Terms of Service
Elite Apes Whisky³ World (EAWW) is a registered trademark of Elite Apes Whisky³ World.
Elite Apes Whisky³ World is a company registered in Singapore.
We reserve the right to amend these Terms and Conditions from time to time without notice and at our sole discretion. As such, it is your responsibility to review these stated Terms and Conditions at regular intervals.
We reserve the right to amend, modify, discontinue, or suspend all or part of this site and may restrict your access to all or part of 'the site' at any time without notice or liability.
AGREEMENT TO ARBITRATE
In the event of a dispute between you and us arising under or relating to the EAWW eliteapeswhiskyworld.io website or the EAWW business, you hereby acknowledge and agree that by using eliteapeswhiskyworld.io website, you are irrevocably agreeing to resolve any such dispute or claim through binding arbitration, as described below, instead of bringing an action in court. This means that neither party shall have the right to litigate such a dispute or claim in court or to have a jury trial.
Parties to the Sale
All Non-Fungible Tokens (NFTs) are created by the those people registered on our whitelist or Elite Apes Whisky³ World creates the NFTs on behalf of and alongside the brand.
Elite Apes Whisky³ World IS A PLATFORM. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. ELITE APES WHISKY³ WORLD FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER IN THE AUCTION/SALE BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF CRYPTO ASSETS OR BETWEEN ANY USERS.
Unless otherwise indicated in writing by us, the Service and all content and other materials contained therein, including, without limitation, the Elite Apes Whisky³ World logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Elite Apes Whisky³ World or our affiliates, licensors or users, as applicable.
Notwithstanding anything to the contrary in these Terms, the Service and Content may include software components provided by Elite Apes Whisky³ World 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 Elite Apes Whisky³ World logo and any Elite Apes Whisky³ World product or service names, logos or slogans that may appear on the Service or Service are trademarks of Elite Apes Whisky³ World 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 “Elite Apes Whisky³ World” or any other name, trademark or product or service name of Elite Apes Whisky³ World or our affiliates without our prior written permission. In addition, the look and feel of the Service and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Elite Apes Whisky³ World 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 Elite Apes Whisky³ World names or logos mentioned on the Service 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 Elite Apes Whisky³ World.
Each NFT does not represent ownership in the actual physical asset it corresponds to. Each NFT is an independent work of art purchased directly from the brand. The owner of each NFT has the ability to apply for an exchange/redemption of the digital to the physical. Each redemption will only be processed if the redeemer is in full compliance of their local jurisdiction drinking age. Each redeemer is also responsible for importation and customs laws. The redemption will only be satisfied if importation of liquor is allowed in that region. All redemptions are final and may not be reversed.
If the product cannot be redeemed, the NFT will remain in the custody of the attempted redeemer. If there is a mandatory redemption date set and the redeemer does not respond to Elite Apes Whisky³ World, Elite Apes Whisky³ World reserves the right to burn the NFT and reissue the token via an auction. Before doing so, Elite Apes Whisky³ World will reach out via email and post on social channels. Elite Apes Whisky³ World may only take these actions after a minimum of 6 months with no response from the NFT owner.
TAKING BACK THE NFT
In addition, Elite Apes Whisky³ World retains the ability to take back the NFT. This is merely a security measure and can only be done in 2 scenarios. 1) The NFT owner violates Elite Apes Whisky³ World’s terms and conditions. 2) As a security measure for a consumer who loses access to their digital wallet.
YOU MUST BE OF LEGAL DRINKING AGE IN ORDER TO REDEEM THE PHYSICAL ITEM FROM ELITE APES WHISKY³ WORLD. WE TAKE BEVERAGE ALCOHOL LAWS SERIOUSLY, AND IF YOU ATTEMPT TO PURCHASE OR RECEIVE BEVERAGE ALCOHOL BY PLACING AN ORDER ON ELITE APES WHISKY³ WORLD.COM, WE WILL ASSIST LAW ENFORCEMENT IN PROSECUTING YOU TO THE FULLEST EXTENT OF THE LAW.
THE SALE OF ALCOHOLIC BEVERAGES
Elite Apes Whisky³ World does not sell alcohol to persons under the legal drinking age. By applying for redemption, you swear and affirm and represent to us that you are over the legal age required to buy alcoholic beverages and products and YOU ARE PURCHASING SOLELY FOR SELF CONSUMPTION YOU ALSO AFFIRM THAT THE STATE/COUNTRY IN WHICH YOU ARE ORDERING AND THE STATE/COUNTRY TO WHICH YOU ARE ASKING US TO DELIVER PERMIT THE SALE AND DELIVERY.
