Terms & Conditions

1. About the Website

Welcome to https://ndigi.world (the ‘Website‘). The Website operates to (but is not limited to)  provide services pertaining to the exchanging of a virtual currency (cryptocurrency) or NFT (non fungible tokens), facilitate the purchase of goods (through the NFT Artist Management Store), and  provide training (through the NFT Artist Management Academy) (the ‘Services‘). 

The Website is operated by NFT Artist Management Pty Ltd. (ABN 33 657 523 996) (hereafter referred to as “NFT Artist Management”). Access to and use of the Website, or any of its associated Products or Services, is provided by NFT Artist Management. Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing and/or reading the Website, this  signifies that you have read, understood and agree to be bound by the Terms. If you do not agree  with the Terms, you must cease usage of the Website, or any of Services, immediately. 

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


‘B Chain’ means the Blockchain. 

‘Blockchain’ means a distributed ledger of records organised into blocks that are linked together  using cryptographic validation. When a block is added to the chain, it cannot be changed without affecting all blocks that came after it, this creates an immutable data file that no single entity  controls. 

‘Blocks’ means an allocation sold to an individual consumer. 

‘Cryptocurrency’ means a digital currency in which cryptography encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds. 

‘Intellectual Property Rights’ means all industrial and intellectual property rights, both in

Australia and throughout the world, and includes any copyright, moral right, patent, registered or unregistered trademark, registered or unregistered design, registered or unregistered plant  breeder’s right, trade secret, knowhow, rights in relation to semiconductors and circuit layouts, trade or business or company name, indication or source or appellation of origin or other  proprietary right, or right of registration of such rights. 

‘Mnemonic Seed Phrase’ means a secret group of 12 immutable words used to backup and  access the Wallet. 

‘Passcode’ means a set of numbers used to access the Wallet. 

‘NFT Artist Management’, ‘our’, ‘we’ or ‘us’ means NFT Artist Management Pty Ltd.  

‘NFT Artist Management’ means a digital marketplace where participants can exchange (buy and sell) for fiat currency and vice versa. 

‘Private Key’ means a long sequence of numbers and letters which is used to generate a public  key and allows You to sign transactions which are verified by others on the B Chain against the  public key. The public key is your address which is visible on the B Chain, 

‘Services’ means various services provided to You by NFT Artist Management including but not limited to digital currency exchange services, buying and selling services related to the  purchase of digital currency. 

‘Site’ means https://ndigi.world  

‘Transaction Services’ means services provided by NFT Artist Management (through the NFT  Artist Management Platform) to facilitate transactions. 

‘Transactions’ means transactions between You, NFT Artist Management, another Merchant, or an  individual consumer. 

‘Users’ means all individuals, institutions or organisations that access, download or use the Site,  the NFT Artist Management Platform, the Wallet and the Services and who meet the KYC  requirements. 

‘Wallet’ means a cryptocurrency wallet developed by NFT Artist Management which connects to the B Chain, stores a user’s cryptocurrency (such as) and allows a User to make cryptocurrency  transactions. 

‘You’ means the User who has a Wallet and elects to use the Services of the NFT Artist  Management Platform.

2. Acceptance of the Terms

(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made  available to you by NFT Artist Management in the user interface. 

(b) You acknowledge and agree that: 

(i) NFT Artist Management is not acting on your behalf in any capacity. For the  avoidance of doubt NFT Artist Management is not your broker, intermediary,  agent or advisor and has no fiduciary relationship or obligation to You in connection with any transactions or other decisions or activities which are the  result of your use of the Site, the NFT Artist Management Platform and the  Services, and 

(ii) no communication or information provided to You by NFT Artist Management shall be construed as any type of advice.

3. Subscription to use the Services; Registration to use the Purchase Services

(a) In order to access the Services or access the Purchase Services (hereafter  referred to as “Services”), you must first purchase a subscription through  the Website (the ‘Subscription‘) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee‘). 

(b) In purchasing the Subscription, you acknowledge and agree that it is your  responsibility to ensure that the Subscription you elect to purchase is suitable for  your use. 

(c) Once you have purchased the Subscription, you will then be required to  register for an account through the Website before you can access the Services (the ‘Account‘). 

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

(i) Email address 

(ii) Preferred username 

(iii) Mailing address 

(iv) Telephone number 

(v) Password 

(e) You warrant that any information you give to NFT Artist Management in the  course of completing the registration process will always be accurate, correct and up to date. 

(f) Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the Terms. As a  Member you will be granted immediate access to the Services from the time  you have completed the registration process until the subscription period  

expires (the ‘Subscription Period‘). 

(g) You may not use the Services and may not accept the Terms if: 

(i) you are not of legal age to form a binding contract with NFT Artist Management; or 

(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident  or from which you use the Services. 

