Terms of Use
luckyswap.com
LUCKY SWAP is the NFT ecosystem which connects digital artists with offline businesses, has its own cross-chain marketplace with deep analytical tools and gamification through NFT games and lotteries. The marketplace is launched by SHANGRILLER CONSULTANTS LIMITED (Company). Users of the marketplace can perform operations of buying, selling, exchanging and in-depth analysis of NFT collections on different top sites, without the need to go and register on them.

Access to, and use of the services available through the website (Services) are subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

[1] Amendments to Terms of Use

The Company reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on the website or through the Services. Your continued use of the website and the Services following such notification will represent an agreement by you to be bound by the Terms of Use as amended.

[2] Who may use the Website?

You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to access the Services.

The website and the Services are offered only for your personal and commercial use. You agree that the Company is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of interacting with the Website or the Services.

By using the Website or the Services you represent and warrant that:

1. you are not a current resident of the United States of America, China (Mainland), Cuba, Crimea and Sevastopol, Iran, Afghanistan, Syria, North Korea, Antigua and Barbuda, Hong Kong, Thailand, Malaysia, India or Canada (Ontario); and

2. your access to and use of the Website and Services is lawful in your country of residence in the manner in which you access and use them.

[3] Website

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Website.

You are responsible for ensuring your security of access to any digital wallet used by you in connection with the Website or the Services.

We make no representation and give no warranty that the Services will have any particular value or any monetary value at all. You are liable for any loss or diminution value of NFT items.

[4] Linked sites

The Website may contain links to other websites (Linked Sites), which are not operated by the Company. The Company has no control over the Linked Sites, makes no warranties or representations in relation to the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each respective Linked Site.

[5] Privacy policy

Our privacy policy, which sets out how we will use your personal information, can be found at https://luckyswap.com/privacypolicy. By using the Website and the Services, you consent to our collection, storage, use and disclosure of your personal information as set out in the privacy policy and warrant that all data provided by you is accurate.

[6] Safety warnings

THE COMPANY OFFERS A MARKETPLACE TO BUY, SELL, EXCHANGE NFT ITEMS WITH OTHER USERS OF THE SERVICES. THE USE OF ANY INFORMATION PROVIDED THROUGH THE WEBSITE AND THE SERVICES IS SOLELY AT YOUR OWN RISK AND IS NOT A FINANCIAL ADVICE. YOU ARE LIABLE FOR ANY LOSS.

[7] Disclaimer of representations and warranties

TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE WEBSITE‘S OR SERVICES’ ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

[8] Prohibitions

You must not misuse this Website or the Services. This means that you must not (among other things):

  1. commit or encourage a criminal offence;
  2. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  3. hack into any aspect of the Website or the Services, corrupt data, or cause annoyance to other users;
  4. infringe upon the rights of any other person's proprietary rights;
  5. send any unsolicited advertising or promotional material, commonly referred to as “spam”;
  6. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website or the Services;
  7. make false, inaccurate, misleading or deceptive representations;
  8. engage in fraudulent conduct or abuse, misuse or attempt to abuse or misuse the Website or the Services;
  9. submit any content that contravenes any laws;
  10. infringe on the rights of any person who has a copyright, patent, trademark or any other form of intellectual property right, confidentiality or privacy;
  11. contravene any applicable state, federal or international law or regulation;
  12. engage in defamatory or libellous conduct towards any other person;
  13. threaten or harass any other person;
  14. publish or engage in obscene material that in the Company’s sole discretion, is in any way inappropriate or unsuitable for the platform;
  15. publish or participate in publishing any malicious code, script or data that may causes harm, damage or interfere or modify the Website or the Services without the express prior written consent from the Company; or
  16. engage in conduct deemed contrary to the spirit of the Website or the Services as determined by the Company in its sole discretion.

