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Terms of Service

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If you would like to contact us to understand more about the Terms of Service or wish to contact us concerning any matter relating to our terms you may send an email to support@metacask.com

This document was last updated on October 7th, 2022

Disclaimer

The information contained in or provided from or through this website is not intended to be and does not constitute financial advice, trading advice, or any other type of advice.

Preamble

The present Terms of Service ("TOS") govern your use of the Website metacask.com (the "Website") and the services offered on or through this latter (the "Services"). The Website is owned and operated by CaskStore AG, a company duly incorporated under the laws of Switzerland, with company registration number CHE-482.519.405 and official headquarters in Zug ("Company", "We" or "Us"). The Website is available directly at metacask.com and may also be available through other addresses or channels.

  1. Acceptance of the Terms of Service
    1. By browsing this Website, you acknowledge that you have read and understood the present Terms of Service, and you agree to be bound by such Terms of Service. If you do not agree with these TOS, you should refrain from browsing the Website and using the Services.
    2. If you are browsing the Website on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these TOS and that you agree to these TOS on behalf of that business or entity.
  2. Modifications
    1. The Company reserves the right to make any changes to these TOS at its sole discretion. Your continued use of the Website after any such changes, with or without having explicitly accepted the new TOS, shall constitute your consent to such changes.
    2. If you do not agree to such changes, you have no right to obtain information or access to the Website and must immediately cease use of it. You are responsible for regularly verifying these TOS in their current and in effect version from time to time, an up-to-date version of which may be retrieved at any time on the Website.
  3. Purpose of the Services
    1. The purpose of our Services is to allow users to purchase physical assets such as whisky casks (barrels) during the period of its maturation, bottles, and other digital products.
    2. The Services allow you to purchase a DLT-based non-fungible token ("NFT" or "Digital Deed") representing the asset.
    3. The Services allow you to redeem the Digital Deed for delivery of the asset (redemption mechanisms vary depending on the asset). Once redeemed, The Service will provide a DLT-based non-fungible token ("NFT" or "Digital Collectible") representing any additional content associated with the Digital Deed (such as artwork).
    4. A Certificate of Title shall be a document that certifies you are entitled to a specific physical asset which is being stored in a Bonded Facility on behalf of the issuer of the Certificate of Title.
    5. A Bonded Facility shall be a bonded storage facility that complies to industry standards with a secure and controlled environment.
    6. The Company or its subsidiaries are not responsible for the claims made in the collections that are issued on the platform and are the responsibility of the individual Issuers who issue the collections. Please see the Terms & Conditions when purchasing the product.
    7. Upon attempting to redeem your digital deed, in the event that you cannot recover your alcohol beverage products due to the fault of a third party, such as issuers or a Bonded Warehouse going out of business, Company agrees to execute such further documents and provide such assistance as may be reasonably requested by you and that may in Company's reasonable opinion be required to assist you with the retrieval of your tangible alcohol beverage product. You agree to reimburse Company for its reasonable costs actually incurred in fulfilling the terms of this clause.
    8. The Services involve the purchase of alcoholic beverages and are reserved for adults.
  4. The Website
    1. The Website is provided to you on an "as is" basis, without warranties of any kind, either expressed or implied.
    2. The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Website and its content for your personal, non-commercial use, and to display the content of the Website exclusively on your computer screen or other devices (such as smartphones or tablets), subject to your compliance with these TOS and our policies.
    3. All other uses are prohibited without the Company's prior written consent. Except as otherwise agreed upon, if the Company enables the use of software, content, virtual items or other materials owned or licensed by the Company ("Software and Content"), the Company hereby grants you a non-exclusive, non-transferable, non-sublicensable and revocable, worldwide license to access and use the Software and Content solely for personal and non-commercial purposes, conditioned on your compliance with these TOS. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content, except as expressly permitted by the Company or as permitted under applicable law. Any unauthorized use of the Software and Content is strictly prohibited and will terminate the license granted in these TOS. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
    4. If you provide us with any feedback or comments regarding the Website, you grant the Company the right to use such feedback or comments for any purpose without restriction or payment to you.
