Terms of Service

Blockchain: the decentralized and distributed public network that QUACK uses in each case for the proper provision of the Service.  


Platform: RichQUACK.com, launchpad.QUACK.finance and equivalent mobile application through which the User accesses the Services.  


Service/Services: sale of platform tokens, provide information of blockchain projects and enable social interaction.  


Wallet: set of cryptographic elements that allow the custody of the balance of Cryptoassets deposited in it by a single User.


Cryptoassets: digital assets issued through computer protocols and not backed by an entity or Central Bank. For the purposes of these Terms and Conditions, the following digital assets shall be considered Cryptoassets: QUACK tokens.


User: natural person registered on the Platform who accesses the Services.


1. INTRODUCTION


Welcome to the QUACK web and mobile application (the "Platform", or "we" or "us" collectively). Below, we will detail the license agreement that governs the terms on which you, as a User, may use the Platform and the Services offered therein:


This document (together with all documents referred to herein) sets forth the terms and conditions governing your use of this Platform RichQUACK.com and your use of the Service provided through this Platform ("Terms and Conditions").


Please read these Terms and Conditions and our Privacy and Cookie Policy carefully before using the Platform.


By using the service provided on this Platform the User agrees to be bound by the Terms and Conditions, as well as by our Privacy and Cookie Policy, so if the User does not agree with all the provisions of the Terms and Conditions and the Privacy and Cookie Policy, he/she should not use this Platform.


If the User has any questions regarding the terms and conditions or the Privacy and Cookies Policy, he/she can contact us through our contact channels.


2. LEGAL INFORMATION


In compliance with the duty of information contained in Article 10 of Law 34/2002, of July 11, of Services of the Information Society and Electronic Commerce, the following data of the owner are reflected below:


- Name: RichQUACK.com


3. USERS AND CONSENT


The use of the Platform attributes the condition of User, who accepts, from the access, download and / or use of the same, the Terms and Conditions reflected here.


To make use of the Services offered on the Platform, the User must be over 18 years of age.


In the eQUACK that a minor under 18 years of age accesses the Platform, the parent or guardian of the minor shall be responsible for such access and use.


Likewise, the User declares that the use of this Platform is done on a personal basis, without performing any type of professional service.


The Platform will allow the User to access the Services specified in these Terms and Conditions.


Before making use of the Services, the User must take into account that the risk of loss in the purchase and sale or holding of Cryptoassets may be considerable. As with any asset, the value of Cryptoassets can vary considerably and there is a substantial risk of losing money buying, selling, holding or investing in Cryptoassets. Therefore, by using the Platform, the User acknowledges and accepts the risks involved in buying and holding Cryptoassets.


Likewise, by using the Platform the User accepts that QUACK does not provide any kind of investment advice in relation to the Cryptoassets that can be purchased through the Platform, but will only provide information on projects in which it is involved, which in no case shall constitute financial or investment advice and shall not be construed by the User as such. Any decision to purchase


Cryptoassets is the sole decision of the User, and QUACK shall in no eQUACK be liable for any loss suffered as a result of such decision.Cryptoasset services are not currently regulated by the financial authorities nor do they fall under the umbrella of protection that may be offered by financial services clearing schemes in Spain, therefore, the User should carefully consider whether trading or holding Cryptoassets is appropriate.


4. USE OF THE PLATFORM


QUACK offers through the Platform the Services specified in these Terms and Conditions, which consist of (i) information about projects based on Blockchain technology; (ii) the possibility of acquiring QUACK tokens through the Platform; (iii) access to certain projects based on Blockchain technology by virtue of the points obtained by the User as a result of the maintenance of QUACK tokens; (iv) the User can interact with projects by upvoting and commenting and can interact with others Users within specific project related forums/chats .


The User assumes responsibility for the use of the Platform. This responsibility extends to the registration required to access the Services. In such registration the User shall be responsible for providing truthful and lawful information.


In the eQUACK of obtaining QUACK Tokens, the User will be required to provide the personal data necessary for his or her effective identification, as well as the corresponding supporting documentation, in order to prevent any potential money laundering and terrorist financing behaviour and to be able to adopt appropriate due diligence measures. The User irrevocably undertakes to guarantee that the information provided is truthful. In the same way, the User must complete the responsible declarations that may be requested in each case.


