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TERMS OF USE

Last updated on August 8, 2022.


Rario is owned and operated by Digital Collectibles Pte. Ltd. ("Rario” “we” “us” “our” which shall include its affiliates, employees, directors, group companies, parent and subsidiary). Rario  is a platform that allows the users (“user”, “you”, and “your”) to buy, collect, sell, store, or display digital non-fungible tokens (“NFTs”) including all associated features and functionalities, websites, platforms, and user interfaces, as well as all content and software applications associated (“Services”) on or through https://www.rario.com/ (“Site”) or its mobile application (“App”) containing exclusive digital content such as photographs, digital artefacts and/or videos or related Digital Assets of one or more sporting moments, sporting activities, related events and its current and former sports players. 


Digital Asset” refers to any content or data linked with unique NFTs, implemented on a private blockchain (the “Blockchain Network”). 


NFTs” refer to a type of cryptographic token representing a unique asset. NFTs are tokenised versions of digital or real-world assets acting as verifiable proofs of authenticity and ownership within a blockchain network. NFTs are not interchangeable and introduce scarcity to the digital world. Rario’s NFTs adhere to the ERC-721 standard for issuing and trading non-fungible assets on the Ethereum compatible blockchains, allowing greater interoperability between applications.


The Platform and its content are copyrighted work belonging to Digital Collectibles Pte Ltd and/or its licensors/collaborators. 


These Terms, our privacy policy available at https://www.rario.com/privacy-policy/  (“Privacy Policy”), and any additional terms (including pertaining to specific offers, promotions, discounts, etc), conditions, guidelines and rules that we provide to you, including in connection with your use of the Services we may offer or make available to you (“Additional Terms”) together with any documents expressly incorporate by reference (collectively “Terms”) are entered into by and between you and us. These Terms, together with any documents they expressly incorporate by reference, govern your access to and use of Platform, Digital Assets, including any content, functionality, and Services.


PLEASE READ THE TERMS CAREFULLY BEFORE YOU START TO USE THE PLATFORM. BY ACCESSING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THESE TERMS. When you use any of the Services provided through the Platform, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Service, and they shall be deemed to be incorporated into these Terms and shall be considered as part and parcel of these Terms. If you do not agree to these Terms, you may not access the Platform. Any access to our Services/Platform through registrations/subscription is non-transferable.



You may use the Services only if you are 18 years or older and capable of forming a binding contract with Rario, and not otherwise barred from using the Services under any applicable law.


By signing up or otherwise using any of the Services, Platform you are giving your consent for collection, using and disclosing of your personal data and also you are entering into a binding contract with Rario to participate on the Platform as a user. Your submission of information, including personal information, through or in connection with the Platform is governed by the terms of our Privacy Policy. 


Please note that we are not a financial institution, payment wallet provider bank, credit union, trust, hedge fund, broker or investment or financial advisor, and we are not subject to the same laws, regulations, directives or requirements applicable to such aforementioned persons. You acknowledge and agree that no oral or written information or advice provided by Rario, its officers, directors, employees, advisors, affiliates or agents, nor any information obtained through the Services (including on the Platform), will or shall constitute investment, or financial advice of any nature whatsoever. To use our Services, you must use a payment wallet integrated with a third-party which allows you to engage in transactions on a blockchain network.


In the event the Terms conflict with any other document/policy/content on the Platform, the Terms will prevail over them (subject to the Additional Terms), for the purposes of usage of the Platform and/or the Services. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. 


NFTs. Rario offers digital NFTs using an identified technology/network on the Platform containing exclusive digital content such as photographs, digital artefacts and/or videos or related Digital Assets of one or more sporting moments, sporting activities, related events and its current and former sports players. These underlying Digital Assets are authentic, and originally owned by the respective players/ sporting associations/ sports bodies to which Rario has obtained necessary licensing rights. 


PLATFORM. Digital Assets including NFTs issued by Rario are accessible and useable only in a closed loop set of authorised applications, including but not limited to Site, App, Smart Contracts, Digital Asset Wallets, and games (“Platform”).


DIGITAL ASSET WALLETS. The digital asset wallet (“Digital Asset Wallet”) is a custodial wallet service on the Platform maintained by Rario on behalf of the user on the Platform to facilitate the user to store the NFTs. As and when a user purchases the NFTs through primary or secondary sales, the purchased NFTs will be deposited into the Digital Asset Wallet. The Digital Asset Wallet shall be the maintained solely by Rario and all rights pertaining to the Digital Asset Wallet shall vest exclusively with Rario.


