Terms and Conditions

Website Terms and Conditions of Use

1. About the Website

1.1. Welcome to www.nfstay.com (the 'Website'). The Website for The Bricks Enterprise(the 'Services').

1.2. The Website is operated by The Bricks Enterprise. Access to and use of the Website, or any of its associated Products or Services, is provided by The Bricks Enterprise. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of our Services, immediately.

1.3. The Bricks Enterprise reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Bricks Enterprise updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

2.1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by The Bricks Enterprise in the user interface.

2.2. The “Terms” is defined as the following:

(a) These Terms and Conditions

(b) Our Privacy Policy

2.3. The Bricks Enterprise is operating under UAE legislation. The services provided by the Website are not considered to be financial or custodian services under this jurisdiction, and therefore do not require any licenses to operate. As laws and regulations are different in other countries the right to access and/or use the Website (including any, or all, the products offered via the Website) may be illegal in certain countries. You are responsible for determining whether you’re accessing and/or use of the Website is compliant with applicable laws in your jurisdiction and that the service offered on this Website is not illegal in the territory where you reside,

3. Registration to use the Services

3.1. In order to access the Services or some of the Services, you may need to register for an account through the Website (the 'Account').

3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) an email address

(b) a mail address

3.3. You warrant that any information you give to The Bricks Enterprise in the course of completing the registration process will always be accurate, correct and up to date.

3.4. Once you have completed the registration process, you will be a registered user of the Website ('User') and agree to be bound by the Terms.

3.5. You may not use the Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with The Bricks Enterprise; or

(b) you are a person barred from receiving the Services under the laws of the UAE, the United States or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a User

4.1. As a User, you agree to comply with the following:

(a) you will use the Services only for purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(b) you have the sole responsibility for protecting the confidentiality of your password, email address, and keys to the wallet. Use of your password by any other person may result in the immediate cancellation of the Services;

(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify The Bricks Enterprise of any unauthorized use of your password or email address or any breach of security of which you have become aware;

(d) access and use of the Services is limited, non-transferable and allows for the sole use of the Website by you for the purposes of The Bricks Enterprise providing the Services;

(e) you will not use the Services or the Website in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of The Bricks Enterprise;

(f) you will not use the Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by The Bricks Enterprise for any illegal or unauthorized use of the Website; and

(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. The Services

5.1. The Bricks Enterprise will offer the services of minting NFTs as well as a secondary marketplace for these NFTs. The exact range of the services and how the services can be accessed will be disclosed at a later stage.

6. Third-Party Service and Content

6.1. In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement or promotion of such third-party products or services by The Bricks Enterprise. The Bricks Enterprise retains the exclusive right to add to, modify, or cancel the availability of any Third-Party Service. The Bricks Enterprise does not control, endorse, or adopt any Third-Party Content and will have no responsibility for Third-Party Content including, but not limited to, token availability and/or sales.

6.2. If, to the extent permitted by The Bricks Enterprise, the User grant express permission to a third party to access or connect to the Users The Bricks Enterprise account, either through the third party’s product or service or through The Bricks Enterprise, the User acknowledges that granting permission to a third party to take specific actions on the Users behalf does not relieve the User of any of the Users responsibilities under this Agreement. The User is fully responsible for all acts or omissions of any third party with access to the Users The Bricks Enterprise account.

7. Copyright and Intellectual Property

7.1. The Website, the Services and all the related products of The Bricks Enterprise are subject to copyright. The material on the Website is protected by copyright under the laws of England and Wales and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by The Bricks Enterprise or its contributors.

7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by The Bricks Enterprise, who grants you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained on the Website in your device's cache memory; and

The Bricks Enterprisedoes not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by The Bricks Enterprise.

7.3. The Bricks Enterprise retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(a) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),to you.

7.4. You may not, without the prior written permission of The Bricks Enterprise and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

8. Privacy

8.1. The Bricks Enterprise takes your privacy seriously and any information provided through your use of the Website and/or Services is subject to The Bricks Enterprise’s Privacy Policy, which is available on the Website.

9. General Disclaimer

9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law.

9.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) The Bricks Enterprise will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet any applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of The Bricks Enterprise makes any express or implied representation or warranty about the Services or any products or Services (including the products or Services of The Bricks Enterprise) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorized access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Services or any of the products of The Bricks Enterprise; and

(d) the Services or operation in respect to links that are provided for your convenience.

10. Limitation of liability

10.1. The Bricks Enterprise's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

10.2. You expressly understand and agree that The Bricks Enterprise, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

11. Termination of Contract

11.1. The Terms will continue to apply until terminated by either you or by The Bricks Enterprise as set out below.

11.2. If you want to terminate the Terms, you may do so by:

(a) providing The Bricks Enterprise with 1 days' notice of your intention to terminate; and

(b) closing your accounts for all of the services which you use, where The Bricks Enterprise has made this option available to you.

Your notice should be sent, in writing, to The Bricks Enterprise via the 'Contact Us' link on our homepage.

11.3. The Bricks Enterprise may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) The Bricks Enterprise is required to do so by law;

(c) the provision of the Services to you by The Bricks Enterprise is, in the opinion of The Bricks Enterprise, no longer commercially viable.

11.4. Subject to local applicable laws, The Bricks Enterprise reserves the right to discontinue or cancel your account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts The Bricks Enterprise's name or reputation or violates the rights of those of another party.

12. Indemnity

12.1. You agree to indemnify The Bricks Enterprise, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempt to do so; and/or

13. Dispute Resolution

13.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

13.2. Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

13.3. Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

(a) Within 14 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or initiate or request one appointed by Dubai Chamber of Commerce in Dubai.

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held in Dubai.

13.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

13.5. Termination of Mediation:

If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14. Venue and Jurisdiction

The Services offered by The Bricks Enterprise are intended to be viewed by residents of the UAE. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Dubai.

15. Governing Law

The Terms are governed by the laws of Dubai. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws Dubai, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable, and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

17. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

Last updated 7 months ago