4. Trading with your NFT Artist Management Account

a) NFT Artist Management regards making our deposit and withdrawal timeframes  as one of our top priorities. Sometimes, we may encounter situations which we have a limited amount of control over, which can result in delays. In accepting  this Agreement, you acknowledge that NFT Artist Management is not responsible  for any losses that may arise from delays processing deposits or withdrawals. 

b) In order to maintain our strict KYC practices, the bank account linked to your NFT  Artist Management Account, and any other payment services that you have with  us must be in your name, in order to facilitate all deposits and withdrawals to or  from your NFT Artist Management account. If the account is not held in your  name, we may limit and/or suspend your use of our Platform and Services, until  you supply the appropriate details of a bank account in your name. 

c) NFT Artist Management is not liable for any delays you may experience when sending and transferring Cryptocurrencies from our Platform to other platforms,  websites, users, or wallets. These delays may occur due to factors without our  control, including but not limited to third-party websites, Blockchain congestion,  NFT Artist Management maintenance (such as shifting Tokens into a secure  storage vault or platform), or wallet issues. 

d) In addition to buying, selling, converting and trading Cryptocurrencies, you are  only permitted to send your coins, tokens, NFTs, or digital assets to another user, another exchange platform, and/or a web3 wallet ie. Metamask. 

e) Due to the evolving nature of blockchain technology, and blockchain network  capacity, if there are any technical issues regarding the use of a blockchain  and/or use of a blockchain network this is beyond NFT Artist Management’s control and NFT Artist Management reserves the right to cancel transactions you  have initiated which are delayed beyond a reasonable time or lapse due to time  delays. In such circumstances, you may need to execute the transaction again,  or at another time. 

f) NFT Artist Management may take reasonable action, including but not limited to  restricting access or deducting the amount you have received, acquired, or  accumulated from the balance of the coins or fiat currency held in your account, if  you have received, acquired, or accumulated any funds or assets as a result of an  error, glitch, or loophole. If such an error, flaw, or loophole occurs or is  discovered, and we decide to enforce our right to recover misappropriated monies or assets from your account, we will notify you. 

g) If your account is suspended in accordance with these Terms of Use and you do not respond to any of our attempts to contact you after the payment of the  uncleared funds, NFT Artist Management will consider your account, and all coins,  tokens, NFTs, assets, and fiat currencies within your account, to have been  suspended, and not accessible until such time as this is resolved, or a relevant  government authority orders them to be dealt with in a specific way. Example: where your account has been flagged for money-laundering and AUSTRAC  requests for the digital assets to be sent to a holding account managed by a third party. 

h) It is your responsibility to check your NFT Artist Management account and  monitor the movement of your coins, tokens, NFTs, fiat currencies, and digital assets, including any pending, lapsed or cancelled transactions or purchases  through your transaction history and to re-execute any failed transactions. 

i) All deposits and withdrawals made are subject to the limits displayed on our Platform and Services. Due to the blockchain, as well as user demand, market  activity, and the price of specific coins, this amount may fluctuate over time. In  some cases, we may use our discretion to approve deposits and withdrawals that  exceed the displayed limit. 

j) All fiat currency deposits and withdrawals must be made to and from the verified NFT Artist Management account holder’s banking institution account. We may use our judgement to authorise deposits and withdrawals from a financial  institution account that is not owned by the confirmed NFT Artist Management account holder in some circumstances. 

k) For any AUD withdrawals or deposits, it is your responsibility to enter an accurate BSB and account number. NFT Artist Management does not and will not verify the  information you provide, relating to your account and including if the BSB and  account number you provide are yours. It is not NFT Artist Management’s obligation to retrieve payments from the unintended recipient if you submit  incorrect bank details. NFT Artist Management is not responsible for any losses or liabilities you may suffer as a result of fiat money being paid to an undesired bank  account. 

l) During times of market volatility, high volume trades, rapid movement, and  illiquidity, the market rate at which you purchase, sell, or exchange coins may differ from the price indicated on our Platform, and as a result, we will be unable  to execute your order and will refund your funds. NFT Artist Management is not  responsible for price fluctuations caused by market volatility, market or technical  disruptions, delays, or other factors beyond its control. If the market rate drastically increases or lowers, or if there is a market interruption or other event  beyond NFT Artist Management’s control, NFT Artist Management may reasonably decide not to execute a deal. NFT Artist Management may cancel  your buy or sell order and refund the funds to your NFT Artist Management account in such situations. NFT Artist Management will make reasonable efforts to notify you of these events, and you must check your account for any pending or  cancelled transactions as soon as possible after receiving a notification. 

m) When you place a buy, sell, or exchange order on our Platform, NFT Artist  Management treats it as a legally binding directive from you. If you ask NFT Artist  Management to cancel, amend, or reverse your buy, sell, or exchange order, NFT  Artist Management is not obligated to do so if it is unreasonable to do so or would  cause NFT Artist Management inconvenience or cost. 

5. Debit Account Balances

a) To make any transaction on the Platform, you must have adequate funds in your  account. 

b) If at any time your Account has a debit balance, you agree to pay us: 

i) An Account overdraft fee determined by us from time to time to cover our  reasonable costs and expenses arising from the debit Account balance;


ii) The total debit balance including the Account overdraft fee. 

c) If you fail to pay the outstanding debit account balance and Account overdraft fees,  we may suspend or cancel your Account at any time and without notice to you. 

d) If, after a demand is made by us, you have not made payment of the  outstanding debit balance, then: 

i) You authorise us to sell any cryptocurrency assets in your Account to recover the outstanding balance; and 

ii) You agree to indemnify us against all costs, expenses and losses incurred, including brokerage fees, taxes, overdraft fees and any other fees in connection with any transaction executed by us in accordance with this clause to recover the outstanding balance where you do not pay the outstanding debit balance. 

e) Without your consent, we reserve the right to use a third-party collection agency to recover any sums you owe us under these Terms and Conditions. All charges paid  by us in recovering the amounts you owe us under these Terms and Conditions, including debt collection fees and enforcement costs, will be payable on demand.

6. Treatment of Unallocated Deposits

a) We have no trust relationship with you at any time, and we do not hold any funds  deposited by you on trust. 

b) Unallocated deposits received in our bank accounts may be held for a user at our sole  discretion. 

c) Fees may be deducted from any money held by us in accordance with this clause in  circumstances where they are determined to be unallocated. 

