Planet-X Terms of Use

Please read these Terms of Use (“terms”) carefully. These terms tell you who we are and govern how you use the Planet-X mobile apps and website. 

Planet-X Terms of Use updated as at 25 October 2022

Promoter and Hunts

1. We are Play Planet-X Limited (“Planet-X”, “Promoter”, “our(s)”, “we” or “us”) a company registered in England and Wales under Company number 12524351. Our registered address is 6th Floor, 14 Berkeley Street, London, W1J 8DX.

2. We operate skills-based prize competitions known as “Hunts” via our mobile apps which allows players to compete for real life prizes. 

Terms

1. By using our mobile apps, our website and/or participating in a Hunt, you agree to these terms. If you do not agree to these terms, do not use our mobile apps or our website. These terms may change from time to time and the latest version of them will govern your use of the mobile apps and website from the time of any change. It is your responsibility to check the terms of use in force at the time that you use the mobile apps and our website.

2. By using our mobile apps, our website and/or participating in a Hunt, you confirm that you are not breaching any laws in your country of residence regarding the legality of entering our Hunts. The Promoter will not be held responsible for any entrant entering any of our Hunts unlawfully. If in any doubt you should immediately leave the mobile apps or our website and check with the relevant authorities in your country.

3. Apple®, Apple Play®, iTunes®, iPhone®, iPad® and iPod Touch® are registered trademarks of Apple, Inc. (“Apple”). Facebook® and Instagram® are registered trademarks of Facebook, Inc. (“Facebook”). Android®, Google Play® and Google Wallet® are registered trademarks of Google, Inc. (“Google”). PayPal® is a registered trademark of PayPal, Inc. (“PayPal”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that the Company is not in any way affiliated with Apple, Facebook, Google, PayPal or Twitter, and the Planet-X competitions and giveaways are not endorsed, administered or sponsored by any of the foregoing entities.

How to enter a Hunt 

1. Hunts are open to all persons (“entrant”, “you”, “your(s)” and “player”) aged 18 and over (or the age of majority in your country of residence) excluding the Promoter's employees or members of their immediate family, agents or any other person who is connected with the creation or administration of our Hunts. 

2. Hunts may be entered online via the mobile apps.  Availability of Hunts is at the discretion of the Promoter and will be specified at the point of sale.

3. In order to enter a Hunt, you will need to register an account with us. To register an account, you will be asked to provide an email address or sign in via a social media account, such as Facebook, Apple, Twitter or Google. Players can only have one account and abuse of this limit will not be tolerated. If the Promoter has reasonable grounds to believe that an individual is exceeding this limit, for example by entering a Hunt using multiple accounts, it reserves the right at its sole discretion to terminate all the user’s accounts and void any prize won.

4. One or more Hunts may be operated at the same time and each Hunt will have specific prizes. There are two categories of Hunts: 

1. Public Hunts: Hunts are available to all players as specified on the Hunt promotion page. 

2. Private Hunts: Entries are limited to players who are invited by the Hunt organiser to participate with access by way of an invite code. 

5. Each Hunt will run for a specified period. Please see each Hunt for details of start and closing times and dates.

6. The Promoter shall use all reasonable endeavours to ensure that the software(s) used to operate its Hunts perform correctly and accurately across the latest versions of popular tablet and mobile apps.

7. The Promoter may in its sole discretion extend, hold void, suspend, cancel, terminate, modify or suspend a Hunt, or invalidate any affected entries where it becomes necessary to do so.

Winners

1. How to win a Hunt: When a Hunt starts, players have to find the hidden treasure chests before other players. The position of the treasure chests is hidden by computer AI with the database saving the exact coordinates to mathematically calculate when a player finds a treasure chest with pinpoint accuracy. A player wins when they are the first to find a treasure chest before the closing date of the Hunt.

2. The Promoter will attempt to contact winner(s) using the email address provided with their account (or as subsequently updated) and held securely in our database. It is the entrant's sole responsibility to check and update these details. If for any reason they are taken down incorrectly, the Promoter will not be held responsible. Entrants must carefully check their contact details have been recorded correctly.

