Welcome to ETHFUND

ETHFUND NFT Marketplace Terms and Conditions

ETHFUND NFT Marketplace Terms of Use

Welcome to the ETHFUND NFT Marketplace! The ETHFUND NFT Marketplace is owned and operated by T8 Exchange Pty Ltd, Inc. (“ETHFUND,” “we,” “us” or “our”). It is a platform that facilitates the purchase, sale and display of non-fungible tokens. These Terms of Use, together with ETHFUND’s Privacy Policy, and any documents they expressly incorporate by reference, govern your access to and use of the ETHFUND NFT Marketplace, including any content, functionality, and services offered on or through ETHFUND.io (the “Site”) and the online and/or mobile services, and software provided on or in connection with transactions on the Site (collectively, the “Services”).
You may only use the Services by linking your digital wallet on supported bridge extensions such as MetaMask (https://metamask.io/). MetaMask is an unhosted electronic wallet, which allows you to purchase, store, and engage in transactions using Ethereum cryptocurrency. In connection with using the Services, we will ask you to download a supported electronic wallet extension, and connect and unlock your digital wallets with that extension. Once you submit an order to purchase a non-fungible token (“NFT”), your order is passed on to the applicable extension, which completes the transaction on your behalf.

1. ACCEPTANCE OF TERMS
These Terms of Use set out your rights and responsibilities when you use the ETHFUND NFT Marketplace to buy, sell, or display NFTs or create a collection of NFTs, so please read them carefully. The ETHFUND NFT Marketplace is an administrative platform that facilitates transactions between a buyer and a seller but is not a party to any agreement between the buyer and seller of NFTs or between any users and is not involved in settling or transmitting payment for such transactions. By clicking on the “I Accept” button, completing the account registration process, or using the Site, you accept and agree to be bound and abide by these Terms of Use and all of the terms incorporated herein by reference. By agreeing to these terms, you hereby certify that you are at least 18 years of age. If you do not agree to these Terms of Use, you must not access or use the Site.
All transactions initiated through our Services are facilitated and run by third-party platform partners, and by using our Services you agree that you are also governed by the terms of service and privacy policy for the applicable third-party platform partner. To bid on or purchase an NFT, you must agree to OpenSea’s Terms of Service as well as the applicable digital wallet extension’s terms. For MetaMask, those terms are available at (https://metamask.io/terms.html) and (https://metamask.io/privacy.html).
Please read our Terms of Use carefully. These Terms of Use state that any disputes between you and ETHFUND must be resolved in binding arbitration or small claims court and that you waive the right to participate in any class action. 

2. UPDATES & CHANGES TO TERMS
Because ETHFUND provides a wide and growing range of services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. Your use of the Services constitutes your acknowledgment and acceptance of the specific requirements and terms of use for certain of the Services.
ETHFUND reserves the right to change or modify these Terms of Use at any time and in our sole discretion. If we make changes to these Terms of Use, we will attempt to provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Services, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you may not access or use the Services.

3. ETHFUND NFT MARKETPLACE ACCOUNT REGISTRATION
You need to create a User Account (“Account”) with ETHFUND to use the Services. When you create an account, we will ask you for information about yourself. We may require you, in our sole discretion, to provide additional information and/or documents. If you do not provide complete and accurate information and/or documents in response to such a request, we may refuse to provide you with the Services. 
By creating an Account, you agree to (1) provide accurate, current and complete Account information about yourself, (2) maintain and promptly update from time to time as necessary your Account information, (3) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (4) immediately notify us if you discover or otherwise suspect any security breaches related to the Services, or your Account. ETHFUND will block multiple accounts of the same user. 
You further agree that you will not (1) create another account if we’ve disabled one you had unless you have our written permission first; (2) buy, sell, rent or lease access to your Account or username unless you have our written permission first; (3) share your Account password with anyone; or (4) log in or try to log in to access the Services through unauthorized third-party applications or clients.
You agree that ETHFUND has the right to immediately suspend your account, pause or cancel your access to the Services, or close your account if we suspect, in our sole discretion, that (1) your account is being used to facilitate money laundering or any illegal activity; (2) you have concealed or provided false identification information or other details; (3) you have engaged in fraudulent activity; or (4) you have engaged in transactions in violation of these Terms. ETHFUND 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 (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism.

