Terms & Conditions

By accessing or continuing to use our website, mobile application (collectively “Platform”) and/or related services, you agree to abide by these terms and conditions, including our Privacy Policy. If you do not agree with any of these terms, or the terms of our Privacy Policy you should cease using these Guild of Guardians materials.

‍General

1. This website and mobile application are owned and operated by Leonis Pty Ltd ACN 639 363 447 (“Leonis”, “us”, “we” and “our”). As noted above, your continued use of our Platform indicates your agreement to these terms and conditions of use (“Platform Terms”).
2. We provide services to facilitate gameplay with digital assets (“Services”). To use the Services you will also need to agree to our Terms of Use which will be separately available.

Using the services

3. Your Account
   • 3.1 You may access some areas of the Platform without registering your details with us. However, to use the Services, you must provide us with some of your personal information and apply to register an account (“Account”).
   • 3.2 To obtain an Account, you must:
     • (a) be at least 18 years of age; and
     • (b) submit all identity verification and other documents or information requested by us during the Account application process. You agree to provide us with current, accurate, and complete information about you as requested in connection with your Account and to keep such information updated.
4. All personal information you provide through the Platform will be collected, handled and used in accordance with our Privacy Policy.
5. We may accept or reject your application for an Account at our sole discretion, without providing reasons.
6. You acknowledge and agree that you are responsible for any activity that occurs through your Account and you will not sell, transfer, license or assign your Account to anyone else.
7. You agree that you will not create an Account for another person, and will not hold more than one Account, unless permitted by us in writing.
8. You agree that you will not use any Account, other than your own, or access the Account of any other user at any time, or assist others in obtaining unauthorised access.  The registration or use of your Account by another person without obtaining our prior express permission will result in the immediate suspension of your Account. Any attempt to do so or to assist others (users or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such users being terminated.
9. You acknowledge and agree that you are responsible for maintaining the confidentiality of your Account information, including your password, safeguarding your own digital assets, and for all activity associated with your Account. If there is suspicious activity related to your Account, we may, but are not obligated, to request additional information from you, including authenticating documents, and to freeze any transactions pending our review.
10. Your non-compliance with any request we make in relation to your Account will result in suspension or termination of your Account. You are required to notify us immediately of any unauthorised use of your Account or password, or any other breach of security.
11. For the avoidance of doubt, we may terminate your Account at any time in our sole discretion including in the instance when a user violates these rules.  Upon any such violation, such user shall be liable for losses incurred by us or any affected user.

Information contained on our Platform

12. The content and information we present on our Platform is intended to provide a summary of the subject matter covered. While we use all reasonable steps to ensure the accuracy and completeness of information and content on our website, to the greatest extent permitted by applicable law, including the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”), we give you no warranty concerning the accuracy or completeness of our content or information. Content and information on our Platform may change without notice to you, and we do not warrant that we will keep this content or information updated. We are not liable to you or anyone else if the content or information on our website is not up-to-date, accurate or complete.
13. We are not liable to you or anyone else if any part of our Platform (or other item we link to) causes interference with or damage to your computer systems and/or your mobile devices including but not limited to damage from any malware or viruses.

Consumer Guarantees

14. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for loss of expectations, loss of profits, incidental or consequential loss or damage caused by breach of any express or implied warranty or condition.
15. To the extent that we are in breach of any applicable consumer guarantee, your sole remedy will be for us to provide to you the features or service that was previously provided, or to pay for those features or services to be re-performed for you.