Making a Claim for Unallocated Deposits 

a) You have the right to request and file a claim for the repayment of an unallocated deposit (less any accumulated fees) by contacting us through the support screen or by email at  [email protected].  

b) Once a deposit is identified as an unallocated deposit, it will be held in our  

account until additional investigation and advise on release is received. 

c) We will hold the unallocated deposit on behalf of the depositor and we have an  obligation to repay the unallocated deposit to the owner on demand. 

d) The unallocated deposit will incur: 

an unallocated deposit search fee based on an hourly rate of $45AUD (excl GST);  and 

a monthly unallocated deposit management fee of 6% per annum (excl GST). 

e) Where an unallocated deposit is unclaimed after a period of 6 months, it will be taken  to be forfeit, and may, at our discretion, be donated to a charity, as designated by NFT  Artist Management, or dealt with in any other manner deemed appropriate, and  reasonable in the circumstances.

7. Security

a) Transmission of information over the Internet, including to and from our Platform and Services, is not 100 % secure or error-free. Emails to or from us, as well as information posted to or accessible on this Platform, may not be secure, therefore you should exercise caution when sending us information through these channels. 

b) Emails to and from us may be filtered and scanned for viruses, including by third party contractors. Such filters and scans can not guarantee that viruses or other  potentially destructive code will be removed. 

c) You accept that you use the Platform and Services (as well as obtain and send data to it) at your own risk, that it is provided “as is,” and that we make no representations or guarantees as to the security, availability, or that your access or  use will be uninterrupted, prompt, or secure. 

d) NFT Artist Management saves private keys and other information in a secure  manner to ensure the system’s security and integrity. We are committed to safeguarding users’ digital assets and other information that we gather and store in third-party data centres that are extremely secure. Personal information is only given to NFT Artist Management employees who need it to do their jobs in support of our  clients. Strong, multi-factor authentication is used, and access is revoked when no  longer required. 

e) To validate your identity, maintain security, and avoid fraud, NFT Artist  Management use a two-factor authentication process. 

f) All significant financial and trading transactions made by you from the NFT Artist  Management Platform to another third-party website, platform, or user, as well as all AUD withdrawals from the Platform to your personal bank account, may be required  to use NFT Artist Management’s two-factor authentication as part of NFT Artist  Management’s commitment to protect your coins, NFTs, and digital assets in the  interest of your security. For all withdrawals and transactions to purchase, sell, and trade within the NFT Artist Management network, NFT Artist Management users will  be required to implement and use two-factor authentication. It is your duty to  implement security measures, programs, and applications, such as Google Authenticator, on your computer, phone, or other device, and to understand how to  utilise these security measures to complete the transaction. See the Security tab on  our website for further information on how to secure and protect your coins. 

g) As part of operating our Platform and Services, NFT Artist Management may hold your funds, assets or coins on different exchange platforms. 

h) By using our Platform and Services, you agree to supply us with up-to-date,  accurate, and complete information, including any personal information. 

i) If a law enforcement agency or government agency requests it, NFT Artist  Management may share your personal information as well as other information such as your IP address or the last time your account was viewed.

j) By creating a NFT Artist Management account, you authorise NFT Artist  Management to make enquiries to verify your identity either directly or through third  parties, such as but not limited to Sumsub.com. This is in order to protect our Platform, Services and other users against fraudulent activity. 

k) You will provide us with personal information that will be validated against databases in your country in order to authenticate your account; as a result, it is critical that you  provide us with correct and up-to-date information. It may take up to 5 business days  for your identification to be verified and your account to be activated. You represent  and warrant that all information you supply to us via our Platform is accurate and  current. 

l) We cannot guarantee the identity of any other user, receiver or other party you  engage with. 

m)You undertake not to use any other NFT Artist Management account than your own, to access another member’s account, or to help anyone in getting illegal access. If  you use or get access to a NFT Artist Management account that is not your own, your account and the account of the other user may be suspended and possibly  terminated immediately. Any pending trades or transactions will also be suspended. 

n) You are responsible for maintaining and preserving the confidentiality of your  account information, the personal information you provide to NFT Artist  Management, the strength level of your password, using a digital wallet to protect  your coins, tokens, NFTs, fiat currencies, and digital assets, and any other activities  you engage in while using our Platform and Services. 

o) In the interests of your security, NFT Artist Management does not hold large numbers of coins within the Platform as this is a security risk and may increase your exposure  to hacking and misappropriation of your coins, tokens, NFTs and other digital assets. 

p) You must notify NFT Artist Management immediately of any unauthorised access  or use of your account, password or any other applicable breach of our Platform and Services by submitting a support request on our website.

8. Linking and Framing

a) This Platform may contain links to other websites and may display content or  information from other websites within frames on this website. When you click on  those links or access third-party websites through the Platform, we may earn a  payment as a result of that advertising or that referral. 

b) NFT Artist Management is not responsible or accountable for any third-party websites or third-Party content hosted on the Platform, nor for any infringement of third-party intellectual property rights as a result of hosting links to third-party  websites and third-party content. 

c) NFT Artist Management is not responsible or liable for any personal information collected by a third party (including information collected through a third-party  website), and we are released from any liability resulting from the third party’s failure  to handle, use, or disclose your personal information in accordance with the Privacy  Act 1988. (Cth). 

d) NFT Artist Management does not guarantee the authenticity, currency, or suitability of third-party websites or third-party content for any purpose, nor do we endorse the  offers, products, or services which they promote. 

e) All statements, representations, offers, products, or services made publicly available  through third-party websites and third-party content are solely the responsibility of  the third-party website’s operator or author, and any links to third-party websites or  third-party content hosted on the Platform are done at the request of the operator or author for the purpose of promoting their offers, products, and services. We do not  function as an agent, representative, partner, or in any other role on behalf of such  operator or author, unless otherwise specified.