3. If for any reason the Promoter is unable to contact a winning entrant within 10 days (which may be extended at the sole discretion of the Promoter) of the end of a Hunt or the winner fails to confirm acceptance of the prize or the winner is disqualified as a result of contravening any of these terms, the winner will forfeit the prize.

4. If a prize has the value of over $5,000, the winner will be required to send a copy of their passport to the Promoter to confirm their identity and age before any prize will be paid or delivered. Any failure to meet these obligations may result in the winner being disqualified.

5. Following receipt and verification of the details requested above by the Promoter, the winners will be contacted in order to make arrangements for delivery of the prize if the Promoter deems necessary.

6. The Promoter shall use all reasonable endeavours to award the prize for a Hunt to the correct entrant. If due to reasons of hardware, software or other computer related failure, or due to human error the prize is awarded incorrectly, the Promoter reserves the right to reclaim the Hunt prize and award it to the correct entrant, at its sole discretion and without admission of liability.

7. For the avoidance of doubt, only the players recorded in our systems, howsoever displayed or calculated, shall be entered into the relevant Hunt and the Promoter shall not be held liable for any Hunt entries that occur as a result of malfunctioning software or other event.

8. The Promoter is required to either publish or make available information that indicates that a valid award took place. To comply with this obligation the Promoter will publish the surname, county and country of major prize winners and, if applicable, their winning entries through our mobile apps and will send these details to anyone who emails contact@playplanetx.com within one month after the closing date of the Hunt.

9. The Promoter would like to feature photos and videos of the winner in its marketing and public relations in connection with the Hunt and to invite winners to appear at publicity events (without any additional compensation save for reasonable travel expenses). If you object to any or all of this, please contact the Promoter contact@playplanetx.com. In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority (or other relevant authority) on request.

Hunt Prizes and delivery

1. Hunts are comprised of many different prizes. During any Hunt if due to circumstances beyond the Promoter’s control, the Promoter is unable to provide the stated prize, the Promoter reserves the right to award X-tokens with equal or greater value, so the winner can select a replacement prize via the in-app store (X-Vault) on our mobile apps.

2. In the UK the prizes will be delivered with UK VAT paid. In the EU the Prizes will be delivered with UK VAT paid but any further costs (additional VAT/taxes/import duties/registration costs due in the destination/country of final registration) will be the responsibility of the Winner.

3. In all other countries, prizes will be shipped (net of all taxes) to the nearest port and any applicable import duties, registration costs, or any further taxes or duties of any nature due in the destination country will be the responsibility of the winner. The Promoter reserves the right not to deliver to certain countries.

4. For the avoidance of doubt, the maximum value that the Promoter will be liable to pay for or towards any prize is the UK RRP (or local currency equivalent) of the prize as advertised via the mobile apps or website. PLANET-X will only transact with manufacturer recommended principal suppliers.

5. The Refer a Friend scheme is operated in good faith to reward customers with X-tokens for referring genuine friends and acquaintances as new customers to the Promoter. X-tokens earned are subject to the Terms of the Refer a Friend scheme which is outlined in the mobile apps.

Limits of Liability

1. The Promoter shall accept no responsibility for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or unauthorised human act, including any errors or mistakes.

2. The Promoter shall not be liable for any economic or other consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due. 

3. The Promoter makes no representations or warranties as to the quality/suitability of any of the goods or services offered as prizes. The Promoter shall not be liable for any loss suffered or sustained to person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods by any person to the prize winner(s) and, where applicable, to any family/persons accompanying the winner(s), or in connection with any of the Hunts promoted by the Promoter.

4. Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.

7. Data Protection Notice

The Promoter will only process your personal information as set out in the Privacy Policy [LINK TO PRIVACY POLICY]. See also paragraph 4.8 and 4.9 with regard to the announcement of winners.