We will rely upon the foregoing representations, and if we are held liable in the event that your representations are not true, and in such case, you hereby agree to indemnify us and/or reimburse us and the retailer(s) that sold the alcohol products and be responsible for all costs, expenses (including legal fees) and damages we and the retailer(s) suffer or incur.
No contractual or other obligation to sell and ship the asset(s) redeemed via the Elite Apes Whisky³ World.com platform attaches or is final or binding on us unless and until a compliance is ensured and ships the order to you (or the intended recipient, even if your credit or debit card is authorized or actually charged at the time of order placement or thereafter; in the event of that situation, the customer’s credit or debit card shall be credited back in full. Similarly, in that situation, you will not be responsible for the payment, nor will Elite Apes Whisky³ World be responsible for providing any further compensation to you or any other party (other than the credit for the amount charged to your customer’s card).
By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages is of legal drinking age. You also agree that you are not permitted to resell alcohol purchased. If you cannot make these affirmations and representations or you do not agree with all of these conditions of use, you are not to use this site.
By using the site, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, and all the terms, conditions, disclaimers and limitations that appear or are made available to you on our site (for example, in connection with special offers or promotions), as they may be amended from time to time, we may refer to herein collectively as your “Agreement” with us.
TITLE AND OWNERSHIP
Title to, and ownership of, all NFTs passes from the supplier to the purchaser. If redeemed, it is Elite Apes Whisky³ World’s sole responsibility to ship and/or arrange for shipping of the physical asset. By arranging for transportation or shipping of any alcoholic beverage under your instructions, we are providing a service to, and acting on behalf of you, or the purchaser if another party. By having us arrange the shipping on your behalf, you are also representing that you are acting in a fashion compliant with the laws and regulations of your State, municipality and any other State that apply to you and the purchase, shipping, transportation and delivery of alcoholic beverages, including spirits. IF YOU DO NOT WISH TO MAKE THE REPRESENTATIONS AND WARRANTIES IN THIS PARAGRAPH, DO NOT redeem. You affirm and represent that you have obtained any and all required permission or consent, paid any required fees, and are working through properly licensed intermediaries where required, and you, or the purchaser or other intended or actual recipient, is legally entitled to receive and take possession of alcoholic beverages, is legally entitled to the quantities ordered and delivered and is 21 years of age or older.
CHOICE OF LAW; ARBITRATION; AND CLASS ACTION WAIVER.
The internal laws of Singapore, without regard to any otherwise applicable choice of laws principles, shall govern any action related to these Terms of Service, the use of the Elite Apes Whisky³ World.com site or the Elite Apes Whisky³ World business.
YOU ACKNOWLEDGE AND AGREE THAT DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION.
CLASS ACTION WAIVER
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS THAT NEITHER YOU NOR ELITE APES WHISKY³ WORLD MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER INDIVIDUALS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
ACCEPTANCE OF AND CHANGES TO TERMS OF SERVICE
By using our site and services, you signify your acceptance of the Agreement, including, without limitation, all the terms and conditions in these Terms of Service. If you do not agree completely with any terms, conditions, disclaimers, limitations or other provisions in your Agreement with us, your only remedy is to discontinue use of our site. We reserve the right to modify our Agreement with you, including, without limitation, these Terms of Service at any time. Your continued use of any portion of our site following the effective date contained in the notification or the posting of such changes on our site if no other effective date is specified, will constitute your acceptance of those changes and agreement to comply with all the then current terms and conditions of the Agreement.
If you have questions or concerns about our specific terms, please send an e-mail to firstname.lastname@example.org
You agree not to do any of the following while using Elite Apes Whisky³ World.com.
Intentionally or knowingly violate any applicable law or regulation or agreement to which you are bound – including this Agreement – nor the rights of any other party;
Purchase only for the following reasons: (i) personal drinking consumption or (ii) gifting to someone (of legal age)
Misrepresent or try to deceive us as to your identity or the identity of anyone else, use buying agents or conduct fraudulent activities;
Exceed authorized access, tamper with, or misuse any areas of Elite Apes Whisky³ World.com or Elite Apes Whisky³ World.com's computer systems, resources, programming, code or communications capabilities, nor any features or functions of our sites. Anyone who does so or attempts to do so may be subject to prosecution.