9. Affiliate Program

a) We may run an affiliate program for the Platform from time to time that will allow  you to refer non-users (Converted Customers) to the Platform in exchange for an  affiliate credit. 

b) The affiliate credit will be calculated as a percentage of any fee charged by us for a  Transaction (but not on any other charges, fees, levies, etc) carried out by the  converted customer. 

c) The percentage used to calculate the affiliate credit: 

(i) will be specified on the Platform. The affiliate credit rates are subject to change, and we have the right to change or discontinue them at any time; and 

(ii) will be the current percentage set by us for a transaction carried out by a  converted customer, regardless of the time they became customers. 

d) Subject to this section, you will be eligible to receive the affiliate credit and any such affiliate credit will accrue to your NFT Artist Management account for as long as you  as a customer keep your account with us, provided you are not in breach of these  Terms of Use. 

e) If you accumulate more than $50 in your account as affiliate credit and provided your account has been verified in accordance with these Terms of Use, we will automatically make your affiliate credit balance available for withdrawal or use on  the Platform. 

f) All affiliate programs will be operated at our exclusive discretion, and we have the  right to activate, modify, or terminate them at any time. If a new affiliate program is  launched, you will be contacted via email about the new partner program and our  plan to transfer you to it. 

g) Affiliate credits will be received only if you follow the terms and conditions of the  affiliate program you’ve signed up for. This includes any new affiliate credits earned  from clients who were converted before the program was switched. 

h) You understand and agree that the affiliate credit may change as a result of any  variations in the service fees we are authorized to charge under this Agreement. 

i) You agree that you will not use your own affiliate link to create and register an  alternate account for yourself outside of an approved business account. This practice  will be considered abuse of the affiliate program and may result in immediate  termination of your referral account and forfeiture of your accumulated affiliate credit  and bonus. 

10. Third-Party Service Providers

We may use third parties to process transactions or payments, to conduct risk analysis  and/or offer Crypto digital assets, as applicable for the requested Transaction and for  the selected payment method. Third Party Service Providers may include, without  limitation, exchange platforms. 

At our sole discretion, we have the right to change or replace any third-party Service Provider. Third-party Service Providers’ services are governed solely by their terms  of service, and we have no responsibility or liability for their conduct or omissions, or any consequences thereof. 

We take no responsibility for any third-party Service Provider delay, error, conduct, or  omission. 

11. Third-Party Links

a) Links to (and integrations with) websites owned and maintained by third parties  may be found on the Platform. Other suppliers and service providers who supply  goods or services in conjunction with the Services may fall under this category.  We have no control over these third-party websites, which are subject to their own terms and conditions and privacy policies. 

b) You acknowledge and agree that when you access a third-party website  available via a link contained on the Platform:

(i) you do so at your own risk and understand that you should review the privacy policy and terms and conditions of that website; 

(ii) NFT Artist Management are not responsible for the content, accuracy, lawfulness, or suitability of that third-party website, or any other aspect of it; and 

(iii) you acknowledge and agree that we will not be liable for any loss or  damage experienced by you or any other person as a result of or in  connection with your access or use of any third-party website accessible via a link on the Platform, to the fullest extent permitted by applicable law. 

12. Service and Conversion Fees

a) A conversion fee applies to all transactions where coins, tokens, NFTs, fiat  currencies, and digital assets are purchased, sold or traded. 

b) By using the NFT Artist Management Platform, you accept and acknowledge that  we may adjust our conversion fees at any time. At the time of the transaction, NFT  Artist Management will inform you of the conversion fees that apply to your transaction. 

c) A conversion rate is applied to all purchases, sales, and trades of coins, tokens, NFTs, fiat currencies, and digital assets. By using the Platform, you agree to the  conversion rate that may be in effect at any moment. NFT Artist Management will inform you of the conversion rate that will apply to your transaction after it is  completed. 

d) If NFT Artist Management suspect that a conversion transaction has been used for illegal or fraudulent purposes, we may postpone, suspend, or cancel it. 

e) You must pay NFT Artist Management the Service Fees, as well as any other commissions and/or fees that may be indicated on the Platform from time to time,  in exchange for the Services. 

f) NFT Artist Management may change the Service Fees and add additional fees or  commissions from time to time at our discretion, with 7 days’ notice. Changes to Service Fees will apply to services provided from the expiry of the notice period. 

g) Payments that exceed the Platform’s thresholds and limits may be held for longer  periods of time (depending on support load) and subject to manual processing  fees or charges. 

h) You acknowledge and agree that where a request for any payment (whether  pursuant to a Transaction or by way of a transfer from your bank account, or as part of the Service Fees) is returned or denied, for whatever reason, by your financial  institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Service Fees. 

i) Service Fees are non-refundable unless we decide otherwise, which we have the authority to do at our sole discretion and on a case-by-case basis. 

j) The Service Fees, as well as any other amounts owed, will be deducted  automatically from any Transaction or other digital assets in your account. 

k) If you fail our account verification process and/or are sent an closure notice  regarding your account for any reason, then the following process will apply to any  request for refund of deposits that you may have made with us: 

(i) you must request your financial institution to contact our financial institutions and subsequent payment processors and initiate a payment investigation or  request for reversal of Deposits. 