The NFTs on the Digital Asset Wallet shall not be immediately available for use on the Platform and they may be subject to delays on the Blockchain Network, or such holds, imposed to reduce fraud or other risks, or other limitations pursuant to Rario’s policies including the AML CFT Policy. The Digital Asset Wallet and the NFTs stored therein can only be used in connection with Services and not for any transactions outside of the Services. 


Upon the successful primary sale of the NFTs, Rario shall deposit the purchased NFT into the Digital Asset Wallet of the user. Upon the secondary sale of the NFTs by the user, Rario shall debit the Digital Asset Wallet and send the user specified NFT to the other user as per the terms of the secondary sale. Rario shall also freeze or debit the Digital Asst Wallet where it is required to do so by applicable law, to prevent fraud, protect security or where Rario believes that freezing a given NFT or transaction is necessary. Without limitation, Rario may apply a cooling-off period for NFTs such that they cannot be transferred from the Digital Asset Wallet before a period of time determined by Rario, in its sole and absolute discretion. User represents that they are not purchasing NFTs for investment purposes nor as a conduit to obtaining other assets, therefore a freeze on the Digital Asset Wallet shall not be the basis of a claim by user for economic or other losses. For the security of the users, the keys to the Digital Asset Wallet are stored in a secured vault, which are inaccessible to Rario and the users. 


Fees may apply to deposit or transfer the NFTs in the Digital Asset Wallet or as otherwise set forth herein. Rario reserves the right to impose delays, limitations, additional security features and other controls on Digital Asset Wallets at its sole and absolute discretion.


PARTNER PSP. Rario uses third-party payment service providers (“Partner PSP(s)”) to facilitate financial transactions on the Platform.


USERS OUTSIDE OF INDIA.  International users (outside of India) shall have option of choosing between Circle Internet Financial, LLC (www.circle.com, terms available at https://www.circle.com/en/legal) (“Circle”) for Payment Wallet (defined below) in order to store the fiat currency for subsequent purchase of NFTs or Checkout Ltd. (www.checkout.com, terms available at https://www.checkout.com/legal/terms-and-policies) (“Checkout”) at the time of purchase of the NFTs as Partner PSP. Checkout is a cloud-based, end-to-end payments platform, however, no deposits can be made on Checkout. 


USERS IN INDIA. Any payments or financial transactions that Indian users engage on the Platform will be conducted solely through Rario Digital Private Limited ("RDPL”). RDPL may use services of payment enabling companies as Partner PSP such as Cashfree Payments India Private Limited, (www.cashfree.com, terms available at https://www.cashfree.com/tnc/) ("Cashfree”) or Dlocal LLP, (www.dlocal.com, terms available at https://dlocal.com/legal/terms-and-conditions/) (“DLocal”), or similar (collectively “Payment Enabler”) to enable Indian users to use local credit/ debit cards, net-banking and Unified Payments Interface ("UPI”). For clarification, no deposits can be made with any of the Payment Enablers.


PAYMENT WALLETS. The payment wallet (“Payment Wallet”) is a wallet service linked to the Platform with an integration from a Partner PSP. . Rario and Partner PSP shall have no liability for any transactions undertaken with the involvement of Payment Wallet. As and when a user purchases or sells the NFTs through primary or secondary sales, the relevant amount will be deducted/deposited into the Payment Wallet. You are solely responsible for keeping your Payment Wallet secure and you should never share your Payment Wallet credentials with anyone. If you discover an issue related to your Payment Wallet, please contact Rario immediately. Likewise, you are solely responsible for your acts or omissions in connection with your Payment Wallet being compromised.


By using Partner PSP in connection with the Services, you agree that you are using their services under the terms and conditions as may be applicable to such Partner PSP and as may be available and updated from time to time on their website. Rario accepts no responsibility for, or liability to you, in connection with your use of the Partner PSP and makes no representations or warranties regarding how the Services will operate with the Partner PSP. 


Rario does not process refunds, returns, chargebacks for the users and all financial transactions on the Platform is the responsibility of the user, and Rario has no liability in respect of such transactions. Rario has no liability to user concerning refunds, returns, chargebacks or other commercial elements of their transactions with other users, Platform or third parties, whether or not they involve transactions in the Digital Asset Wallet. User holds exclusive responsibility for their Digital Asset Wallet, Payment Wallet and transactions therein.