Restrictions

1. You agree that you will:

1. not rent, lease, sub-license, loan, provide, or otherwise make available, the mobile apps, website or Hunts in any form, in whole or in part to any person without prior written consent from us;

2. not copy the mobile apps, website or Hunts, except as part of the normal use of the mobile apps, website or Hunts or where it is necessary for the purpose of back-up or operational security;

3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the mobile apps, website or Hunts nor permit the mobile apps, website or Hunts or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the mobile apps or Hunts on devices as permitted in these terms;

4. not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our mobile apps or website;

5. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the mobile apps, website or Hunts nor attempt to do any such things, except to the extent that (by virtue of law) such actions cannot be prohibited because they are necessary to decompile the mobile apps to obtain the information necessary to create an independent program that can be operated with the app or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:

1. is not disclosed or communicated without the licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
2. is not used to create any software that is substantially similar in its expression to the mobile apps, website or Hunts;
3. is kept secure; and
4. is used only for the Permitted Objective;

6. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the mobile apps or Hunts.

Acceptable use restrictions

1. You must:

1. not use the mobile apps, website or Hunts in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the mobile apps, website or Hunts or any operating system;

2. not infringe our intellectual property rights or those of any third party in relation to your use of the mobile apps, website or Hunts, including by the submission of any material (to the extent that such use is not licensed by these terms);

3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the mobile apps, website or Hunts;

4. not use the mobile apps, website or Hunts in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

5. not collect or harvest any information or data from the mobile apps, website or Hunts or our systems or attempt to decipher any transmissions to or from the servers running the mobile apps, website or Hunts.

Intellectual property rights 

1. The mobile apps,  website and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Promoter, its licensors, or other providers of such material and are protected by the United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2. The Promoter respects all intellectual property rights of others and requires all users of the mobile apps and website to do the same. If you believe any user has used any of your intellectual property on our platform that you believe constitutes infringement, please email us at contact@playplanetx.com with the following information:

1. A description of the work you can claim has been infringed, such as screenshots and the website page address associated to it.

2. A physical or electronic signature of a person authorised to act on behalf of the owner of the copyright material that you believe is infringed on our platform.

3. Your full name, address, mobile number and email address.

Planet-X NFT purchases (through our website only, not the mobile apps)

1. You may browse and purchase our NFTs made available for sale on our website (we may limit the number of NFTs you can purchase in any given drop in our sole discretion). You will make these purchases on our website by connecting your digital wallet and minting an NFT with our smart contract.  By purchasing an NFT you are buying the digital artwork asset which may come with downloadable 3D files.

2. We plan for an initial NFT sale to take place in Q4 2022 (although this may change, for many reasons), which we expect to last for only 48 hours (although times and deadlines may change, depending on many variables). In this initial drop, we will allow minting of 1000 NFTs only (and we may limit how many each wallet can hold at various times). The initial sale will be made available only to certain parties in our discretion. Any NFTs not minted during this initial offering are expected to be made available to the general public soon after the initial launch. The terms of that public sale will be determined in our discretion.

Wallet; Exchange and Sale of Crypto Assets (through our website only, not the mobile apps)

1. The website may allow you to create or connect a digital wallet holding digital assets to your account. You understand that we do not hold your assets and take no custody of them. We have no access to your assets or funds.

2. The website may also allow you to post digital assets, such as tokens, for sale, and to trade digital assets with others. Our services include the posting of such assets at your request and making them available for trading/selling (as well as providing any other services you request from us when you post them to the website). It is your responsibility to ensure that you maintain control of your digital assets on the website and for trading them or selling them to others.

3. We are not responsible for the keys to any digital assets or your seed phrase, or their loss or disclosure to others. Planet-X does not maintain your keys or your seed phrase and is not responsible for their safe keeping. It is your responsibility at all times to ensure you have such credentials and maintain them securely. Any losses you suffer as a result of loss of control of, disclosure or unauthorised use of your digital keys is your responsibility and you hereby indemnify us and hold us harmless against any claims or losses arising from your loss of the digital keys to your wallet or their use by third parties. If, once we post the digital assets to the website, the assets are somehow transferred to a third party you didn’t intend to have them, it is your responsibility to get them back. You hereby hold us harmless and indemnify us against any losses you or anyone else suffers as a result of your posting or trading of digital assets on the website.

4. ** PLEASE KEEP YOUR SEED PHRASE AND DIGITAL KEYS SAFE, AS Planet-X DOES NOT HAVE THEM AND DOES NOT KNOW THEM. IF YOU LOSE THE KEYS OR SEED PHRASE, YOU MAY LOSE ACCESS TO YOUR ASSETS.