(ii) our financial institutions and subsequent payment processors will contact us  and take our approval for any refund of Deposits, which approval may be withheld at our discretion and/or subject to our internal control process. 

l) If your financial institution does not notify our financial institutions and  subsequent payment processors within 30 days of receiving the Account Closure  Notice (and you do not provide us with a valid reason), your account will be marked as “dormant” in our records. While your account is ‘dormant,’ we will be able to take any relevant administration fees from the deposits in your account on  a monthly basis. We have the right to cancel your account if there is no money  left in it (for example, because all funds have been utilised to pay the administration fees). 

m) If there are technical issues that prevent us from completing the transaction, or if  NFT Artist Management is unable to complete the transaction, we reserve the right  to delay, suspend, or cancel the trade or transaction. This could be due to reliance  on a third-party supplier, or because we have a reasonable suspicion that the trade  is vulnerable to unlawful behaviour or fraud, technical issues, or a law enforcement  action.

13. Transfers Out of Platform

a) You are responsible for the transfer of any cryptocurrency out of your NFT  Artist Management account to other wallets, or trading platforms. 

b) You recognise and accept that once you have transferred cryptocurrencies from  your account to another wallet or trading service, we will not be accountable or liable for them.

c) It is your responsibility for ensuring that the recipient wallet address is  correct prior to submitting any withdrawal transaction(s). 

d) NFT Artist Management takes no responsibility for validating recipient addresses  for withdrawals from your Account because all Cryptocurrency transactions are irreversible once sent. Once a transfer has been made, NFT Artist Management is unable to cancel it. 

e) You must take precautions when withdrawing and storing your Cryptocurrency, especially when withdrawing from your Account to an overseas-based provider. 

You acknowledge and agree that: 

i) it is your responsibility to ensure that any withdrawals from your Account are  sent to a valid and correct address and for a valid purpose; 

ii) we are not under any obligation to verify a withdrawal address or identify  whether a withdrawal may be the subject of scam regardless of whether a scam  has been listed on this website or not; and 

iii) under no circumstances, will we be responsible or liable to you for any loss  resulting from any transfer from your account regardless of whether the scam is  specifically stated in our announcements or published on our website.

14. Staking

a) Our staking services are held on reputable third-party platforms and liquidity  providers that we partner with for a convenient, simple and user-friendly way of  accessing staking in decentralised protocols. 

b) To access our staking services, you must access your NFT Artist Management account and navigate to our staking portal to see the eligible coins, tokens, NFTs  and other digital assets that are available for staking. 

c) By allocating eligible coins, tokens, NFTs and other digital assets for staking in your  wallet, you acknowledge and agree that you have read, understood and agree to  all the terms and conditions that apply to our staking services. 

d) You can only access our staking services for eligible coins, tokens, NFTs and  digital assets held in your account from time to time. We will publish a list of coins, tokens, NFTs and other digital assets eligible for staking on our website from time  to time. 

e) We may (in our absolute discretion) add or remove coins, tokens, NFTs and other  digital assets from the list for any reason. If we remove a coin, token, NFT or other  digital asset from the list, they will be immediately and automatically unallocated for staking and we will distribute any accrued but unpaid staking rewards to you. 

f) We will credit any staking rewards for a coin, token, NFT or other digital asset to your account at the time or intervals disclosed on our website or as otherwise when  we consider appropriate. We do not guarantee the amount of any staking rewards  or that staking rewards will be paid at all. The decentralised protocol calculates any  staking rewards payable and is responsible for paying any staking rewards. 

g) Each decentralised protocol has a unique algorithm for calculating staking  rewards. 

h) Any staking rewards credited to your account are final and binding, except in  circumstances that are in accordance with these Terms of Use. You are not entitled  to, and have no rights to deal in, any staking rewards until those rewards have been  credited to your account. 

i) For convenience, we will publish on our website the staking rewards payable for  any coins, tokens, NFTs or other digital assets but you acknowledge and agree that any rate published is based on the rate paid by the decentralised protocol and may  differ to the actual staking rewards payable at any given point of time. 

j) When you allocate a coin, token, NFT or other digital asset for staking in your wallet, the coins, tokens, NFTs or other digital assets are locked and you cannot  trade or withdraw them from your account until you have unallocated them in  your wallet. Once you have unallocated the coins, tokens, NFTs or other digital  assets, you can trade or withdraw them in accordance with these Terms of Use. 

k) Your account will record: 

i) all coins, tokens, NFTs or other digital assets that have been allocated for  staking in your wallet and are locked; and 

ii) all staking rewards paid to your account; 

l) If you unallocate your coins, tokens, NFTs or other digital assets in your wallet and  close your account, you will automatically forgo any accrued by unpaid staking rewards. You acknowledge and agree that we may retain any lost rewards for our  own benefit, or alternatively, donate them to a charity and do not have any obligation to locate you and transfer any lost rewards to you. 

m) While NFT Artist Management strives to make our staking services available 24 hours a day, 7 days a week, we cannot promise this or that your access will be  uninterrupted or error-free. 

n) If there is a problem with our staking services, we will try to resolve it as quickly as  possible. However, you acknowledge and accept that any disruption or error caused by a decentralised protocol is beyond our control. Your coins, tokens,  NFTs, or other digital assets may not be staked in the decentralised protocols if our staking services are stopped or unavailable for any reason, and this may affect the  amount of staking rewards payable to you. 

o) Staking entails substantial risks, and if staked coins, tokens, NFTs, or other digital assets are slashed, the losses can be significant. Depending on your financial  situation and risk tolerance, you should carefully analyse and assess whether  staking is appropriate for you. 

p) You acknowledge and agree that you access our staking rewards “as is” and at your  own risk. We strongly recommend that you do your own research and obtain your  own advice if you are unsure. 

q) For the avoidance of doubt: 

i) The indemnity in clauses this Agreement apply to our staking services; and

ii) The limitation of liability in this Agreement apply to our staking services; and 

iii) The warranties disclaimer in this Agreement applies to our staking services. 