User hereby appoints Rario as its limited representative for the sole purpose of sending and receiving user’s data to and from the Partner PSP.


If user wishes to add any amount to the Payment Wallet, they can do so by sending instructions to it through the Account in accordance with the terms and policies of the Payment Wallet.


If user wishes to withdraw funds from their Payment Wallet, they can do so by sending instructions sent through the Account on the Platform. Any transactions involving Payment Wallet are subject to the terms of such Payment Wallet and may include other limitations.


THIRD-PARTY DIGITAL WALLETS. We neither own nor control any third-party digital wallets, including without limitation the Blockchain Network, your browser, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Site. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties. 


PURPOSE. Rario is a platform. We are not a broker, financial institution, or creditor. The Services are an administrative Platform only. 


ACCOUNT. Anyone can browse our Site without registering for an account. However, you are required to register for an account (“Account”) in order to use the Services. When you create an Account, Rario may ask you for some information about yourself. Rario may require you, in its 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, Rario reserves the right to refuse to provide you with the Services. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete, Rario reserves the right to indefinitely suspend or terminate or block access of your membership on and/or access to the Platform. Rario shall also reserve the right to restrict, suspend, terminate or block your access to the Platform, if so prohibited by applicable laws (including international trade sanction laws). Use of the Platform is available only to persons who can enter into a legally binding contract under applicable laws. 


ACCESS. You understand and agree that access to your Rario account is limited solely to you and it is not transferrable. You agree that you will not sell, rent, lease, transfer, or grant access to your Rario account to any person without prior written permission from Rario.


SECURITY. You understand and agree that you are solely responsible for maintaining the security of your Account, Digital Asset Wallet and Payment Wallet and control over any usernames, passwords, or any other codes that you use to access the Services. Any unauthorized access to your Account, Digital Asset Wallet and Payment Wallet by third parties not attributable to Rario could result in the loss or theft of NFTs and/or funds held in your Account, Digital Asset Wallet and Payment Wallet and/or any associated accounts, including your linked bank account(s), wallet(s) and/or credit card(s). You understand and agree that you will not hold Rario responsible for breach of security of your Account, Digital Asset Wallet and Payment Wallet attributable to your actions, inactions, fault or negligence. You further understand and agree that Rario is not responsible (and you will not hold us responsible) for any unauthorized access to or use of your Account, Digital Asset Wallet and Payment Wallet. You are responsible for monitoring your Account, Digital Asset Wallet and Payment Wallet. 


You agree to – a) immediately notify the Platform of any unauthorized use/breach of your password or Account, Digital Asset Wallet and Payment Wallet and b) ensure that you exit/log out from your Account at the end of each session.


Also, you agree that you will not:

  • create another account if Rario has disabled one you had unless you have Rario’s written permission first; and

  • log in or try to log in to access the Service and/or the Platform in any manner through unauthorized third-party applications or clients.


ACCOUNT SUSPENSION. You agree that Rario has the right to immediately suspend your Account, Digital Asset Wallet and Payment Wallet, pause or cancel your access to the Services and/or the Platform, or close your Account, Digital Asset Wallet and Payment Wallet if we suspect, in our sole discretion, that: 

  • Your Account, Digital Asset Wallet and Payment Wallet is being used in violation of Rario’s AML CFT Policy available at https://www.rario.com/aml-cft-policy (“AML CFT Policy”). 

  • You have concealed or provided false identification information or other details; 

  • You have engaged in fraudulent activity.

  • Your usage results in, or threatens to result in, any security breach and/or data breach in respect of the Platform. 

  • You have engaged in transactions in violation of these Terms.


PRIMARY SALE/RELEASE. Rario allows you to purchase, collect, sell, store or display NFTs using the Platform.


You can purchase NFTs in two ways:

  • by buying bundles of NFTs from Rario also referred to as “packs”; or 

  • by buying individual NFTs from Rario.


Rario reserve the right to modify the types, prices and numbers of NFTs available at its sole discretion. The user shall bear the exchange-rate risk associated with such purchase at all times.


SECONDARY SALE / TRADING. Users holding NFTs will have the ability to sell them on the Platform.


In return for making the Platform available for sale and purchase between the users, Rario charges a commission on the sale of NFTs of an amount that is always specified in advance to the concerned users.


It is expressly agreed that payment for the NFTs will be made using the Partner PSP, and such payments shall be additionally subject to the terms of such Partner PSPs. Payment will be made concurrently with the transfer of the NFTs. 