Warranties and Disclaimer

16. Nothing in these Platform Terms excludes, restricts or modifies warranties and undertakings arising under the Australian Consumer Law.
17. Our Platform is provided to you strictly on an “as is” and “as available” basis. You acknowledge that:
    • 17.1 your use of the Platform and Services is at your own risk and is also subject to the terms and conditions of the websites, products and services of our Affiliates that you access via our Platform or Services;
    • 17.2 prior to accepting these Platform Terms you have been given a reasonable opportunity to examine and satisfy yourself as to the contents of these Platform Terms; and
    • 17.3 at no time prior to accepting these Platform Terms have you relied on our skill or judgement, and you acknowledge that it would be unreasonable for you to do so.
18. To the maximum extent permitted by law, all other warranties or conditions which are not guaranteed by law are expressly excluded, including liability for loss of expectations, loss of profits, incidental or consequential loss or damage caused by breach of any express or implied warranty or condition. In particular, we do not warrant:
    • 18.1 that your access to the Platform or our Services will be free from interruptions, errors or viruses; or
    • 18.2 the accuracy, adequacy or completeness of information on the Platform (nor do we undertake to keep the Platform updated).
19. To the extent that we are in breach of any consumer guarantee or any other warranty or condition that cannot be excluded from these Platform Terms:
    • 19.1 your sole remedy will be for us to provide the features or services that were previously provided; and
    • 19.2 our maximum liability to you is limited to the purchase price of the goods or services you purchased in your last transaction using our Services or $100 AUD, whichever is lower.

Limitation of Liability

20. To the maximum extent permitted by law, we do not accept responsibility for any loss or damage (including indirect, special or consequential loss or damage), however caused and whether or not foreseeable (whether in contract, tort, for breach of statutory duty or otherwise), even if we have previously been advised of the possibility of such loss or damage which you may directly or indirectly suffer in connection with:
    • 20.1 your use of the Platform or our Services or any linked website, content, products and services (collectively, the “Linked Material”) (including interference with or damage to your computer or mobile devices arising in connection with any such use);
    • 20.2 the Platform or our Services being interrupted or unavailable;
    • 20.3 errors or omissions from the Platform or our Services;
    • 20.4 any failure or lack of any security measures by us, or any third party including in relation to the storage or transfer of viruses, malicious codes or other forms of interference affecting the Platform or our Services or any Linked Material;
    • 20.5 your use of or reliance on information contained on or accessed through the Platform or our Services or any Linked Material which information may be incorrect, incomplete, inadequate or outdated;
    • 20.6 goods or services supplied pursuant to or in any way connected with the Platform or our Services;
    • 20.7 unauthorised access to or use of, our servers and/or any information stored on them; or
    • 20.8 any failure or omission on our part to comply with our obligations as set out in these Platform Terms.
21. We do not accept responsibility for inaccuracies or errors in any information about, or advertisements in respect of, goods and services, contained in the Platform which are supplied by our Affiliates. The placement of such advertisements does not constitute a recommendation or endorsement by us of the relevant goods or services and the third party or owner of the Linked Material is solely responsible for any representations made in connection with information in respect of it and its goods and services displayed on the Platform.
22. To the maximum extent permitted by law, you agree to indemnify and keep indemnified us, our Affiliates and their Personnel against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred directly or indirectly arising from your use of the Platform or the Services, or from your violation of these Platform Terms.

Copyright

23. The content of the Platform and our Services (including its “look and feel”, text, graphics, images, logos, icons, photographs, editorial content, sound recordings, software and other material) is owned by us or licensed to us by third parties and protected under applicable laws.
24. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation in the applicable jurisdiction, and except as expressly authorised by these Platform Terms or in writing by us, you may not in any form or by any means:
    • 24.1 copy, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Platform or the Services; or
    • 24.2 commercialise any information, products or services obtained from any part of the Platform or the Services.
25. All rights not expressly granted under these Platform Terms are expressly reserved.
26. Subject to the terms and conditions in these Platform Terms, we grant you a limited licence to access the Platform and view and use the content.