QUACK reserves the right to request that the information be updated if it becomes aware that it has undergone any modification. Similarly, QUACK reserves the right to make the appropriate checks in order to confirm the legal origin of the contributions of funds that are made. If it becomes aware of irregularities in the registration process and in the subsequent use of the Platform by the User, QUACK will proceed to take action for the purpose of preventing any conduct to prevent money laundering and terrorist financing.


In the registration process, the User will be provided with a password, for which he/she will be responsible, committing to use it diligently and confidentially.


In the eQUACK of unauthorized access to the User's account, the User agrees to immediately notify QUACK through the means of contact made available to the User and indicated in these Terms and Conditions ([email protected]).


The User undertakes to make appropriate use of the content and services that QUACK offers through the Platform and, by way of example but not limited to, not to use them for (i) engaging in illicit or illegal activities or those contrary to good faith and public order; (ii) disseminating content or propaganda of a racist, xenophobic, pornographic-illegal nature, in support of terrorism or against human rights; (iii) cause damage to the physical and logical systems of QUACK, its suppliers or third parties, introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage; (iv) attempt to access and, where appropriate, use the email accounts of other Users and modify or manipulate their messages.


5. DISCLAIMER OF WARRANTIES AND LIABILITY


QUACK reserves the right to interrupt access to the Services at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other justified cause. Consequently, QUACK does not guarantee the reliability, availability or permanent continuity of the Platform or the Services, so that the use of the same by Users is carried out at their own risk, without, at any time, QUACK can be held liable in this regard.


Furthermore, QUACK assumes no liability whatsoever arising from, including but not limited to:


The use that Users make of the materials available on the Platform, whether prohibited or permitted, in violation of intellectual property rights and / or industrial content of the website itself or third party portals.


For possible damages to Users caused by a normal or abnormal operation of the search tools, the organization or location of the contents and/or access to the Services and, in general, of the errors or problems generated in the development or instrumentation of the technical elements that form the Service.


Of the contents of those pages to which the Users can access from links included in the Platform.


The acts or omissions of third parties, regardless of whether these third parties may be contractually bound to QUACK.


Similarly, QUACK excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alterations in computer systems, as well as in the documents or systems stored therein, so that QUACK shall not be liable in any case when they occur:


Errors or delays in accessing the Services by the User when entering his/her data in the corresponding form or any anomaly that may arise when these incidents are due to problems in the Internet network, acts of God or force majeure and any other unforeseeable contingency beyond the good faith of QUACK.


Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that there is no guarantee that the Platform Services are constantly operational.


Errors or damages caused to the website or the application due to inefficient and bad faith use of the Service by the User.


Non-operability or problems with the email address provided by the User to send the requested information, or with the mobile telephone networks.


In any case, QUACK undertakes to solve any problems that may arise and to offer all the necessary support to the User to reach a quick and satisfactory solution to the incident.


6. PURCHASE AND SALE OF QUACK TOKENS THROUGH THE APPLICATION


The availability of certain services (access and participation in blockchain projects proposed by QUACK) will depend on the points the User has which will depend on the following objectives:


1. How many QUACK tokens the user is staking


2. How long the user has been actively staking QUACK


3. How many QUACK tokens are staked on the network in total


4. The inflation rate


5. Other factors

The User will be informed in any case of the number of points required to access such projects.


The earning of points through the maintenance of QUACK tokens in the User's Wallet will be carried In order to purchase QUACK Tokens through the Platform, the User must register as a User, providing the personal data requested (which will be treated as established in the Privacy Policy) and must provide the public key of his Wallet.


QUACK tokens may be purchased in exchange for MATIC cryptocurrency.


Any transaction shall be subject to the User reading and accepting the Terms and Conditions of the Platform.


In the eQUACK that, due to certain circumstances, QUACK is unable to complete the orders placed, the User will be notified by means of the notification service.


Transactions are subject to the exchange rate as displayed on the Platform, that is the USDC MATIC or ADA cryptocurrency equivalency of the value of QUACK Tokens, and which represents the purchase price that is updated on an ongoing basis. However, QUACK cannot guarantee the purchase of QUACK Tokens at any particular price or at any exact time.


When the User makes a purchase of QUACK Tokens through the Platform, a popup with the confirmation and the link to BSCscan will appear.


The User should verify that the details in the confirmation email are correct as soon as possible.


By clicking on "Confirm transaction" the User authorizes to start the transaction. Cancellations are not allowed.