    5. The Website does not constitute and should not be seen as a recommendation or endorsement of the quality, healthiness, service level, qualification or rating of the Services contained in it. In particular, the Website is not deemed to provide (and must not be held as such) any advice relating to your decision whether or not to use our Services by becoming a User and must not be considered providing complete information in relation to such a decision. The Website only aims to promote the Services provided on it.
  5. Payments
    1. In order to access certain Services, including accessing certain features on our Website or paying for your Digital Deed (including by credit card, wire transfer or in cryptocurrency ("Crypto" or "Cryptocurrency")), you may be required to create an account with us or with a third-party website or platform. Your use of any digital wallet is subject to the terms and conditions of that digital wallet and the use of any digital wallet is at your sole risk and responsibility. We reserve the right to modify the types, prices and number of Digital Deeds that are available in our sole discretion. You may purchase your Digital Deed through our Website using Crypto. We never hold custody nor take ownership or possession of your Digital Deed.
  6. Sale of Alcohol
    1. By purchasing a Digital Deed, you represent to us that you are over the legal age to purchase alcohol beverage products in your jurisdiction (and if making a purchase within the United States, that you are at least 21 years of age). By using our Website and seeking to redeem your Digital Deed for an alcohol beverage product, you represent and warrant that you or the person receiving the alcohol beverage product is over the legal age to purchase alcoholic products (and if making a purchase within the United States, that you or the person receiving the alcohol beverage product are at least 21 years of age). You also agree that you are not permitted to resell alcohol purchased without a proper license allowing the sale/re-sale of alcohol beverage products in your jurisdiction. The Service is not meant to facilitate any improper practices by any alcohol beverage licensee.
  7. Orders and Delivery
    1. Alcohol beverage licensees are solely responsible for all activities related to the sale of alcoholic beverages. By having us arrange the shipping on your behalf, you are also representing that: (i) you are acting in a fashion compliant with the laws and regulations of your jurisdiction and the purchase, shipping, transportation and delivery of alcoholic beverages, (ii) you are legally entitled to receive and take possession of alcoholic beverages, and (iii) you are legally entitled to the quantities ordered and delivered.
    2. Upon redemption of your Digital Deed, you take title to the alcohol beverage product and at that time all associated risks related to the shipment and possession of the alcohol beverage product passes to you. The Digital Deed owner will be required to pay shipping fees and duties related to shipping their Product. YOU ACKNOWLEDGE THAT WE CANNOT SHIP PRODUCTS TO CERTAIN JURISDICTIONS OR TO MINORS WHO ARE NOT LEGALLY PERMITTED TO ACCEPT DELIVERY OF ALCOHOL. You are responsible for compliance with all applicable alcohol beverage, importation and customs laws when you redeem a Digital Deed.
  8. Returns
    1. CASKSTORE DOES NOT ACCEPT ANY RETURNS OR EXCHANGES AND DOES NOT PROVIDE ANY REFUNDS.
  9. Prohibited Actions
    1. You are entitled to use the Website only in conformity with the laws of your country of residence and of the country from which you access this Website. You may solely make legal use of this website, and any illegal or inappropriate use of the Website is banned. In particular, you agree to browse the Website lawfully and without any violation of these Terms or any applicable law and agree not to do any of the following actions in connection with your use of the Website:
      • access or use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit anyone from thoroughly enjoying the Website, including, but not limited to, defamatory, harassing, threatening, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behavior or content;
      • access or use the Website for any illegal or unauthorized purpose or engage in, encourage, or promote any unlawful activity, or any activity that violates these Terms or any other terms or policies provided in connection with the Website;
      • intimidate or harass any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity;
      • damage, disable, overburden or impair the functionality of the Website in any manner; distribute or post spam, unsolicited or bulk electronic communications, advertising, solicitations, promotional materials, chain letters, or pyramid schemes;
      • upload, post, transmit, distribute or otherwise make available any material that contains software viruses, malware, ransomware or spyware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, mobile devices or telecommunications equipment or any other technologies that may harm the Website or the interests or property of the visitors or the Company;
      • export or re-export any applications, code or tools developed by and proprietary to the Company except as in strict compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
      • use any robot, spider, crawler, scraper or other automated means or interface not provided or authorized by us to access the Website or to extract data or information from the Website;
      • commercialize any application, code or any information or software associated with such application and/or the Website without the prior consent of the Company;
      • upload, post, transmit, distribute, store or otherwise make publicly available on the Website any personal data of users, visitors or of any third party without the person's prior explicit consent;