Restricted Use

27. The Platform is provided for your personal, non-commercial use only.
28. You warrant to us and agree that you are 18 years of age or over and have full legal capacity to access the Platform under the laws of Australia or the laws of the applicable jurisdiction in which you reside.
29. If we become aware that you are under 18 years old and have used or accessed or are using or accessing the Platform or the Services, we may terminate or suspend your Account without notice to you and any digital assets in your Account may be forfeited and we will have no further obligations to you. Once your Account is cancelled, it cannot be re-activated and we reserve the right to deny you access to the Services.
30. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within or derived from the Platform or the Services without our prior written approval.
31. Your use of the Platform and our Services is subject to international export controls and financial export requirements. By sending, receiving, purchasing, selling, trading or storing tokens via the Services, you declare and undertake that you are aware of and subject to these requirements. Without limiting the foregoing, you are not entitled to use the Services if:
    • 31.1 You are a citizen or resident of Cuba, Iran, North Korea, Syria or the Crimea region, the Donetsk region (i.e. the Donetsk People’s Republic (“DNR”)) or the Luhansk region (i.e. the Luhansk People’s Republic (“LNR”)) of Ukraine or any other country or region subject to US sanctions or embargo, UN sanctions, Australian Department of Foreign Affairs and Trade sanctions, or if you are on the list of specific citizens by the US Ministry of Finances or the list of people denied by the US Ministry of Trade, a non-verified list, the financial sanctions regime of the Ministry of Finances; or
    • 31.2 you intend on supplying any digital asset purchased or stored to Cuba, Iran, North Korea, Syria or the Crimea region, the Donetsk region (i.e. the Donetsk People’s Republic (“DNR”)) or the Luhansk region (i.e. the Luhansk People’s Republic (“LNR”)) of Ukraine or any other country or region subject to US sanctions or embargo, UN sanctions, or Australian Department of Foreign Affairs and Trade sanctions (or to a citizen or resident of any of these countries), or to a person on the list of specific persons, the list of denied persons, the non-verified list, the list of entities of the financial sanctions regime of the Ministry of Finances.
32. We may, at our sole and absolute discretion, implement controls to restrict access to the Platform and Services in any jurisdiction where users would be restricted from accessing the Platform and Services in accordance with applicable laws and regulations (“Restricted Jurisdiction”), including but not limited to those promulgated by the United Nations Security Council, the United States Department of the Treasury’s Office of Foreign Assets Control and/or the Australian Department of Foreign Affairs and Trade. You acknowledge, agree and understand that if you are located in a Restricted Jurisdiction, you are not permitted to access or use the Platform or Services, even if you are located there temporarily, and restrictions may be applied to any attempt to access those Platform and/or Services accordingly. You acknowledge that this may impact your ability to interact with the Platform and/or Services. We are not responsible for any loss or damage which may arise because you are not able to access the Platform and/or Services due to any action taken in accordance with this clause.

Links in the Services

33. The Platform may contain links to Linked Material. Those links are provided for convenience only and may not remain current or be updated by us.
34. We are not responsible for the content or privacy policies or practices of persons or companies associated with Linked Material. We will not be liable to you or any other person for any loss or cost arising in respect of use or access to Linked Material. When you access any Linked Material you do so entirely at your own risk.
35. Linked services should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Material, or of any information, graphics, materials, products or services referred to or contained on those Linked Platforms, unless and to the extent stipulated to the contrary.

Links to the Platform

36. We do not grant you any intellectual property rights in anything (including information and content such as films, sound recordings, literary works and artistic works, whether in a material form or not) on or accessible via the Platform (“Materials”).
37. You must not reproduce the Materials or communicate the Materials to the public (including via any form of linking) without our prior written approval. Any permitted use or disclosure (including reproductions and communications to the public) of any Materials by you are on the basis that:
    • 37.1 such use and disclosure is at your own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;
    • 37.2 you ensure that all links to Materials are presented or used in a way that makes it clear that our Platform and Services are the source of the Materials;
    • 37.3 you ensure that anyone who uses or reproduces your links to the Materials does so on the same terms as a person who accesses the Materials directly from the Services;
    • 37.4 you ensure that anyone who uses or reproduces your links to the Materials is not able to circumvent the limits (including technological restrictions and as to location) applying in respect of the Materials were the Materials to be accessed or sought to be accessed directly from the Services rather than via their links;
    • 37.5 you do not link the Materials in a way that damages or takes advantage of our reputation, including in a way that suggests or implies that you have any association or affiliation with us or approval or endorsement; and
    • 37.6 you otherwise comply with our directions, including any take down or cease or desist directions.
38. Confidential Information
    • 38.1 You acknowledge that you may receive access to our Confidential Information of the other party pursuant to these Platform Terms. “Confidential Information” shall mean information, in any form, relating to the Platform, a our business including but not limited to any products, fees, markets, operations, processes, techniques, technology, forecasts or strategies but not information in the public domain other than because of a breach of these Platform Terms.
    • 38.2 You will not, and must ensure that each member of your personnel does not, use the Confidential Information for any purpose other than strictly for the purposes of complying with your obligations, or exercising the our rights, under these Platform Terms.
    • 38.3 You will not and you will ensure each member of your personnel, will not disclose or permit the disclosure of the Confidential Information to any person other than to the extent such disclosure was to perform obligations under this these Platform Terms, was with our written consent or is required by law.
    • 38.4 Without prejudice to any other rights or remedies that we may have, you acknowledge that damages alone would not be an adequate remedy for any breach or threatened breach of this clause and accordingly, we shall be entitled without proof of special damage to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this clause.