On the other hand, QUACK does not own or control the underlying software protocols that govern the operation of the Blockchain linked to the QUACK tokens supported by the Platform. For the most part such protocols are open source or open source and may be used, copied, modified and distributed by any third party. Accordingly, QUACK assumes no responsibility for the operation of such protocols nor does it guarantee their functionality, security or availability.


7. USER PROHIBITIONS


Without the list being exhaustive, the User undertakes to refrain from performing the following actions, either directly or through a third party:


- Use the Platform, the Services or any of its contents in a manner or for purposes that QUACK considers different or contrary to these Terms and Conditions, laws, morals, good customs or public order.


- Use the Platform to send, reproduce or publish files or any type of information whose content is obscene, abusive, defamatory, libelous, slanderous, pornographic, political or contrary to law, morals and good customs, or that contains malicious software such as viruses, worms or that contains any other feature capable of destroying or damaging the operation of an electronic device, the Platform, or QUACK systems or servers, or a third party.


- Use the Platform to send, reproduce or publish files in violation of intellectual property rights of third parties.


- Exploit or exploit an attack on the Platform, or a vulnerability or bug in the Platform, for your own or a third party's benefit.


- Use the Platform on behalf of or for the account of any third party or permit any person other than the User (including, without limitation, through assignment, license or transfer) to use your account and the Services associated with your account.


- Use automatic or manual programs, software or devices to monitor or copy the information or any type of content or element of the Platform.


- Linking the Platform or the Services in any way to unsolicited promotions, political campaigns or commercial messages (SPAM) or any chain letters or messages with untruthful content for personal or third party gain.


- Perform actions that restrict, deny or prevent third parties, access and use of the Platform, as well as the content and services offered through it.


- Attempt to violate any authentication and security systems of the Platform.


- Attempt to obtain any kind of material or content accessible through the Platform using procedures or means other than those that, as the case may be, have been expressly indicated or made available to the User.


- Include frames, links, deep links, or links to the Platform, either from other websites or from any software or electronic device.


- Take any action that imposes a disproportionate or unreasonable burden on the Platform's technological infrastructure.


- Use meta tags or any other type of hidden text with the name "QUACK", or any other name or trade name and/or intellectual property rights that belong to or are owned by QUACK.


QUACK reserves the right to deny or withdraw access to the Platform and/or the services offered therein without prior notice to those Users who perform any of the actions indicated in this section.


8. ACCOUNT TERMINATION AND CLOSURE REQUEST


The User may request the cancellation of his/her user account through the Platform, or via email to [email protected] only from the email address with which he/she registered.


The contractual relationship shall not be considered terminated until QUACK has cancelled the account, terminated the User from the Platform and notified the User of the termination.


The document number and e-mail address associated with the User will remain blocked, so that no other person will be able to create a new user account using them.


Transaction information will not be deleted. Regarding the period of conservation of the User's personal data, they are permanently available in the Privacy Policy.


9. SECURITY. PASSWORD RECOVERY


In line with the provisions of these Terms and Conditions, QUACK assumes that any movements made in a User's account have been made by the User, and therefore the User acknowledges and agrees to be solely responsible for the use made of his or her account and for the direct and indirect consequences and damages arising therefrom.  


In the eQUACK that the User detects that his/her account has been attacked or that a third party has made transactions through the account, he/she must notify QUACK as soon as possible in order to proceed to block the account by sending an email to the following address: [email protected]


In case the User forgets or loses his/her password, he/she can recover it by the means available through the Platform, or contact QUACK by sending an email to the following address: [email protected]


10. RIGHT OF WITHDRAWAL


Pursuant to Article 103 of Law 3/2014 of 27 March, the transactions contained in the present terms and conditions are excluded from the right of withdrawal.


11. MODIFICATIONS TO THE TERMS


QUACK may modify at any time the conditions set forth herein, being duly published on the Platform and/or, at the sole discretion of QUACK.


The User's use of the Platform and the modification of these Terms and Conditions shall constitute the User's full acceptance of these Terms and Conditions; if the User does not agree to the new terms, the User shall cease using the Platform.


12. INTELLECTUAL PROPERTY


All content on the Platform, including without limitation the design of its screens, promotional materials, trademarks, trade names, trade dress, text, graphics, logos, images, icons, buttons, videos, sounds, music, databases, source code, software and color schemes (hereinafter, the "Content"), is owned by QUACK or its licensors.