The users shall have to comply with the know your customer (“KYC”) requirements (including any and all checks required by the Partner PSP) before making the sale. Rario has collaborated with Onfido, an online verification platform for the KYC of the users. 


All the users’ information required for KYC will be held by Onfido and will be used/secured as per the provisions of PDPA and shall be subject to privacy policy of Onfido and the Privacy Policy.   


The selling user shall bear the exchange-rate risk associated with transaction at all times.


If you decide to purchase NFTs in such a secondary sale, you understand that such purchases will be entirely at your sole risk.


SITE CONTENT, SOFTWARE AND TRADEMARKS. You acknowledge and agree that the Site may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws and are the proprietary property of Rario and its affiliates. Except as expressly authorized by Rario and its affiliates, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works on the Site or the Site Content, in whole or in part. In connection with your use of the Site you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Rario and its affiliates from accessing the Site (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Site or distributed in connection therewith are the property of Rario, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Rario.


USER RIGHTS. User, upon purchasing an NFT, receives a cryptographic token representing the user’s Digital Asset as a piece of property which shall be deposited in the Digital Asset Wallet, but does not own the creative work itself. 


USER MAY DISPLAY AND SHARE THE DIGITAL ASSET BUT USERS DO NOT HAVE ANY LEGAL OWNERSHIP, RIGHT, OR TITLE TO ANY COPYRIGHTS, TRADEMARKS, OR OTHER INTELLECTUAL PROPERTY RIGHTS TO THE DIGITAL ASSET, EXCEPTING THE LIMITED LICENSE TO THE DIGITAL ASSET GRANTED BY THESE TERMS.


For the avoidance of doubt, except as otherwise provided, upon purchase of an NFT on the Platform, user receives a limited, worldwide, non-assignable, non-sublicensable, royalty-free license to display the Digital Asset. Such license to display includes the following: (1) for the purpose of promoting or sharing the user’s purchase, ownership, or interest, and (2) for the purpose of sharing, promoting, discussing, or commenting on the Digital Asset.  


User has the right to sell, trade, transfer, or use their NFT, but user may not make “commercial use” of the underlying Digital Asset including, for example, by selling copies of the Digital Asset, selling access to the Digital Asset or the Digital Asset Wallet, selling derivative works embodying the Digital Asset or otherwise commercially exploiting the Digital Asset or the Digital Asset Wallet.


You acknowledge and agree that you may not, nor permit any third-party, to do or attempt to do any of the foregoing without Rario’s express prior written consent in each case: (1) modify, distort, mutilate, or perform any other modification to the Digital Asset which would be prejudicial to the Rario, its affiliates or its partners’ honor or reputation; (2) use the Digital Assets to advertise, market, or sell any third-party product or service; (3) use the Digital Assets in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (4) incorporate the Digital Assets in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these Terms or solely for your user’s personal, non-commercial use; (5) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Digital Assets; (6) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Digital Assets; (7) attempt to mint, tokenize, or create an additional cryptographic token representing the same Digital Assets, whether on or off of the Platform; (8) falsify, misrepresent, or conceal the authorship of the Digital Assets; or (9) otherwise utilize the Digital Assets for the user’s or any third-party’s commercial benefit.


USER IRREVOCABLY RELEASES, ACQUITS, AND FOREVER DISCHARGES RARIO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND SUCCESSORS OF ANY LIABILITY FOR DIRECT OR INDIRECT COPYRIGHT OR TRADEMARK INFRINGEMENT FOR RARIO’S USE OF A DIGITAL ASSETS IN ACCORDANCE WITH THE TERMS HEREIN.


RARIO RESERVES RIGHT TO SEIZE, FREEZE OR OTHERWISE MODIFY THE OWNERSHIP OF ANY NFT IF RARIO DETERMINES THAT THE NFT HAS NOT BEEN RIGHTFULLY ACQUIRED FROM A LEGITIMATE RARIO AUTHORISED SOURCE. 


USE OF SITE. You are hereby granted a limited, nonexclusive, non-transferable, no sublicensable license to access and use the Site/Platform; provided, however, that such license is subject to these Terms and does not include any right to (i) sell, resell or use commercially the Site/Platform; (ii) distribute, publicly perform or publicly display any content; (iii) modify or otherwise make any derivative uses of the Site/Platform, or any portion thereof; (iv) use any data mining, robots or similar data gathering or extraction methods; (v) download (other than page caching) any portion of the Site/Platform, except as expressly permitted by us; and (vi) use the Site/Platform other than for their intended purposes. You agree, undertake and confirm that your use of the Site/Platform and/or the Services shall be strictly governed by the following binding principles. 