      • harvest or otherwise collect information or data about visitors or users without their consent or use automated scripts to collect information from or otherwise interact with the Website;
      • upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of the Company, is objectionable, misleading or which restricts or inhibits any other person from using the Website, or which may expose the Company or its visitors to any harm or liability of any type;
      • upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence;
      • copy, modify, distribute, sell, or lease any part of the Website;
      • reverse engineer or attempt to extract the source code of the Website;
      • interfere or attempt to disrupt the Website in any way;
      • circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Website or third parties; and
      • infringe upon or violate the rights of the Company, the visitors, the users or any third-party;
      • facilitate or assist another person to do any of the above acts.
  10. Redemption
    1. When you purchase a Digital Deed, the product associated with your Digital Deed will remain in storage (for the indicated or requested duration) until you redeem your Digital Deed for the alcohol beverage product. You acknowledge that it is your responsibility to access our Website to determine that date or dates in which you may redeem your Digital Deed for alcohol beverage products. If you do not redeem your Digital Deed within the date(s) specified by CaskStore, CaskStore may determine, in its sole discretion, that the Digital Deed may no longer be redeemed. In order to Redeem your Digital Deed, you must have an account on our Website and must provide us with accurate and complete shipping details. When you redeem your Digital Deed you represent and warrant that the location in which the alcohol beverage product is being delivered to permits the shipment of alcohol beverages directly to consumers.
    2. Upon redemption of your Digital Deed, your Digital Deed will be converted to a Digital Collectible which may contain additional content (such as artwork). The Digital Collectible is not a redeemable product.
  11. Revocation
    1. In the event that you violate these TOS or if CaskStore no longer has the right to offer the Digital Deed to you, we may revoke your Digital Deed. If your Digital Deed is revoked due to do your breach of these TOS you will not receive a refund of the funds paid for your Digital Deed. You understand that if CaskStore revokes your Digital Deed you may no longer be able to redeem the alcohol beverage product associated with it.
  12. Purchase conditions
    1. You may only participate in the purchase of Digital Deeds by providing all the information necessary for your identification under the provisions of the Swiss Anti-Money Laundering Act (AMLA - Federal Act on Combating Money Laundering and Terrorist Financing of 10 October 1997), the Anti-Money Laundering Ordinance (AMLO), and the Anti-Money Laundering Act of 2020 (AMLA).
    2. You agree that the Company may collect, process and use personal data about you according to the Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing, and you warrant that all data provided by you is accurate.
    3. By registering on the Website and creating an Account, you agree to (a) provide accurate, current and complete information about yourself, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Service, or your Account. Also, you agree that you will not:
      • create another account if we've disabled one you had unless you have our written permission first;
      • create another account if we've disabled one you had unless you have our written permission first;
      • buy, sell, rent or lease access to your Account or username unless you have our written permission first;
      • share your Account password with anyone; or
      • log in or try to log in to access the Service through unauthorized third-party applications or clients.
    4. The Company may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering of incomes obtained by illegal means or for counteracting financing of terrorism. The Company may also require you to provide additional information and documents in cases where it has reasons to believe that:
    5. Your Account is being used for money laundering or any other illegal activity;
    6. You have concealed or reported false identification information and other details; or
    7. Transactions effected via your Account were effected in breach of these Terms.
    8. In such cases, the Company, in its sole discretion, may pause or cancel your transactions until such additional information and documents are reviewed by the Company and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, the Company may refuse to provide the NFT to you.
    9. You may operate on the Website by linking your digital wallets on supported bridge extensions such as Casper Signer or Metamask - or any supported wallet service.
    10. ALL TRANSACTIONS INITIATED THROUGH OUR SERVICE ARE FACILITATED AND RUN BY THIRD-PARTY ELECTRONIC WALLET EXTENSIONS, AND BY USING OUR SERVICES, YOU AGREE THAT YOU ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICY FOR THE APPLICABLE EXTENSIONS.
    11. You may not assign any of your rights, licenses, or obligations under these TOS without the Company's prior written consent. Any such attempt at assignment by you shall be void. The Company may assign its rights, licenses, and obligations under these TOS without limitation and prior consent.
    12. Any Cryptocurrency payments that you make via the Website will be conducted solely through the Crypto Platform. We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. Whether a particular Cryptocurrency is accepted as a payment method by us is subject to change at any time in our sole discretion.