5. You also understand that we do not act as your financial advisors or give you any investment advice of any kind with respect to what assets you choose to hold in your wallet or any trading thereof.

6. As with any trading activities on the website, it is your responsibility and you are solely responsible for the contents of your wallet, your purchase decisions, how and when you trade digital assets and with whom. It is also your responsibility to ensure you understand crypto assets, how they work, what their value is, and about trading and purchasing such assets, as there are significant risks in doing so, all of which you solely assume.

7. The wallet you use on the website may not connect or allow purchase, storage or trading of all virtual currencies or assets. Please see the list of supported networks on our Website for further information on what assets can be transacted at this time. This list may change from time to time. We may suspend your use of or cancel your wallet on the website for any reason, including if we believe you have engaged in or are about to engage in any kind of fraud, if required pursuant to applicable laws, or you violate these Terms.  We may provide you with notice of your suspension of access to or cancellation of your wallet, but do not undertake an obligation to do so. If the reasons for suspension/cancellation abate, we may reinstate your wallet or its use in our sole discretion.

8. We may change the functionality of the wallet or the trading platform at any time, which means some networks will no longer be supported after a time. You acknowledge that this is the case, and accept this risk.

9. Given that the wallets are non-custodial, we do not perform any activities to vet users prior to allowing them to create their wallets or trade assets. You acknowledge that this is a risk you accept when you interact with the wallet or other users of the website.

10. 12.10.Our trading platform may at times make mistakes. You accept the risk that your transactions may be improperly processed, or not processed at all. We will not be liable for any such event. You hereby hold us harmless from any such event.

11. 12.11.We offer no guarantees and shall not provide any refunds for any services you paid for the sale or trading of the assets, even if you lose such assets.

Taxes and fraud

1. Depending on your location of residence, you may owe taxes on amounts you earn after selling digital assets, including crypto currencies and NFTs. It is your responsibility to ensure you have accounted for, reported to the proper governmental authority, and paid all such taxes to the applicable governmental authority. We do not undertake any obligation to report any such taxes, nor collect or disburse them on your behalf. The taxes you owe are solely your responsibility. You hold us harmless and release us from and against any claims, losses, damages or demands arising in connection with taxes you may owe as a result of your transactions on the website.

2. If we believe that you have engaged in or been a participant in any fraudulent transaction, we reserve the right to take any action we think appropriate, including forwarding your information and information about the transactions we believe or suspect to be fraudulent to applicable law enforcement agencies, which may result in civil or criminal penalties or other actions against you.

NFT and other digital asset trading (through our website only, not the mobile apps)

1. The NFTs are meant to be a token for you to collect, and to grant you membership into the Planet- X NFT holder community. They are not meant as investment vehicles. We are not authorised or regulated by the Financial Conduct Authority and make absolutely no promise or guarantee that these NFTs will be worth anything. You understand that they have no inherent monetary value, and they should be treated as a fun and beautiful collectible.

2. You acknowledge and agree that any benefits or utilities that may be associated with owning any Planet-X NFT purchased from Planet-X are at the sole discretion of Planet-X and may be varied at any time.
3. You acknowledge and agree that digital assets are volatile and risky, and their trading is affected by many factors outside our or your control. Prices can and do fluctuate at any time and consequently you may increase or lose value in your assets at any given moment. Any digital asset or trading position may be subject to large swings in value and may even become worthless. You are solely responsible for any transactions, and for all fees that you may incur as a result of your acquisition or sales of any digital assets. Our website does not control the timing of any transaction, yet you acknowledge that the time of a transaction can affect the value of the asset or the fees associated with a transaction or both.
4. You hereby agree that you hold us harmless against any and all claims arising from the transaction of the digital assets, the timing of such transactions or any decision you make in relation to the digital assets. You further agree and acknowledge that digital asset transactions may be delayed or impacted by network disruptions or other conditions (whether controlled by us or by a third party) which are out of our control and for which we will not be held responsible.
5. Digital assets are not legal tender and are not backed by any government. Digital assets are not subject to Federal Deposit Insurance Corporation, the Securities Investor Protection Corporation protections, the Financial Services Compensation Scheme or any other kind of deposit insurance or securities investors protection regimes.
6. You agree and understand that all investment decisions are made solely by you. You agree and understand that under no circumstances will the operation of the website and your use of the of it be deemed to create a relationship that includes the provision of or tendering of investment  advice.
7. NO FINANCIAL, INVESTMENT, TAX, LEGAL, SECURITIES OR  OTHER ADVICE IS GIVEN THROUGH OR IN CONNECTION WITH OUR SERVICES.
8. No content found on the mobile apps or website, whether created by us or another user is or should be considered as financial, investment, tax, legal, securities or other advice. You should not rely on any such content to make (or refrain from making) any decisions. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other content on the mobile apps or website before making any decisions based on such information or other content.
9. You agree and understand that we accept no responsibility whatsoever for and shall, in no circumstances be liable in connection with, your decisions or your use of our website.
10. Nothing contained on the website constitutes a solicitation, recommendation, endorsement, or offer by us, our agents, employees, contractors, affiliates or any third party to buy or sell any digital assets, securities, or other financial instruments. Neither us, our agents, employees, contractors nor any of our affiliates has: (1) evaluated the merit of any digital assets available through the website; or (2) endorsed or sponsored any digital assets made available.