The Content may not be reproduced, modified, transformed, edited, translated, transferred, distributed, represented, marketed, publicly communicated, stored, used for purposes other than those provided for in these Terms, or be the subject of derivative works, without prior written permission of the rights holder.


Your access to the Platform does not grant you any license, right or title to any intellectual property rights in all or any portion of the Content. Users are granted only a non-exclusive, revocable, limited license to access and use the Platform in accordance with these Terms and Conditions.


If the User considers that the Platform or the Content violates any intellectual property rights of third parties, he/she must notify QUACK at the address indicated in these Terms and Conditions, attaching all the necessary information and documentation to support the aforementioned consideration.


13. DATA PROCESSING AND USE OF COOKIES


In accordance with the provisions of the General Regulation on Personal Data Protection and other applicable regulations on the subject, we inform you that the personal data provided by the User through the Platform or by sending emails, will be processed by QUACK as data controller in order to carry out the registration of Users, carry out the transactions requested, address the doubts of the Users, as well as receive periodic notifications through electronic means. Users can find more information about the processing of their data in the privacy policy, which must be read and understood in order to use the Services.


QUACK is committed to the fulfillment of the obligation of secrecy of personal data, therefore it has adopted the necessary measures to avoid its alteration, loss, treatment or unauthorized access, taking into account at all times the state of technology.


On the other hand, QUACK informs that by accessing its Platform there is certain information of a non-personal nature and not identifiable with a specific user that is collected during the live session through devices called "cookies" that allow us to obtain statistical information on the use of the Platform to then be able to make improvements. All Users must accept, reject or configure cookies to navigate the Platform through the pop-up banner when entering the Platform. For more information, please see our cookie policy.


14. PRIVACY AND BLOCKCHAIN


Cryptoasset investments can be recorded on a Blockchain or public blockchain. Public Blockchains operate like ledgers, intended to immutably record transactions on networks of computer systems. Many of these public Blockchains allow forensic analysis that can lead to de-anonymization and inadvertent disclosure of private financial information, especially when blockchain data is combined with other data.


Because blockchains are decentralized or third-party networks that are not controlled or operated by QUACK, we cannot delete, modify or alter personal data on such networks. For more information you can refer to our Privacy Policy.


15. APPLICABLE LAW AND JURISDICTION


For any interpretative or litigious issues related to the web portal or the app, Spanish law shall apply and in case of dispute, both parties agree to submit, waiving any other jurisdiction that may apply, to the jurisdiction of the Courts and Tribunals of the city of Madrid (Spain) provided that such dispute is not related to any economic transaction, which will be resolved through the jurisdiction of the Courts and Tribunals of the domicile of the consumer or by filing the appropriate claim by filling out the following electronic form: http://ec.europa.eu/consumers/odr/


‍16. LINKS


Under no circumstances shall QUACK assume any responsibility for the contents of any link belonging to an external website, nor shall it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness, validity and constitutionality of any material or information contained in any such hyperlinks or other Internet sites. Likewise, the inclusion of these external connections does not imply any type of association, merger or participation with the connected entities.


It is expressly forbidden to introduce hyperlinks for commercial purposes on websites not belonging to QUACK that allow access to the Platform without the express consent of QUACK. In any case, the existence of hyperlinks on websites outside QUACK, does not imply in any case the existence of commercial or mercantile relations with the owner of the website where the hyperlink is established, nor the acceptance by QUACK.


17. MISCELLANEOUS


In the eQUACK that one or more clauses of these Terms and Conditions are declared null and void by any competent authority or judicial body, such nullity shall not affect the validity of the remaining clauses, which shall remain in full force and effect.


18. ASSIGNMENT


QUACK may assign its contractual position, this contract, and/or any of the rights and obligations arising from this contract to any of the companies of the QUACK Group or to a third party.


The User may not assign its contractual position, this contract, or any of the rights or obligations arising from it to any third party, unless QUACK grants its written consent for such purpose.


19. CONSENT TO ELECTRONIC NOTIFICATIONS


The User expressly consents to be notified or informed by electronic means of any information related to his or her User status, account and use of the Platform.


20. CONTACT & CUSTOMER SERVICE


QUACK has a Customer Service Department, from Monday to Friday from 10 am to 6 pm, by sending an e-mail to the following address: [email protected]




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