    13. Every transaction on the Crypto Platform requires the payment of a transaction Gas Fee, which is a blockchain transaction fee, paid to network validators for their services to the blockchain.
    14. You are solely responsible for determining and paying all taxes and assessments, including but not limited to value-added, sales, use, and any other applicable taxes associated with your use of the Website. You will pay or reimburse us for all Taxes of any jurisdiction (whether national, federal, state, local, foreign or other) and will not be entitled to deduct the amount of any such taxes from payments made to us pursuant to these Terms.
  13. Intellectual Property Rights
    1. Intellectual property rights and all other proprietary rights in relation to the content available on the Website (including but not limited to software, mobile software, algorithms, codes, audio, video, text, animations, files, photographs designs, graphics, layouts, images, video, information and their selection and arrangement) (hereinafter: the "Website Content") are the exclusive property of the Company or its licensors. Our rights to the Website Content include rights to (i) the Website; and (ii) all designs, layouts, software, displayed and technical information associated with the Website. All Intellectual property rights in the Website Content not expressly granted herein are reserved to the Company. All copyright and other proprietary notices shall be retained on all reproductions.
    2. Any other use of the Website Content, including without limitation distribution, reproduction, modification, making available, communicating to the public, publicly perform, frame, download, display or transmission, in whole or in part, without the prior written consent of the Company is strictly prohibited.
    3. You may not derive or attempt to derive the source code of all or any portion of the software or mobile software (hereinafter: the "Software"), permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Software or any part thereof.
    4. The Company and its licensors own and shall retain all Intellectual property rights and other rights in and to the Software, and any changes, modifications or corrections thereto, subject to open source software used in relation to the Website.
    5. The Company, together with its licensors, expressly reserves all Intellectual property rights in all text, programs, products, processes, technology, content, source code, object codes, layouts, and other materials, which appear on the Website. Access to the Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. Any use of the Website, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without the Company's prior consent.
  14. Trademarks
    1. Company's names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of the Company or its licensors. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to the Website does not authorize anyone to use any name, logo or mark in any manner whatsoever.
    2. Metacask™ is a registered trademark, and metacask.com a domain name owned and controlled by the Company. The trademark Metacask™ together with the other graphics, logos, layouts, designs, page headers, button icons, scripts and service names on the Website, are the trademarks or trade dress of the Company ("Marks"). You may not use the Marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that the Company endorses any product or service. You may not reproduce or use the Marks without the prior written permission of the Company.
    3. Any goodwill accruing out of the use of the Company's and the Marks, trade and business names and service marks will vest in the Company and its affiliates, as the case may be.
  15. Representations and Warranties
    1. You acknowledge and agree that:
      • Your Digital Deeds exist only by virtue of the ownership record maintained on the Crypto Platform. Any transfer of Digital Deeds occurs within the Crypto Platform and not on the Website or Service.
      • You agree that each Digital Deed has no inherent or intrinsic value (other than, with respect to the Digital Deed, when such Digital Deed is redeemed).
      • No representations are made as to the financial value of the tangible alcohol beverage product.
      • We, may go out of business or cease operations and any third-party holding title to the Digital Deed may further go out of business, declare bankruptcy or cease operations, thereby decreasing the subjective financial value of the tangible alcohol beverage product.
      • You understand these TOS and to appreciate the risks and implications of purchasing a Digital Deed.
      • Once we accept your offer to redeem the Digital Deed for the alcohol beverage product, we no longer have any responsibility of or title to such alcohol beverage product.
      • There is substantial uncertainty as to the legal characterization of NFTs and other digital assets under applicable law. You acknowledge that your purchase of a Digital Deed complies with applicable laws and regulations in your jurisdiction.
      • New regulations or policies in United States or foreign jurisdictions may materially adversely affect the development of the Website or Services.
      • You may be unable to resell your Digital Deed.