Code of Conduct: You shall not host, display, modify, publish, transmit, update or share anything that:

  • infringes any intellectual property or other proprietary rights of any party; 

  • you do not have a right to upload under any law or under contractual or fiduciary relationships; 

  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

  • poses or creates a privacy or security risk to any person; 

  • constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; 

  • belongs to another user and to which you do not have any right to; 

  • are misleading in any way; 

  • are unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; 

  • deceives or misleads the addressee/ users about the origin of the NFTs;  

  • impersonate another person; 

  • shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service providers or other suppliers;  

  • are against public morality, public interest, public order, national security, national harmony or is otherwise prohibited by applicable laws; 

  • could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden or impair the functioning of the Site in any manner; 

  • could reverse engineer any aspect of the Site, 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 Site; 

  • could circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Site that you are not authorized to access; or

  • bypasses or ignores instructions that control all automated access to the Site.


Further, you shall not:

  • use the Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;

  • post false, inaccurate, misleading, deceptive, defamatory, or libellous content;

  • distribute viruses or any other technologies that may harm the Site or the interests or property of users;

  • use the Site 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 Blockchain Network, or the Site;

  • solicit personal information from anyone;

  • harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or the content posted on the Site, or to collect information about its users for any unauthorized purpose;

  • access or use the Site or the purpose of creating a product or service that is competitive with any of our products or services;

  • probe, scan or test the vulnerability of the Site or any network connected to the Site nor breach the security or authentication measures on the Site or any network connected to the Site; or

  • reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, including any user account not owned by you, to its source, or exploit the Platform or any Service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Rario.


Please note that if we determine that you falsely report that an unauthorized or fraudulent transaction has been made through the Site, you shall be liable for all costs and expenses Rario accrues in this process including without limitation all related bank and third-party charges. Rario reserves the right to seek legal action if you violate this provision.


INFORMATION DISCLOSURE. You understand that Rario shall reserve the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform including but not limited to your KYC details) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as Rario, in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.


PUBLIC INFORMATION SHARED BY YOU. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you on the public forum due to your use of the Platform, and that the recipient may use such information to harass or injure you. Rario does not approve of such unauthorized uses, however, by using the Platform you acknowledge and agree that the Platform or Rario is not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform, or from the Platform on other social platforms (including but not limited to Facebook).


HYPERLINKS. You are granted a limited, nonexclusive, non-transferable right to create a text hyperlink to the Site for non-commercial purposes, provided that such link does not portray Rario 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 Rario to link to the Site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Rario trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout or design of any page, or form contained on a page, on the Site without our express written consent.


THIRD-PARTY SERVICES. The Site may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left our Site and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of Rario. Rario is not responsible for any Third-Party Websites or Third-Party Applications. We provide these Third-Party Websites and Third-Party Applications only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites or Third-Party Applications, or their products or services. You shall use all links in Third-Party Websites and Third-Party Applications at your own risk. When you leave our Site, our Terms do not govern Third-Party Websites or Third-Party Applications. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.


PAYMENTS. It is expressly agreed that payment for the NFTs will be made using the service of Partner PSPs primarily in United States Dollars or any other fiat money or payment modes as indicated by Rario from time to time. Payment will be made concurrently with the transfer of the NFTs. From time to time, prices are subject to change in response to currency exchange rate changes, applicable law and other commercial factors. The price applicable to your order will be the price at the time, your order is accepted including any charges levied by the Partner PSP. If you are a user whose credit/ debit card is not denominated in the United States Dollars, the final price for any order will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. In the event of any payment made in relation to the NFTs, the buying user shall bear all the exchange-rate risk on such purchase. Regardless of your geographical location and the currency you use for your order, your order may be processed by the Partner PSP in the applicable region, in which case your bank may charge you an international transaction fee, and Rario shall not be responsible for any such fee or charge.


All financial transactions on the Platform will be conducted solely through Partner PSPs and shall be subject to any applicable charges that may be charged by the Partner PSP. We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. We have no liability to you or to any third-party for any claims or damages that may arise as a result of any payments or transactions that you engage through such Partner PSP.  


All the payments shall be governed by the Partner PSPs’ terms of use and its privacy policy. The Privacy Policy of Rario may not be applicable in this regard.