Proper Use

39. You must only use the Platform and our Services for lawful purposes. You are prohibited from doing any act that we, acting reasonably, consider to be inappropriate, or which is unlawful or prohibited by any laws applicable to the Platform and our Services, including but not limited to any act which would constitute a breach of privacy, using the Services to defame or libel us, our employees or any other person.
40. You must not:
    • 40.1 reverse engineer the code contained in the Platform or upload files which contain viruses or malware which may cause damage to our property or the property of other individuals or post or transmit to our Platform any material which we have not authorised including material which is, in our sole opinion, likely to cause annoyance, or which is racist, defamatory, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our security protocols;
    • 40.2 damage, disrupt, interfere with or misuse the Platform, including by data mining, hacking, data harvesting or scraping or using similar data gathering and extraction tools in respect of the Platform;
    • 40.3 launch any automated program or script, including web crawlers, web robots, web indexers, bots, viruses or worms or any program which makes multiple server requests per second or impairs the operation and/or performance of the Platform; or
    • 40.4 use any device, software or routine intended to damage or interfere with the proper working of the Platform or to intercept or sequester any system, data, images or other multimedia elements from the Platform.
    • 40.5 authorise any third party on your behalf to, interact in the Platform in a manner that is contrary to any rules or guidelines we may impose from time to time, or in a way that we determine, in our absolute discretion, to be cheating, farming, or otherwise acting in a manner that may negatively impact the enjoyment of others in connection with the Platform. This includes, without limitation, using third party software (by injecting the software into the App or otherwise) to give you or another use an unfair advantage, or to automate aspects of gameplay, creating and using multiple Accounts, sharing your Account, participating in win trading with other users and otherwise acting contrary to the spirit of the Platform. For clarity, acting contrary to this clause will be considered a material breach of these Platform Terms and may result in suspension and/or termination as set out below.

Promotions

41. From time to time we may make certain offers, or carry out promotions or contests. Additional terms may apply to these offers, promotions or contests and you must agree to those additional terms. In the event of any inconsistency between these Platform Terms and the terms of any offer, promotion or contest, the terms of the offer, promotion or campaign prevail over these Platform Terms to the extent of any inconsistency.

Security of Information

42. No data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us.
43. Any information which you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Service Access

44. While we endeavour to ensure the Platform is available 24 hours a day, we are not under any obligation to do so, and will not be liable to you if the Platform is unavailable at any time or for any period. Your access to the Platform or our Services may also be restricted at our discretion.

Termination of Access

45. Your access to the Platform or the Services may be terminated at any time by us without notice to you. Following termination, we will have no further obligations or liabilities to you. Any exclusions of liability or other provisions contained in these Platform Terms which by their nature survive termination of these Platform Terms will survive any such termination.

Severability

46. If any provision of these Platform Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof will to that extent be severed and deemed not to form part of these Platform Terms but the legality, validity and enforceability of all other provisions of these Platform Terms will not be affected.

Governing Law

47. These Platform Terms are governed by the laws in force in New South Wales, Australia and you agree to submit to the exclusive jurisdiction of the courts of that State in respect of any dispute arising from these Platform Terms.

Definitions

• 48. In these Platform Terms:
  • 48.1 “Affiliate” means a third party with whom we have entered into an agreement to assist our provision of the Platform or our Services, and to or from which you hereby instruct us to obtain or send data, including payment instructions;
  • 48.2 “Personnel” means any employee, contractor, subcontractor, agent, partner, shareholder, ultimate beneficial owner, director or officer of a party;

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