4. COMMUNICATION
By creating an Account, you consent to receive electronic communications from ETHFUND (e.g., via email or by posting notices to the Service). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

5. ETHFUND CONTENT
Unless otherwise indicated in writing by us, the Services and all other materials contained therein, including, without limitation, the ETHFUND logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “ETHFUND Content”) are the proprietary property of ETHFUND or our affiliates, licensors or users, as applicable.
Notwithstanding anything to the contrary in these Terms, the Services and ETHFUND Content may include software components provided by ETHFUND or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
The ETHFUND logo and any ETHFUND product or service names, logos or slogans that may appear on the Services are trademarks of ETHFUND or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “ETHFUND ” or any other name, trademark or product or service name of ETHFUND or our affiliates without our prior written permission. In addition, the look and feel of the Services and ETHFUND Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of ETHFUND and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and ETHFUND names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by ETHFUND.
You are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable license to access and use the Services and ETHFUND Content; provided, however, that such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Service or ETHFUND Content, (b) distribute, publicly perform or publicly display any ETHFUND Content, (c) modify or otherwise make any derivative uses of the Services or ETHFUND Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Services or ETHFUND Content, except as expressly permitted by us, and (f) use the Services or ETHFUND Content other than for their intended purposes.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Service for noncommercial purposes, provided that such link does not portray ETHFUND or our affiliates or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of ETHFUND to link to the Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any ETHFUND trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written consent.

6. USER CONDUCT
You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct, while accessing or using the Services. You agree that you will abide by these Terms and will not:
* Provide false or misleading information to ETHFUND ;
* Use or attempt to use another user’s Account without authorization from such user and ETHFUND;
* Pose as another person or create a misleading username;
* Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
* Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Services;
* Reverse engineer any aspect of the Services, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Services;
* Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Services that you are not authorized to access;
* Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Services pages or functionality;
* Use data collected from our Services to contact individuals, companies, or other persons or entities;
* Use data collected from our Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
* Bypass or ignore instructions that control all automated access to the Services;
* Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
* Use the Ethereum Platform to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Ethereum Platform, or the Services;
* Engage in wash trading or other deceptive or manipulative trading activities;
* Place misleading bids or offers;
* Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments; or
* Use the Services to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that are redeemable for financial instruments, assets that give owners rights to participate in an ICO or any securities offering, or assets that entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts.

7. INTELLECTUAL PROPERTY
ETHFUND reserves the right to remove content without prior notice. ETHFUND will take down content in response to formal infringement claims and will terminate a user's access to the Services if the user is determined to be a repeat infringer.
If you believe that your content has been copied in a way that constitutes copyright infringement, please report this by contacting us at:
Address: Unit 3, Level 1, 394 Collins Street, Melbourne, Victoria, 3000, Australia                                                            
Email:  support@ETHFUND.io
Formal infringement claims regarding content on the Services must include:
* A written communication delivered to the agent designated above;
* A physical or electronic signature of someone authorized to act on behalf of the copyright owner;
* Identification of the copyrighted work(s) allegedly infringed;
* Identification of material claimed to be infringing, reasonably sufficient to permit ETHFUND to locate the material;
* Information reasonably sufficient to permit ETHFUND to contact the complaining party. This can be an address, phone number, email address, or other suitable method of contact;
* A statement that the “complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and”
* A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of copyright owner.

8. THIRD PARTIES
The ETHFUND NFT Marketplace is our own proprietary platform, including but not limited to MetaMask, to perform NFT transactions. Our Service may contain links to third-party websites or applications (collectively, “Third Party Sites”). ETHFUND does not own or control Third Party Sites. You understand and agree that your use of any Third Party Site is subject to any terms of use and/or privacy policy provided by such Third Party Site. ETHFUND is not a party to any such agreement. You should review any terms of use and/or privacy policy provided by such Third Party Site and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.ETHFUND provides these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites, or their products or services. You use all links in Third Party Sites at your own risk. We may, but are not obligated to, warn you that you are leaving our Site. When you leave our Site, our Terms and policies no longer govern. 

9. UNIQUE RISKS ASSOCIATED WITH DIGITAL ASSET TRANSACTIONS
You accept and acknowledge:
* The price and liquidity of blockchain assets are extremely volatile and may be subject to large fluctuations. Fluctuations in the price of other digital assets could materially and adversely affect NFTs, which may also be subject to significant price volatility.
* Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of NFTs. NFTs are not legal tender and are not backed by the government.
* You are solely responsible for determining what, if any, taxes apply to your NFT transactions. ETHFUND is not responsible for determining the taxes that apply to NFT transactions.
* Our Service does not store, send, or receive NFTs. This is because NFTs exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of NFTS occurs within the supporting blockchain and not on this Service.
* There are 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. You accept and acknowledge that ETHFUND will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.
* A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of NFTs.
* The Services rely on our own proprietary platform and third-party platforms such as MetaMask to perform NFT transactions. If the terms and conditions or pricing of such platform providers change or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Services will suffer.
* There are risks associated with purchasing or selling NFTs including but not limited to the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become non-transferable. Assets you purchase may also become inaccessible on the Marketplace.