Frame or link to eliteapeswhiskyworld.io or any of our other sites, unless permitted in writing by Elite Apes Whisky³ World.
THIRD PARTY CONTENT AND MONITORING
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on our Web site by any third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not ours. We neither endorse nor are responsible for these, in any way, including, without limitation, the accuracy or reliability of any opinion, advice, information or statement made by anyone other than our employee who is authorized by us and is acting in her or his official capacity.
PARENTAL CONTROL PROTECTIONS
As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to information and content that may be objectionable or harmful to minors as specified by law. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch and GuardOne. We do not sponsor, recommend or endorse or have any commercial arrangement or control any of these companies or their services.
Our site may contain links to other websites and/or resources. You acknowledge and agree that we are not responsible or liable for their (1) availability or accuracy; or (2) content, advertising or products on or made available. The inclusion of any link on our site does not imply that we endorse, verify, have reviewed or monitor the link or the site reached through the link.
All text, graphics, logos, icons, images, audio clips, video clips and software on the site ("Content") are copyrighted materials owned by or licensed to us. Content may contain trademarks, service marks and trade names which are owned by us and may also contain brand and product names which are trademarks, service marks or trade names which are owned us or by third parties and the term “Content” will be used and mean to include these as well. Unless authorized in writing by an officer of Elite Apes Whisky³ World, you may not use any Content without our prior written consent and even if we consent, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us or the copyright owner. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder if not us. You may not use the Content on any other Web site or medium. You may not use the Content in a networked computer environment for any purpose other than to transact with our site as authorized by us. If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made and we may end your authorization to use our site. Nothing shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights to you and we expressly reserved all such rights.
"Communication" means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to your use of the site, including but not limited to information that we are required by law to provide to you in writing. We will give you any necessary Communications by posting them on our site. You authorize us to send any Communications and all changes to such Communications electronically. You must provide at your own expense an Internet connected device that is compatible with the minimum requirements outlined below. You also confirm that your device will meet these specifications and requirements and will permit you to access and retain the Communications electronically each time you access and use the applicable services.
You can also contact us in any of the ways described in the paragraph entitled "Paper Delivery of Disclosures and Notices" to withdraw your consent to receive any future Communications electronically, including if the system requirements described above change and you no longer possess the required system. If you withdraw your consent, we will terminate your use of the site and the services provided through the site.
Termination / Changes
We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
DISCLAIMER OF WARRANTIES
Although we endeavor to provide current, accurate and reliable information on our site, we cannot and do not warrant, promise, guarantee or make any representations regarding the accuracy, security, reliability or any use of the functions, features, operations, Content or information. We cannot and do not warrant your use of our site, or the operation or function of the our site, any component, feature, function, capability or offer or any products, software or services, will be uninterrupted or error free, or that defects or malfunctions will be corrected or that the site is free of viruses or other harmful elements.
Your use of our site is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with servicing and/or repair in any way connected or arising from attempted, alleged or actual use or access of our site. We make no representations about the suitability, reliability, availability, timeliness and accuracy of our site. OUR SITE AND THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
In no event shall we and/or our officers, directors, partners, owners, agents, contractors, representatives and/or the alcohol brand and/or retailers who fulfill your orders, be liable to you or anyone else for any indirect, punitive, incidental, special or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with our Web site, this Agreement, the use or performance of our Web site, the delay or inability to use our Web site, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the our Web site, or otherwise arising out of the use of our Web site, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any other party may have been advised of the possibility of damages.
If you are dissatisfied with any portion of our Web site, or with any part of this Agreement or your transactions with us, your sole and exclusive remedy is to discontinue using our Web site. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement.
You agree to defend, indemnify, and hold Elite Apes Whisky³ World, its affiliates, employees, officers, directors and agents and alcohol brand owners and licensed retailers which fulfill orders (“Elite Apes Whisky³ World Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Elite Apes Whisky³ World Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) any content you post or upload on the site; (ii) your use of the site and your activities in connection with the site; (iii) your breach or alleged breach of these Terms of Service or the representations or warranties that you have made in these Terms of Service; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or regulatory authorities in connection with your use of the site or your activities in connection with the site; (v) information or material transmitted through your device used to access the site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Elite Apes Whisky³ World Parties’ use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Elite Apes Whisky³ World Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Elite Apes Whisky³ World Parties retain the exclusive right to settle, compromise and pay any and all Claims and Losses. Elite Apes Whisky³ World Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Elite Apes Whisky³ World Party.