FEES. By transacting on the Platform, you agree to pay all applicable fees, as stipulated on the checkout screen at the time of your purchase that may include any applicable levies, service fees, PSP Partner fees, foreign exchange rate, conversion charges, commissions, royalties and other charges ("Fee”). Fee may include (a) Rario Platform fees; (b) royalty fee; and (c) Gas Fee - “Gas Fee” (The Blockchain Network requires the payment of Gas Fee for every transaction that occurs on the Blockchain Network, and thus on every transaction occurring on the Site). The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of Rario. You acknowledge that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on the Site be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to you. You also acknowledge and agree that Gas Fee is non-refundable under all circumstances. You authorize Rario to automatically deduct Fee directly from payments to you and/ or add Fee to your payments to Rario where applicable.


REFUND POLICY. Rario does not provide refunds for any purchases that you might make whether for NFTs, Services or anything else on or using the Platform.


CHANGES TO THE PLATFORM. We may in our absolute and sole discretion change, update, amend, remove, or discontinue any part of the Platform, the Services and the Content at any time without prior notice to you. 


Any changes to these Terms will be in effect as of the ‘Last Updated Date’ referred to at the top of this page. You should review these Terms before using the Platform or purchasing any NFT or using any Services that are available through this Platform.


Your continued use of this Platform after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.


INFORMATION COLLECTION AND USE BY THE PLATFORM. We collect users’ submitted information, such as name, phone number and e-mail address and other personal data as set out in the Privacy Policy, to authenticate the users while signing up on the Platform and to send related notifications. We also collect other profile data including but not limited to address, personal interests, gender and age.


We also log non-personally identifiable information including IP address, profile information, aggregate user data, and browser type, from users. This data is used to manage the website, track usage and improve the Services. This non-personally identifiable information may be shared with third parties to provide more relevant services and advertisements to members. User’s IP addresses are recorded for security and monitoring purposes. We may also use user’s e-mail address to send updates, newsletters or news regarding the Services. For details, please refer to the Privacy Policy. 


TECHNOLOGICAL RISKS. You understand and agree that your access and use of the Platform is subject to certain risks. We state that the policies, standards, systems and procedures at Rario comply with the MAS Technology Risk Management Guidelines, 2021. The policies, standards, systems and procedures are regularly reviewed and updated, taking into consideration the evolving technology and cyber threats. 


FINANCIAL RISKS. Price and liquidity of NFTs are extremely volatile and may be subject to fluctuations. Fluctuations in the price of other digital assets could materially and adversely affect the price of NFTs. Legislative and regulatory changes or actions may adversely affect the use, transfer, and value of the NFTs. NFTs are not legal tender and are not backed by any government. Transactions involving NFTs may be irreversible expect as described in the refund policy, and losses due to fraudulent or accidental transactions may not be recoverable. NFTs are subject to the risk of fraud, counterfeiting, cyber-attacks and other technological difficulties which may prevent access to or use of your NFTs. You understand and agree that you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself. Rario does not give any advice or recommendations regarding the NFTs. You understand and agree that you will access and use the Platform at your own risk. You understand and agree that Rario will not be responsible for any communication failures, disruptions, errors, or distortions you may experience when using the Services or the Platform.


INTELLECTUAL PROPERTY RIGHTS. The Rario logo and any Rario product or service names, logos or slogans that may appear on the Services or Services are trademarks of Rario and shall not be copied, imitated or used, in whole or in part, without Rario’s prior written permission. You shall not use any metatags or other “hidden text” utilizing “Rario” or any other name, trademark or product or service name of Rario without Rario’s prior written permission. In addition, the look and feel of the Services and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Rario shall not be copied, imitated or used, in whole or in part, without Rario’s prior written permission. All other trademarks, registered trademarks, product names and Rario’s names or logos mentioned on the Services are the property of their respective owners and shall 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 Rario. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.


Intellectual property including copyright, trademark, and other laws in, to or of the Content, NFTs, Services, all other trademarks, product names, and logos on the Platform are the property of their respective owners and shall not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property holder. 


Without limiting the foregoing, if you believe that third-party material hosted by Rario infringes your copyright or trademark rights, please file a notice of infringement by contacting Rario at dpo@rario.com.  In such event, please provide Rario with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on Platform of the material that your claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Rario’s policy is to suspend or terminate the account of repeat infringers at its own discretion.


