terms & condition

SECTION 6 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include third-party materials. Third-party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant it. We will not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties. We are not liable for any harm or damages related to purchasing or using goods, services, resources, content, or other transactions connected with third-party websites. Please review the third-party’s policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Before finalizing a credit card payment, please read and agree to these third parties’ terms. For credit card payments, we use the services of Crossmint. In turn, they use the services of Stripe. Before finalizing a credit card payment, please read and agree to these third parties terms.

SECTION 7 – PERSONAL INFORMATION

Our Privacy Policy governs your submission of personal information through the store. Please visit the Privacy section of our website. By agreeing to these Terms, you also agree to our Privacy Policy.

SECTION 8 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product and/or service descriptions, pricing, promotions, offers, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel any information in the Service or on any related website that is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Service or any related website, including pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or related website has been modified or updated.

SECTION 9 – RESTRICTIONS

You may not purchase nor use any of 1Kiss Token Products or Services if you are a resident, citizen, or taxpayer of the United States of America or its territories, Canada, or Hong Kong (SAR).

You may not purchase nor use any of our Products or Services if you are a citizen or resident of the following countries/territories under international sanctions: Afghanistan, Belarus, Cuba, Iran, Democratic People’s Republic of Korea (North Korea), Republic of Sudan (Sudan), Republic of South Sudan (South Sudan), Syria, Venezuela, the Russian Federation (Russia), Crimea Region of Ukraine.

You may not purchase nor use any of our Products or Services if you are a person or entity under international sanctions, such as under the US Treasury list or the EU person sanctions list.

You may not purchase nor use any of our Products or Services if you are a resident or citizen of a country where the purchase of 1Kiss may be prohibited by law.

SECTION 10 – DISCLAIMER:

Waiver of liability:

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, shareholders, suppliers, service providers, or licensees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service or from us, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some countries, states, or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Service continuity:

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time without notice to you. 1Kiss relies on a decentralized smart contract for staking. The 1Kiss utility may be subject to disruptions out of our control.

Information provided:

The information provided in the 1Kiss whitepaper, on the 1Kiss website, and other information or advertising media we use is intended for general informational purposes only and does not constitute investment advice. While we have made every effort to ensure that the information is up-to-date, complete, and accurate, we make no representation or warranty of any kind, express or implied, regarding the completeness, accuracy, reliability, suitability, or availability of the whitepaper or the information, products, services, or related graphics contained within for any purpose. Any reliance on such information is strictly at your own risk.

The whitepaper, website, marketing materials, and any documents produced by the 1Kiss team taken by itself is not a contract or a contractual agreement of any kind, nor is it an invitation, solicitation, or offer to invest in the token with any expectation of financial profit therefrom.

Purchasing 1Kiss involves risks and may lead to the loss of your entire amount spent on your 1Kiss purchase. By accessing our website, the whitepaper, or other informative material about us, you acknowledge that purchasing and holding 1Kiss coins involve an element of risk and may lead to the loss of all or a substantial part of the sum purchased. Therefore, before deciding to purchase 1Kiss coins, you must diligently and thoroughly assess and consider the risks listed in the RISKS section and other risks not included or anticipated in this document. You should consult with your advisors concerning the legal and tax implications in your country of origin and any other aspects regarding any outstanding matters related to how the 1Kiss platform is designed and operated.

Any user of 1Kiss represents and warrants that such user has received appropriate technical, administrative, regulatory, and legal advice before and after accessing and/or reading this whitepaper or the website and/or using any portion or element of 1Kiss, including the token.

Not a security or share:

1Kiss is strictly a utility token in all jurisdictions. It cannot be considered a security, financial instrument, financial service, or otherwise regulated token.

The use of the 1Kiss platform and its associated services do not represent or confer any ownership rights, shares, securities, voting rights, dividends rights, interests, equivalent rights, intellectual property rights, or any other form of participation relating to the issuer. The 1Kiss coin and the use, holding, and trading of the 1Kiss coin do not carry ownership rights, shares, securities, voting rights, dividends rights, interests rights, or equivalent rights, intellectual property rights, or any other form of participation relating to the issuer.

Prices and costs on the 1Kiss website:

Actual prices and fees paid during a transaction when pressing the Buy button may differ slightly from those displayed on our website.

Pricing of 1Kiss is fixed at the time the user clicks the purchase button. If the transaction is not completed or executed on the blockchain within 24 hours of submission, the transaction will be reverted, you will lose your gas, and the purchase will not go through on the blockchain. To avoid this, please ensure that your purchase of 1Kiss goes through within 24 hours.

Fees displayed when the user is staking their 1Kiss tokens are estimated by reading the values of the smart contract. Therefore, the staking fees are only a snapshot of the current value and may fluctuate up until the point when the staking transaction is executed on chain.

The exchange rate of 1Kiss to Ethereum on our website and other currencies may fluctuate. The price of 1Kiss is only fixed when the buyer submits the purchase transaction, and this transaction has to be approved within 24 hours to go through.