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What you can do with NFTs you buy on our website (not the mobile apps)

1. Once you purchase your Planet-X NFT, you will own a single copy of the artwork represented within the NFT only, which you understand and agree may not be the only copy (although as of the initial Planet-X NFT launch, we expect that each NFT will be unique). For so long as you are the owner of the Planet-X NFT, you may also use the artwork on that Planet-X NFT you own for any purpose, personal or commercial, including to post a copy of it to social media pages, to use the artwork as an avatar online; or even to sell or distribute copies of the image in other media; provided, that in each case: (i) you don’t engage in any illegal activity in doing so; (ii) you don’t disparage anyone associated with the Planet-X NFTs or us; (iii) exercise your rights granted herein in a libellous or malicious manner; (iv) you don’t engage in any competitive business with us or our partners; and (v) you do not attempt to create an association between you and us, and you don’t attempt to mislead the public as to your relationship with us, or induce people to believe, by act or omission, that you are related to or affiliated with us. Anyone who acquires the Planet-X NFT from you is a successor to these Terms and shall be bound by them. It is the responsibility of the Planet-X NFT owner to, upon transfer, ensure these Terms are transferred to any subsequent purchaser of the Planet-X NFT.

Third Party Uses Are Not Restricted

1. Nothing in these Terms is meant to limit you or a third party from (i) owning or operating an non fungible token marketplace that permits the use or sale of the NFTs, so long as the marketplace cryptographically verifies the ownership of the NFT to ensure that only the bona fide owner can use and display their NFT; and (ii) owning or operating a third party website or application that permits the inclusion or involvement of the NFT generally, provided that the website or application verifies the ownership of the NFT to ensure that only the actual owner can use and display their NFT. Furthermore, nothing in these Terms is meant to restrict a third-party website’s ability to build tools which track traits or sales.
2. Events outside our control. We are not responsible for events outside our control. If our provision of the mobile apps or Hunts is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Hunts you have paid for but not received.

Ending our contract with you

1. We may end your rights to use the mobile apps, website or Hunts at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.

2. If we end your rights to use the mobile apps, website or Hunts:

1. You must stop all activities authorised by these terms, including your use of the mobile apps, website or Hunts.

2. You must delete or remove the mobile apps from all devices in your possession and immediately destroy all copies of the mobile apps and website which you have and confirm to us that you have done this.

3. We may remotely access your devices and remove the mobile apps from them and cease providing you with access to the mobile apps and Hunts.

Transfer of contract

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Governing Law and Arbitration

1. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

2. You also agree to submit all unresolved disputes between us to arbitration administered by the International Centre for Dispute Resolution (“ICDR”) and governed by the ICDR Arbitration Rules (“ICDR Rules”) then in effect, except that either you or Planet-X may seek injunctive relief for infringement of intellectual property rights or other proprietary rights in court. For all arbitrated matters, one (1) arbitrator will be appointed under the ICDR Rules, and the locale of arbitration will be London, England, unless the parties mutually agree to another locale before appointment of the arbitrator. 

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