If NFTs purchased by you contains “Third-Party IP” (e.g., licensed intellectual property from the cricketers or any Cricket organization), you understand and agree as follows: (a) that you will not have the right to use such Third-Party IP in any way except as incorporated in the NFTs, and subject to the license and restrictions contained herein; (b) that, depending on the nature of the license granted from the owner of the Third-Party IP, we may need to (and reserve every right to) pass through additional restrictions on your ability to use the NFTs; and (c) to the extent that we inform you of such additional restrictions in writing, you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of this section. 


THE PURCHASE OF NFTS DOES NOT CONSTITUTE AN ASSIGNMENT, TRANSFER OR OTHER DISPOSITION OF INTELLECTUAL PROPERTY IN NFT IN FAVOUR OF THE PURCHASER OF THE NFT. RARIO OR ITS AFFILIATES OR ITS LICENSORS (AS THE CASE MAYBE) SHALL ALWAYS REMAIN THE ABSOLUTE OWNER OF THE INTELLECTUAL PROPERTY IN THE NFTS AND THE PURCHASER SHALL HAVE NO OWNERSHIP OF THE UNDERLYING INTELLECTUAL PROPERTY IN THE NFTS.


TAXATION. It is your sole responsibility to comply with applicable laws related to your use of the Services including, without limitation, to collect and remit any and all taxes that apply to any transactions you have made using the Services. It is your sole responsibility to report and remit the correct tax amount to any and all tax authorities. You acknowledge and agree that Rario is not responsible for determining or reporting the amount of any taxes you owe. Rario shall reserve the right to deduct taxes and other authorized withholdings as may be required by applicable law.


OWNERSHIP. Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, the Rario logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof, including all associated intellectual property rights (collectively, “Content”) are the proprietary property of Rario or its affiliates, or licensors as applicable. 


Notwithstanding anything to the contrary in these Terms, the Services and Content may include software components provided by Rario or a third-party that are subject to separate license terms, in which case those license terms will govern such software components.


NO ADVICE OR BROKERAGE. Rario does not provide any investment, financial, tax, or legal advice, or advice on trading techniques, models or any other schemes. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance.


INDEMNIFICATION. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Rario, each member of Rario and its and their 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 “Rario 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 Platform, Content, NFTs, (b) any feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of a third-party, including another user or Partner PSPs, and (e) your failure to pay any applicable taxes in connection with your transactions on or using the Platform. You agree to promptly notify Rario of any third-party Claims and cooperate with Rario Parties in defending such Claims. You further agree that the Rario Parties 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 RARIO OR OTHERWISE UNDER APPLICABLE LAWS OR EQUITY.


LIMITATION OF LIABILITY. IN NO EVENT WILL RARIO 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 PLATFORM, THE SITE, CONTENT, 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 RARIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, ACCOUNT, DIGITAL ASSET WALLET AND PAYMENT WALLET, CONTENT 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 RARIO ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE PLATFORM, SITE, CONTENT, DIGITAL ASSETS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SITE EXCEED THE AMOUNT RECEIVED BY RARIO FROM THE TRANSACTION OF THE DIGITAL ASSET THAT IS THE SUBJECT OF THE CLAIM.


LANGUAGE. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English. In case of any discrepancy, the English version shall prevail.


GOVERNING LAW AND VENUE. These Terms, your access to and use of the Platform, Services and Content shall be governed by and construed and enforced in accordance with the laws of Singapore.  


DISPUTE RESOLUTION; BINDING ARBITRATION. All disputes arising out of or in connection with these Terms, or in respect of any defined legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by a sole arbitrator appointed by Rario and the same shall be governed by rules and procedures of Singapore International Arbitration Centre. 


ARBITRATION FEES. Each party to any arbitration will cover its own fees and costs associated with the arbitration proceedings.


AWARD ENFORCEMENT. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties to the arbitration shall not appeal any arbitration decision to any court.


EQUITABLE REMEDIES. Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms are specifically enforceable by Rario through injunctive relief and other equitable remedies without proof of monetary damages.


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


ENTIRE AGREEMENT. These Terms (as updated from time to time) comprise the entire agreement between you and Rario relating to your access to and use of the Platform, Services and Content, and supersede any and all prior discussions agreements, and understandings of any kind (including without limitation prior versions of these Terms). Except as otherwise provided herein, these Terms are intended solely for the benefit of the users and us and are not intended to confer third-party beneficiary rights upon any other person or entity.


Notices. Notices to you may be made via email such as account registration confirmation and other notification. The Site may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Site/Platform.