You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that ETHFUND does not give advice or recommendations regarding NFTs, including the suitability and appropriateness of, and investment strategies for, NFTs. You agree and understand that you access and use the Services at your own risk; however, this brief statement does not disclose all of the risks associated with NFTs and other digital assets. You agree and understand that ETHFUND will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using NFTs, however caused.

ETHFUND is an software administrative platform only. We are not a broker, financial institution, or creditor. ETHFUND facilitates transactions between the buyer and seller in the auction but is not a party to any agreement between the buyer and seller of NFTs or between any users.

10. DISCLAIMERS OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ETHFUND, THE SERVICES, CONTENT CONTAINED THEREIN, AND NFTS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. ETHFUND MAKES NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. ETHFUND DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, CONTENT CONTAINED THEREIN. ETHFUND DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE ETHFUND ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, ETHFUND CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, CONTENT, ANY CRYPTO ASSETS LISTED ON OUR SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, OR OTHER MEANS OF ATTACK AGAINST THE SERVICE.
NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT ETHFUND CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS.

ETHFUND IS NOT RESPONSIBLE FOR SUSTAINED CASUALTIES DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF NFTS. ETHFUND IS NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING NFTS INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you. 

11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ETHFUND BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ETHFUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ETHFUND ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, NFTS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SERVICE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY ETHFUND FROM THE SALE OF NFTS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF ETHFUND FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF ETHFUND’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF ETHFUNDS FRAUD OR FRAUDULENT MISREPRESENTATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THIS LIMITATION MAY NOT APPLY TO PERSONAL INJURY CLAIMS.

12. INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless ETHFUND, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “ETHFUND Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Services, content or NFTs, (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of a third party, including another user, ETHFUND or MetaMask. You agree to promptly notify ETHFUND of any third party Claims and cooperate with the ETHFUND Parties in defending such Claims. You further agree that the ETHFUNDParties shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND ETHFUND.

13. MODIFICATIONS OF THE SERVICE
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) at any time. You agree that ETHFUND will not be liable to you or to any third party for any such modification, suspension, or discontinuance of any of the Services.

14. GOVERNING LAW
These Terms are governed by the laws of the State of Victoria in Australia, without regard to conflict of law principles. Subject to the following section, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and ETHFUND agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Australia, for the purpose of litigating all such disputes. We operate the Services from our offices in state of Victoria, and we make no representation that information and materials included in the Services are appropriate or available for use in other locations.

15. DISPUTE RESOLUTION; ARBITRATION
16. Dispute Resolution. Please read the following arbitration agreement (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with ETHFUND and limits the manner in which you can seek relief from us.
17. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with ETHFUND, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or ETHFUND may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
18. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to ETHFUND. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352- 5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, ETHFUND will pay them for you. In addition, ETHFUND will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totalling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
19. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and ETHFUND. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non- monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
20. Waiver of Jury Trial. YOU AND ETHFUND HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and ETHFUND are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified otherwise herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
21. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A OR COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the State of Victoria, Australia. All other claims shall be arbitrated.
22. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Unit 3, Level 1, 394 Collins Street, Melbourne, Victoria, 3000, Australia within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
23. Severability. Except as provided otherwise herein, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
24. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with ETHFUND.
25. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if ETHFUND makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to ETHFUND at the following address: Unit 3, Level 1, 394 Collins Street, Melbourne, Victoria, 3000, Australia

  16. TERMINATION
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

17. SEVERABILITY
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

18. SURVIVAL
You agree and understand that all provisions of these Terms of Use shall survive the termination or expiration of these Terms of Use.
These Terms along with ETHFUND’s Privacy Policy constitute the entire agreement between you and ETHFUND relating to your access to and use of the Services, and your participation in auctions. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of ETHFUND prior, concurrent or subsequent circumstance, and ETHFUND’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

19. CONTACT ETHFUND
If you have any questions or concerns regarding these Terms or otherwise would like to contact ETHFUND, please send ETHFUND Customer Support an email at support@ethfund.io

Last updated: October 8, 2021