You agree that, except as these Terms of Use expressly provide otherwise, we do not need to notify you in advance or give you any reasons for any action we may take in connection with your misuse of the or the Services, including suspending or cancelling your access to the Website and the Services.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

We are not liable for any loss of assets incurred as a result of the suspension or cancellation of your access to the Website and the Services.

[9] Intellectual property, software and content

The intellectual property rights in all software and content (including images) made available to you on or through the Website or the Services remain the property of the Company or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by the Company and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website or through the Services nor may you use any such content in connection with any business or commercial enterprise. You must not use the Company’s trade marks (including names and logos) in any circumstances (including by linking on websites or social media) without the Company’s prior written consent.
You grant to the Company a non-exclusive, irrevocable, global licence (including the right to sublicense to third parties) to exercise the intellectual property rights in any content you submit through the Website or the Services for any purpose.

[10] Disclaimer of liability

  1. Subject to clause 10.3, any non-excludable consumer guarantees and other consumer protection provisions set out in the UK Consumer Law or equivalent consumer protection law, the material displayed on the Website or through the Services is provided without any guarantees, conditions or warranties as to its accuracy.
  2. Subject to clause 10.3, to the fullest extent permitted by law the Company hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and is not liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, non-value or diminution in the value of assets, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website, the Services or the Linked Sites and any materials posted on those websites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
  3. If the UK Consumer Law or any other legislation provides that there is a guarantee in respect of goods or services supplied, and the Company’s liability for failure to comply with that guarantee may not be excluded but may be limited, and instead the Company’s liability for such failure is limited to:
  • 1. in the case of a supply of goods, the Company replacing the goods or supplying equivalent goods or repairing the goods; or
  • in the case of a supply of services, the Company supplying the services again or paying the cost of having the services supplied again

[11] Linking to the LUCKY SWAP website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The LUCKY SWAP website must not be framed on any other site, nor may you create a link to any part of the website other than the home page. We reserve the right to withdraw linking permission without notice. You must not create hyperlinks using any of the Company’s logos.

[12] Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured in the Website are in no way associated, linked or affiliated with the Company and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on the Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Company.

[13] Indemnity

To the maximum extent permitted by law, you are liable for and must indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all liability, loss, damages, costs or third party claims (including, but not limited to, legal fees on an indemnity basis), however caused, in connection with:

  1. your use of the Website or the Services;
  2. any user content submitted by you or on your behalf;
  3. any breach of these Terms of Use by you;
  4. any alleged or actual infringement of a third party’s intellectual property rights or other right in connection with your use of the Website or the Services; or
  5. any unlawful or negligent act of you or anyone acting on your behalf.
Each indemnity contained in these Terms of Use is a continuing obligation notwithstanding any settlement of account or the occurrence of any other thing, and it is not necessary for the Company to incur expense or make payment before enforcing or making a claim under an indemnity.

[14] Variation

The Company retains the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any part of the Website.

[15] Invalidity

If any part of the Terms of Use are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

[16] Force majeure

The Company will not be in breach of these Terms of Use as a result of, or liable for, any failure or delay in the performance of the Company’s obligations under these Terms of Use to the extent that such failure or delay is wholly or partially caused, directly or indirectly, by any event outside the Company’s reasonable control or any act or omission of you or any third party.

[17] Assignment

You must not assign, in whole or in part, or novate your rights and obligations under these Terms of Use without the prior written consent of the Company. The Company may assign its interest under these Terms of Use.

[18] Waiver

A right under these Terms of Use may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in the waiver.

[19] Exclusion of third party rights

Except under clause 14, no person other than the parties to these Terms of Use has any rights under them, nor are they enforceable by any person other than the parties to them.

[20] Governing law and jurisdiction

These Terms of Use are governed by the law of British Virgin Islands and you agree to submit to the exclusive jurisdiction of the courts of British Virgin Islands.

[21] Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Users can send their complaints to complaints@luckyswap.com. We respond to customer complaints within 2 business days.