    2. You agree to use the Website only for purposes that are legal, proper, and in accordance with these TOS and any applicable laws or regulations. Without limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity; (iii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iv) impersonate another person (via the use of an email address or otherwise); (v) upload, post, transmit or otherwise make available through the Website any content that infringes the intellectual proprietary rights of any party; (vi) provide false, inaccurate or misleading information; (vii) use the Website to violate the legal rights (such as rights of privacy and publicity) of others; (viii) engage in, promote, or encourage illegal activity (including, without limitation, terrorism, tax evasion or money laundering); (ix) interfere with another individual's or entity's access to or use of the Website; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights or privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance or violent acts against others; harvest or otherwise collect information from the Website about others, including without limitation email addresses, without proper consent; (x) exploit the Website for any unauthorized commercial purpose; (xi) modify, adapt, translate, or reverse engineer any portion of the Website; (xii) remove any copyright, trademark or other proprietary rights notices contained in or on the Website or any part of it; (xiii) reformat or frame any portion of the Website; (xiv) create user accounts by automated means or under false or fraudulent pretenses; or (xv) access or use the Website for the purpose of creating a product or service that is competitive with any of our products or services. You are expressly forbidden from engaging in any transaction for the purpose of concealing economic activity, laundering money, or financing terrorism.
  16. Reservation of rights
    1. The Company may block, terminate or suspend your ability to use or access the Website, in whole or in part, without notice and at all time, at the sole discretion of the Company, as well as close or interrupt the Website. The Company reserves the right to terminate your right to access and use the Website if you violate these TOS or any other terms, conditions, laws or policies referenced herein, or if you otherwise create risk or possible legal exposure for the Company.
    2. The Company reserves the right to initiate legal proceedings against any person for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these TOS.
  17. Worldwide availability
    1. The Website and content may not be available in all territories and jurisdictions, and we may restrict or prohibit the use of all or a portion of the Website and content in certain territories and jurisdictions.
  18. Downtime
    1. Since the Website is web-based, it might be subject to temporary downtime.
    2. From time to time, we also update or maintain the Website, which will result in the Website not being available for a certain period of time. We do not warrant that the Website operates uninterrupted or error-free.
    3. We are not responsible for any damages or losses suffered by you as a result of any failure or interruption of the Website or suspension of your access to the Website.
  19. Limitation of liability
    1. You expressly acknowledge and agree that your access to and use of the website is at your sole risk. As between you and the Company, to the maximum extent permitted by applicable law, the website is provided on an "as is" and "as available" and "under development" basis, and the Company expressly disclaims all representations, warranties and conditions (express or implied, oral or written), including any implied warranty of merchantability, fitness for a particular purpose and non-infringement. All content available on the Website are made available for informational purposes only and should not be contractual or binding in any way for the Company. You should not rely upon this content in any way. The Company does not give any warranty related to the website, the software and content or any services, information published or available on the website, should it be its availability, accuracy, or lawfulness. The Company shall not verify, update or correct such information. The Company does not warrant that the website will be available at all times and expressly reserves the possibility to discontinue the website without notice. In addition, the Company does not represent or warrant that (a) the operation of the website will be secure, uninterrupted, error-free or virus-free, or (b) any defects in the website will be corrected. No oral or written information, guidelines or advice given by the Company will create a warranty. The foregoing disclaimer of warranties will apply to the maximum extent permitted by applicable law.
    2. The laws of some states or jurisdictions do not allow the disclaimer of implied warranties, so some or all of the disclaimers in this section may not apply to you. You agree that the entire risk arising out of your use of the website remains solely with you. You agree that neither the Company nor its affiliates is/are responsible for the fitness or conduct of any visitor and/or user. Neither the Company nor its affiliates will be liable for any claim, injury or damage arising in connection with the acts or omissions of any visitor and/or user.
    3. Any warranty, condition or other term arising out of or in connection with the Website which might otherwise be implied into or incorporated into these Terms by statute, common law, laws applicable in the country where you used the Website or otherwise (including without limitation any implied term as to the quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded. If you have a dispute with one or more visitor(s), user(s), and/or third-part(y/ies), you agree to release the Company (including our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