MODIFICATIONS. We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site/Platform (or any features or parts thereof) or suspend or discontinue a part or whole of the Services at any time and without liability thereof.


SURVIVAL. All Terms incorporated herein by their nature extend beyond the expiration or termination of these Terms, including, without limitation, sections pertaining to suspension or termination, indemnification, general use of the Site, and general provisions, shall survive the termination or expiration of these Terms.


CORRECTIONS. There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.


DISCLAIMER. 


EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY RARIO, THE PLATFORM AND CONTENT CONTAINED THEREIN, AND NFTS AND THE UNDERLYING DIGITAL ASSETS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. RARIO (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE PLATFORM: (i) WILL MEET YOUR REQUIREMENTS; (ii) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (iii) WILL BE ACCURATE, RELIABLE, COMPLETE, OR SAFE. RARIO 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 PLATFORM AND CONTENT CONTAINED THEREIN. RARIO DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE PLATFORM 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 PLATFORM. WHILE RARIO ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE PLATFORM AND CONTENT SAFE, RARIO CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, CONTENT, ANY NFTS AND THE UNDERLYING DIGITAL ASSETS LISTED ON THE PLATFORM 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, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (i) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (ii) SERVER FAILURE OR DATA LOSS; (iii) UNAUTHORIZED ACCESS TO APPLICATIONS; (iv) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM, NFTS OR DIGITAL ASSETS.


DIGITAL ASSETS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE LEDGER WITHIN THE BLOCKCHAIN NETWORK. WE DO NOT GUARANTEE THAT RARIO CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY DIGITAL ASSETS.


RARIO is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behaviour of software (e.g., wallet, smart contract), Digital Asset Wallet and Payment Wallet, blockchains or any other features of the Digital Assets. RARIO is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the Digital Asset Wallet, Payment Wallet and the blockchain supporting Digital Assets including but not limited to forks, technical node issues or any other issues having fund losses as a result.


Nothing in these Terms shall exclude or limit your liability to us for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded under applicable laws.


USE OF COOKIES. Rario use cookies to store visitors’ and users’ preferences and to record session information, for purposes including ensuring that visitors / users are not repeatedly offered the same advertisements and to customize newsletter, advertising, and Content based on browser type and user profile information. Rario does not link the information that we store in cookies to any personally identifiable information you submit while on our site.


Please note that Rario allows third-party advertisers that are presenting advertisements on some of our pages to set and access their cookies on your computer. Please note that third parties (such as analytics software) may also use cookies, over which we have no control and such use shall be governed by third-party’s own privacy policies. The Privacy Policy of Rario may not be applicable in this regard.


Please also refer to our Privacy Policy for further information on collection of cookies. 


FORCE MAJEURE. Rario hereto shall not be liable to you for delay in any performance or for the failure to render any performance under these Terms or any other terms when such delay or failure is a direct result of any present or future statute, law, ordinance, regulation, order, failure to deliver on the part of its suppliers, judgment or decree, act of God, earthquake, epidemic, pandemic, explosion, lockout, boycott, strike, labor unrest, riot, war, shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity and other similar events beyond Rario’s control (“Force Majeure Event”). In the event of any such delay or failure, Rario will use reasonable efforts to promptly notify you of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We will resume the performance of our obligations as soon as reasonably practicable after the removal of the cause.


INJUNCTION. You agree that any material breach of the Terms will result in irreparable harm to the Platform for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Rario will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Rario seeks such an injunction.


CYBER SECURITY. Rario confirms that the security system of website complies with the Payment Card Industry data security standards. Rario will comply with the cyber security directions dated April 28, 2022, issued by the Indian Computer Emergency Response Team (“CERT-In”) under the under the provisions of sub-section (6) of section 70B of the Indian Information Technology Act, 2000, including but not limited to designation of a point of contact, maintenance of logs and reporting of cyber incidents to CERT-In.


DATA PROTECTION OFFICER. In compliance with the applicable data protection regulations including but not limited to Personal Data Protection Act 2012, the Data Protection Officer (“DPO”) is Mr. Sameer Deval and the DPO can be reached at dpo@rario.com. Further details in this regard may be found in the Privacy Policy.  


CUSTOMER CARE. We make all best endeavours to provide you with a pleasant experience. In the unlikely event that you face any issues, please contact us at care@rario.com.  



OUR ADDRESS

DIGITAL COLLECTIBLES PTE. LTD.

68 CIRCULAR ROAD, #02-01

SINGAPORE 049422



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