15. Intellectual Property

NFT Artist Management represents and warrants that it is the absolute legal and  beneficial owner of, or licensee to, all right, title and interest in the Site and the NFT  Artist Management Platform including but not limited to, all Intellectual Property Rights in the Site and the NFT Artist Management Platform. 

By accepting this Agreement, You expressly acknowledge and agree that all rights,  title, and interest in the Site and the NFT Artist Management Platform remain the property of NFT Artist Management and unless expressly provided, nothing in this Agreement grants You any Intellectual Property Rights in the Site and the NFT Artist  Management Platform. 

Notwithstanding the above, NFT Artist Management grants You a revocable, non exclusive, non-transferrable, worldwide, royalty-free licence, during the term of this  Agreement, to use the Site, the NFT Artist Management Platform, and the Services  in accordance with, and subject to the restrictions imposed by this Agreement. 

This licence includes a grant for usage of the Site, the NFT Artist Management Platform and all updates, upgrades, new versions and replacement applications. 

We do not own, control nor have any responsibility or liability for any third-party  software applications You elect to use with the Site and the NFT Artist Management Platform in connection with our Services.

16. Your obligations as a Member

a) As a Member, you agree to comply with the following: 

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

1) the Terms; and 

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

(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services; 

(iii) any use of your registration information by any other person, or third  parties, is strictly prohibited. You agree to immediately notify NFT Artist Management of any unauthorised use of your password or email address or any breach of security of which you have become aware; 

(iv) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of NFT Artist Management providing the Services; 

(v) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of NFT Artist Management; 

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

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

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

17. Payment

a) Where the option is given to you, you may make payment of the Subscription Fee by way of: 

i) Electronic funds transfer (‘EFT ‘) into our nominated bank account 

ii) Credit Card Payment (‘Credit Card‘)

iii) Cash (‘Cash‘) 

iv) Acceptable Cryptocurrencies 

b) All payments made in the course of your use of the Services are made using  the NFT Artist Management Store. In using the Website, the Services or when  making any payment in relation to your use of the Services, you warrant that  you have read, understood and agree to be bound by the NFT Artist Management Store terms and conditions which are available on their website. 

c) You acknowledge and agree that where a request for the payment of the  Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any  costs, including banking fees and charges, associated with the Subscription  Fee. 

d) You agree and acknowledge that NFT Artist Management can vary the Subscription Fee at any time and that the varied Subscription Fee will come  into effect following the conclusion of the existing Subscription Period.

18. Tax

It is your responsibility to determine what, if any, taxes apply to the transactions that You have submitted transaction details for, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that NFT Artist Management is not responsible for  determining whether taxes apply to your transactions or for collecting, reporting, withholding, or  remitting any taxes arising from any transactions. 

19. Warranty

(a) NFT Artist Management’s Products come with guarantees that cannot be excluded  under the Australian Consumer Law. You are entitled to a replacement or refund  for a major failure of the Product and compensation for any other reasonably  foreseeable loss or damage. You are also entitled to have the Products repaired or  replaced if the Products fail to be of acceptable quality and the failure does not  amount to a major failure (the ‘Warranty‘). 

(b) You may make a claim under this clause (the ‘Warranty Claim‘) for material  defects and workmanship in the Products within 12 months from the date of  purchase (the ‘Warranty Period‘). 

(c) In order to make a Warranty Claim during the Warranty Period, you must provide  proof of purchase to NFT Artist Management showing the date of purchase of the  Products, provide a description of the Products and the price paid for the Products  by sending written notice to NFT Artist Management at Unit 8/94 George Street,  Beenleigh, Queensland, 4207 or by email at [email protected]

(d) Where the Warranty Claim is accepted then NFT Artist Management will, at its sole  discretion, either repair or replace any defective Products or part thereof with a new  or remanufactured equivalent during the Warranty Period at no charge to you for  parts or labour. You acknowledge and agree that you will be solely liable for any  postage or shipping costs incurred in facilitating the Warranty Claim. 

(e) The Warranty shall be the sole and exclusive warranty granted by NFT Artist  Management and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this  warranty relates. 

(f) All implied warranties including the warranties of merchantability and fitness for use  are limited to the Warranty Period. 

(g) The Warranty does not apply to any appearance of the supplied Products nor to  the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to  misuse, abnormal service or handling, or which has been altered or modified in  design or construction. 

20. Delivery

(a) You acknowledge that the Purchase Services offered by NFT Artist Management integrate delivery (the ‘ Delivery Services‘) through the use of third party delivery  companies (the ‘ Delivery Service Providers‘). 

(b) In providing the Purchase Services, NFT Artist Management may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that NFT Artist  Management is not the provider of these delivery and insurance options and  merely facilitates your interaction with the Delivery Service Providers in respect to  providing the Delivery Services. 

(c) In the event that an item is lost or damaged in the course of the Delivery Services,  NFT Artist Management asks that you: 

(i) contact the Delivery Service Provider directly to request a refund or to claim  on any insurance options available; and 

(ii) contact us by sending an email to [email protected] outlining in what way the  Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services. 

21. Daily limits

Daily limits on the frequency and volume of transactions will be determined by NFT Artist  Management and based on the amount of available for sale as well as the demand for from buyers. 

NFT Artist Management cannot guarantee that any items, tokens, crypto, or otherwise will always be available on the Exchange to buy and/or sell. 



