and sub-contractors), including those who may assist us in providing information, products, services or marketing to you, and those who collect and process data;
• Credit reporting agencies, regulatory authorities, courts, tribunals and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings or to enforce any right we may have against you.

We may use cookies and web beacons from time to time. Cookies may allow third parties to track you. If you provide our site with personal information, this information may be linked to data stored in the cookie. Web beacons monitor your behaviour and collect data about your web page viewing.

By providing us with your personal information, you consent to the disclosure of your information outside of Australia and to the storage of your data outside of Australia. You acknowledge that we are not required to ensure that overseas recipients handle your personal information in compliance with the Privacy Act and Australian Privacy Principles.

Your personal information may be transferred to an overseas jurisdiction. We will use our best endeavours to ensure that the data is kept in a jurisdiction with data protection laws.

We will not be held liable for any breach of Australian Privacy Principles or legislation resulting from your personal information being held overseas.

If you have provided us with any sensitive information (such as your health information, details of your racial or ethnic origin, etc), we will only use that information for the primary purpose for which the sensitive information is collected, or if required by law.

By providing us with your personal information, you consent to us collecting, holding, using and disclosing that information in accordance with the above terms. You do not have to provide us with your personal information, but it may affect your use of this site and the products and services we offer on or through it.

If we receive personal information about you from a third party, we will use it and protect it in accordance with the terms above.

If you have previously agreed to us using your information for marketing purposes, you may change your mind at any time by contacting us.

You may request details of the personal information that we hold about you. We may charge a fee for providing that information.

If you believe that any information that we hold about you is inaccurate, incomplete, misleading or out of date, please contact us and we will take reasonable steps to correct any such information.

If you wish to make a complaint about how we have handled your personal information, please contact us and provide us with full details of the complaint. We will investigate and respond to your complaint in writing promptly.

We do not have any control over third party websites and we are not responsible for the protection of any personal information that you provide whilst visiting them.

If you are located in Europe, the European Union General Data Protection Regulation (GDPR) may provide you with additional protection. Where this is the case, there may be additional rights and remedies available to you under the GDPR if your personal information is handled in a manner inconsistent with GDPR.

Changes to the Terms and Conditions:

• We may make changes to these terms and conditions at our discretion at any time.
• Please check these terms and conditions each time you visit the site for changes.
• Any changes to these terms and conditions will apply on the date that they are made, and your continued access to or use after the Terms have been updated will constitute your binding acceptance of the updates.
• If you do not agree to any revised terms and conditions, you may not access or use this site.

Terms last updated: January 2023