Secondary market sale is frozen until after pre-sale ends:

Although 1Kiss token holders are free to start staking their 1Kiss tokens as early on as during the pre-sale period, they will not be able to sell, trade, or transfer their 1Kiss tokens until after the pre-sale has ended, which is at the sole discretion of the 1Kiss team. After the pre-sale, the 1Kiss team will unlock the transfer function allowing 1Kiss tokens to be freely sold, traded, or transferred.

Once the pre-sale ends, the price of the 1Kiss on Uniswap or similar third-party platform(s) will be fixed by the market and may fluctuate up and down independently.

Wrong wallet address:

1Kiss token holders can stake their tokens (boost) on one or more staking contracts. These staking contracts correspond to individuals, organizations, protocols, and other creators not affiliated with or endorsers of 1Kiss. Although we try to ensure that the smart contract or wallet address corresponding to a given staking contract is duly owned and controlled by the corresponding individual or organization, we do not warrant that this may always be the case.

Fees and staking costs:

1Kiss token holders are solely responsible for all fees and costs associated with staking their 1Kiss tokens.

Special conditions for credit card purchases:

The credit card purchase service is no longer available. It was previously provided by the third party Crossmint.

Buyers purchasing 1Kiss tokens via credit card are solely responsible for putting in the correct wallet address when converting their 1Kiss tokens from NFT form to coin form. They are also solely responsible for remembering their Crossmint credentials, for any gas costs associated with converting their 1Kiss NFT into 1Kiss tokens, for the system tax cost when converting their 1Kiss from NFT to coins, and for any and all credit card fees associated with their 1Kiss purchase.

Buyers purchasing 1Kiss tokens via credit card will be able to convert (1-time transfer) their 1Kiss from NFT format to coin format and are solely responsible for ensuring that the wallet they are one-time transferring their 1Kiss NFT tokens to is correct.

Tokenomics:

At times and without prior notice, we may make changes to the 1Kiss token and/or staking tokenomics at its sole discretion to improve balance, accommodate new features, take into account new market trends, or for other reasons. When/if such changes, they will be described on our website and amended white paper.

Wallets blacklisting:

If we suspect a wallet of being used for fraudulent purposes, money laundering, or illegal activities or subject to government or court order, or advice from legal counsel, we may temporarily or permanently blacklist specific wallets. Similarly, if we suspect a staking entity of being used for fraudulent purposes, money laundering, or illegal activities or subject to government or court order, or advice from legal counsel, we may temporarily or permanently blacklist specific staking entities.

SECTION 11 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless us and our parent company, subsidiaries, affiliates, partners, officers, directors, shareholders, agents, contractors, licensees, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use & Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 12 – SEVERABILITY

If any provision of these Terms of Use & Service is deemed unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Use & Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 13 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Use & Service shall not constitute a waiver of such right or provision.

These Terms of Use & Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use & Service).

Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.

SECTION 14 – GOVERNING LAW & DISPUTES

These Terms of Use & Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hong Kong SAR.

Waiver:

The parties (you and us) waive their rights to go to court and have a trial before a judge or a jury. In addition, all claims must be arbitrated or litigated individually and not on a class basis, and claims of more than one customer cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Claims settlement:

In case of any dispute, all parties should try to resolve their differences in connection with the Terms of Use & Service or any product or service we provided through informal discussion and negotiation or arbitration, as described below.

You hereby waive your constitutional, statutory, and otherwise rights to go to court and have a trial before a judge or jury. In addition, all claims must be arbitrated or litigated individually and not on a class basis, and claims of more than one customer cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

All claims and disputes that cannot be settled informally or through the Hong Kong small claims tribunal shall be resolved by binding arbitration, as described below. This arbitration agreement applies to you and us, our directors, officers, employees, affiliates, agents, contractors, interns, shareholders, suppliers, service providers, licensees, successors, or assigns. Before seeking arbitration, the party must send a Notice of Dispute describing the nature and basis of the claim or dispute and the requested relief. A Notice of Dispute to 11Kiss Token should be sent by registered mail to us at 19/F, Two International Finance Centre, 8 Finance Street, Central, Hong Kong. If the claim is unresolved within 30 days, either party may begin an arbitration proceeding. Any dispute, controversy, difference, or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach, or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) (https://www.hkiac.org/) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be the Hong Kong law. The seat of arbitration shall be in Hong Kong. The number of arbitrators shall be three. The arbitration proceedings shall be conducted in English. The decisions of the HKIAC shall be binding on each party and final, and all aspects of the arbitration proceeding, including but not limited to the award of the arbitrator, shall be strictly confidential. In any case, any claim against us shall not exceed the amount that you paid us for the services and products.

Small claims tribunal:

Notwithstanding the foregoing, either you or we may bring an individual action in the small claims tribunal of Hong Kong.

SECTION 15 – CHANGES TO TERMS OF USE & SERVICE

You can review the most current version of the Terms of Use & Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use & Service constitutes acceptance of those changes.

SECTION 16 – CONTACT INFORMATION

Questions about the Terms of Use & Service should be sent to us at support@1kiss.club

1KISS is a registered brand name.

Last update 20.03.2024