22. Refund Policy

NFT Artist Management will only provide you with a refund of the Subscription Fee in the event  they are unable to continue to provide the Services or if the manager of NFT Artist Management makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. 

Where this occurs, the refund will be in the proportional amount of the Subscription Fee that  remains unused by the Member (the ‘Refund‘).

23. Copyright and Intellectual Property

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

b) All trademarks, service marks and trade names are owned, registered and/or licensed by NFT Artist Management, who grants to you a worldwide, non exclusive, royalty-free, revocable license whilst you are a Member to: 

(i) use the Website pursuant to the Terms; 

(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and 

(iii) print pages from the Website for your own personal and non commercial use. 

NFT Artist Management does not grant you any other rights whatsoever in relation to  the Website or the Services. All other rights are expressly reserved by NFT Artist  Management. 

(c) NFT Artist Management retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer  any: 

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or 

(ii) a right to use or exploit a business name, trading name, domain name,  trademark or industrial design, or a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you. 

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

24. Privacy

  1. a) NFT Artist Management takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to NFT  Artist Management Privacy Policy, which is available on the Website. 

b) As a third-party record keeper, NFT Artist Management will not collect or otherwise deal in commercially sensitive information, except to the extent  necessary to operate the NFT Artist Management Platform, or as set forth in the  Privacy Policy. 

c) The Site may contain links or portals to third party websites not under our control  or operation. Any such links are provided only as a convenience and do not imply our endorsement or responsibility for the contents of any such linked site. Use of  any such third-party content provided via the Site may also be conditioned upon  

agreement to such third party’s terms and conditions. The Site simply facilitates  your interaction with such third parties. NFT Artist Management is not responsible for any issues or disputes between You and such third party. 

25. General Disclaimer

a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be  limited or excluded. 

b) Subject to this clause, and to the extent permitted by law: 

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

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

c) Use of the Website and the Services is at your own risk. Everything on the Website  and the Services is provided to you “as is” and “as available” without warranty or  condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of NFT Artist Management make any express or implied  representation or warranty about the Services or any products or Services (including the products or Services of NFT Artist Management) referred to on the  Website, includes (but is not restricted to) loss or damage you might suffer as a  result of any of the following: 

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

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

(iii) costs incurred as a result of you using the Website, the Services or any of the  products of NFT Artist Management; and 

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

For further details see (https://ndigi.world/website-disclaimer/

26. Limitation of liability

a) NFT Artist Management’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the  resupply of the Services to you. 

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

c) You acknowledge and agree that: 

i) NFT Artist Management is not acting on your behalf in any capacity. For the avoidance of doubt NFT Artist Management. is not your broker, intermediary, agent or advisor and has no fiduciary relationship or obligation to You in connection with any transactions or other decisions or activities which are the  result of your use of the Site, the NFT Artist Management Platform and the  Services, and 

ii) no communication or information provided to You by NFT Artist Management shall be construed as any type of advice.

27. Termination of Contract

a) The Terms will continue to apply until terminated by either you or by NFT Artist  Management as set out below. 

b) If you want to terminate the Terms, you may do so by: 

(i) not renewing the Subscription prior to the end of the Subscription Period; 

(ii) providing NFT Artist Management with 14 days’ notice of your intention to  terminate; and 

(iii) closing your accounts for all of the services which you use, where NFT  Artist Management has made this option available to you. 

Your notice should be sent, in writing, to NFT Artist Management via the ‘Contact Us’ link on our homepage. 

(c) NFT Artist Management may at any time, terminate the Terms with you if: (i) you do not renew the Subscription at the end of the Subscription Period; 

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

(iii) NFT Artist Management is required to do so by law; 

(iv) the provision of the Services to you by NFT Artist Management is, in the opinion of NFT Artist Management, no longer commercially viable. 

(d) Subject to local applicable laws, NFT Artist Management reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in  its sole discretion, your access to all or any portion of the Website or the Services  without notice if you breach any provision of the Terms or any applicable law or if  your conduct impacts NFT Artist Management’s name or reputation or violates the  rights of those of another party. 

28. Indemnity

a) You agree to indemnify NFT Artist Management, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: 

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

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

iii) any breach of the Terms. 

29. Dispute Resolution

  1. a) Compulsory: 

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

  1. b) Notice: 

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

  1. c) Resolution: 

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

(i) Within 30 days of the Notice endeavour in good faith to resolve the  Dispute expeditiously by negotiation or such other means upon which they may mutually agree; 

(ii) If for any reason whatsoever, 30 days after the date of the Notice, the  Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Society, or an independent mediator agreed upon by the parties, or his or her nominee; 

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

(iv) The mediation will be held in Beenleigh, Queensland, Australia.

(d) Confidential: 

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

(e) Termination of Mediation: 

If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate  the mediation and the mediator must do so. 

30. Venue and Jurisdiction

(a) The Services offered by NFT Artist Management are intended to be utilised by  residents of Australia. In the event of any dispute arising out of or in relation to the  Website, you agree that the exclusive venue for resolving any dispute shall be in  the courts of Queensland, Australia. 

31. Governing Law

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

32. Independent Legal Advice

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

33. Severance

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

34. Market Volatility

Particularly during periods of rapid movement, heightened volume, illiquidity or volatility in the marketplace for any digital currency or fiat, the actual market rate at which a  transaction is executed may be different from the prevailing rate indicated via the  Services at the time of your order or transaction. You understand that we are not liable  for any such price fluctuations. In the event of a market disruption or Force Majeure  event (as set out in Section 17), NFT Artist Management may do one or more of the  following: 

(a) suspend access to the Site, the NFT Artist Management Platform or the Services;  or 

(b) prevent You from completing any actions via the Site, the NFT Artist Management Platform or the Services, including closing any open positions. 