    4. These TOS set out the full extent of our obligations and liabilities with respect to the Website. To the maximum extent possible by law, the Company excludes all and any warranty, guarantee, and responsibility in relation to or subsequent to the Website and its content. The Company shall, in particular, not be liable for any damages of any kind, including loss of income or data, suffered by the visitor, the user or any other person, by an act of the Company or of a third party. This includes any misuse that would be made of the visitor's and/or user's data, any virus or other forms of malware transmitted through the Website or the server, as well as any non-compliance of users and/or visitors with these TOS. The Company shall have no liability for any personal injury, lost profits or other consequential, special, punitive, indirect, or incidental damages arising from or related to your use or inability to use the website. Notwithstanding anything to the contrary in these TOS, nothing in these TOS excludes or limits our liability for fraud or for death or personal injury caused by our negligence. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. In no event shall the aggregate liability of the Company arising out of or relating to the use of or inability to use the website exceed one hundred swiss francs (CHF100). You agree that any claim filed more than one (1) month after the discovery of the alleged liability of the company shall be time-barred.
  20. Act of God
    1. The Company cannot accept responsibility for any damage, loss, delay, or inconvenience caused by circumstances beyond our reasonable control. Such circumstances include but are not limited to war, the threat of war, riots, civil strife, or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, interruption or failure of a utility service or the acts of any local or national government.
  21. Indemnification
    1. You agree to defend, indemnify and hold harmless the Company and its affiliates, independent contractors and service providers, and each of its respective directors, officers, employees and agents from and against all Third-party claims, damages, costs, liabilities and expenses (including, but not limited to, court and attorneys' fees) caused by, arising out of or related to (a) your use of, or inability to use, the Website; (b) your violation of these Terms or any other applicable terms, policies, warnings, warranties, or instructions provided by the Company or a Third-party in relation to the Website; (c) your violation or alleged violation of any rules, regulations, laws, codes, statutes, ordinances or orders of any governmental or regulatory authorities in connection with your use of our Services, including but not limited to any customs, shipping, or alcohol beverage laws, or any rights of any Third-party.
  22. Third-party links
    1. The Website may contain links which direct you to third-party websites. The Company rejects any liability on said Third-party websites, which are solely provided in the users' and visitors' interest.
    2. The Company has no influence on the content of third-party websites. The Company, therefore, cannot assume any guarantee for the accuracy, completeness or safety of this Third-party content.
  23. Applicable Law and Dispute Resolution
    1. The performance and interpretation of the present TOS will be subject exclusively to the laws of Switzerland, excluding its conflict of laws principles.
    2. Any dispute arising out of or in relation with these TOS that cannot be resolved amicably by the Parties or by way of mediation shall be submitted to the competent courts of Canton Zug, Switzerland.
  24. General Provisions
    1. The Company's failure to enforce a provision of these TOS does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
    2. Should any term, condition, or provision of these TOS be deemed or held to be invalid or unenforceable for any reason, those remaining terms, conditions, and provisions shall remain valid and enforceable. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that will meet the purpose of the invalid or unenforceable provision as closely as possible.
    3. Suppose a court of law determines that any term, condition, or provision of these TOS is invalid or unenforceable but that by limiting such term, condition, or provision, it would become valid and enforceable. In that case, such term, condition and/or provision shall be deemed to be written, construed and enforced as so limited.

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Metacask is operated by CaskStore LTD in the UK, Company number 13347596 (hereafter referred to as “CaskStore”).

Spirits collectibles are considered property in most jurisdictions (for example the UK for Scotch Casks). CaskStore uses blockchain based Digital Deeds for this property and therefore has no specific restrictions on who is allowed to own and trade these properties (aside from age restrictions). These Digital Deeds are not considered financial instruments and should not be used for speculation, these Digital Deeds represent ownership over collectibles.

Information on this website related to each Digital Deed is under the responsibility of the Broker or Brand that has digitized the Product. Metacask has no obligation to verify the information provided by the issuer of each Digital Deed and declines any responsibility concerning the accuracy of such information. Nor does the Company or any of its representatives make any warranty, express or implied, of any kind whatsoever related to any information on this website or the use of information on this website. By accessing this website and the services provided, you agree to the Terms of Service and Privacy Policy.

CaskStore does not provide any custody services for Digital Deeds or funds, the custody of digital tokens is the responsibility of the participant and any loss of private keys to digital wallets may require additional services from CaskStore for recovery, for which participant will bear all related costs - please review the Terms of Service carefully.

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