Following any such event, you acknowledge that prevailing market rates may  differ significantly from the rates available prior to such event. 

35. Due Diligence and “Know Your Customer” (KYC) Obligations

We are required to comply with all the laws binding on us including but not limited to the Australian  and New Zealand Anti-Money Laundering and Countering Financing of Terrorism laws. To meet  these requirements, we are required to conduct customer due diligence on You, persons acting on  your behalf and other relevant persons such as your beneficial owners or persons who have effective control of You as a customer. We will not be able to transact or continue to transact with You until this is completed to the standard required by legislation. 

We will advise You what information and documents are required for these purposes. This  information could include formal identification, address confirmation, source of funds,  transaction details, ownership structures, tax identification details, and other information considered relevant. You must ensure that the information and documents requested are  provided promptly to avoid any delays. 

We will retain the information and documents and may be required to disclose them to  government agencies as required by law. We may not be permitted to advise You of the  instances when we are required to disclose the information

36. Accuracy of Information provided by You

You represent and warrant that any information You provide NFT Artist Management is accurate and complete. You accept and acknowledge that NFT Artist Management is not responsible for any errors or omissions that You make in connection with any transaction initiated via the NFT Artist  Management Platform. 

37. Availability of our Services

We may release products, services, functionalities or features that we are still testing and  evaluating. We will label such services as “beta”, “preview”, “early access” or “trial” or any words or  phrases with similar meanings. You understand that these services may not be as reliable as other  products or services we offer. 

We will try our best to ensure the Site and the NFT Artist Management Platform is always available, but we do not guarantee that the operation of or access to the Site or the NFT Artist Management Platform will be uninterrupted or continuous. The Site or the NFT Artist Management Platform may  be interrupted for maintenance, repairs, upgrades and network or equipment failures. 

38. Risks

By making use of the NFT Artist Management Platform and the Services You acknowledge and agree that: 

a) You are aware of the risks associated with transactions involving digital currencies; 

b) You shall assume all risks related to the use of the Services and transactions on the  NFT Artist Management Platform; 

c) NFT Artist Management shall not be liable for any such risks or adverse outcomes; 

d) You are aware that prices and values can and do fluctuate significantly from time to  time, as a result the price of your investments may increase or decrease in value, this  includes any other digital currency You may transact with on the NFT Artist  Management Platform; 

e) You understand digital currencies or cryptocurrencies have heightened risks not  generally shared with conventional currencies, goods, or commodities in a market. 

f) Digital currency or cryptocurrency is susceptible to loss of confidence which could  collapse demand relative to supply. 

g) There may be additional risks that have not been foreseen or identified in this  Agreement. You should carefully assess whether your financial situation and  tolerance for risk is suitable for buying, selling, or trading digital currency, or  cryptocurrency. 

h) We use our financial service providers in order to receive client moneys and make  payments. Our financial service providers do not transfer digital currencies,  cryptocurrencies, exchange digital currencies, or provide any services in connection with  digital currencies or cryptocurrencies.

39. Maintaining Your NFT Artist Management account and Wallet

We are vigilant in maintaining the security of our Site, the NFT Artist Management Platform and  Services. By downloading a Wallet and registering for a NFT Artist Management account, You  agree to provide accurate, current and complete information and to keep such information  updated. You agree that You will not use any Wallet to access the NFT Artist Management Platform other than your own or access the Wallet or NFT Artist Management account of any other User. You agree not to assist others in obtaining unauthorised access to the NFT Artist Management Platform. 

If there is suspicious activity related to your NFT Artist Management account, we may request  additional information from You, including authenticating documents, and may freeze any  transactions pending our review. You are obligated to comply with these security requests or accept  suspension of your NFT Artist Management Account. You are required to advise NFT Artist  Management immediately of any unauthorised use of your NFT Artist Management account or any  other breach of security. 

You agree that NFT Artist Management shall have the right to immediately suspend, freeze or lock your access to the Site, the NFT Artist Management Platform, the Services and your NFT Artist  Management account for any reason including if you are in violation of the Agreement or any  applicable laws and regulations. You may be thereafter held liable for losses incurred by NFT Artist  Management Pty Ltd., or any other User. 

You are solely responsible for maintaining the security of your Wallet which includes the  Private Key, Passcode and any associated Mnemonic Seed Phrase. 

You must keep your Private Key, Passcode and Mnemonic Seed Phrase information secure. Failure to do so may result in the loss of control of or loss of any associated with the Wallet. You  acknowledge that backing up your wallet is your responsibility and NFT Artist Management will  not be held accountable should you fail to do so. Do no share your passcode and or seed phrase  with anyone. 

Your Mnemonic Seed Phrase must be saved and used in numeric order. 

If You have not safely stored a backup of any Wallet address and Private Key pairs maintained in  your Wallet, you accept and acknowledge that the Wallet will become inaccessible if You do not have your Private Key, Passcode and Mnemonic Seed Phrase. 

40. Liability

By accepting this Agreement and using the Site, the NFT Artist Management Platform and  Services, You acknowledge and agree that as permitted by applicable law, in no event shall NFT  Artist Management., its subsidiaries or affiliates, or any of their respective employees, officers, directors or agents be liable for any direct or indirect lost profits or lost business damages, indirect, incidental, special,  consequential or punitive damages arising out of, or related to your use of the Site, the NFT Artist Management Platform and Services or your violation of this Agreement. 

NFT Artist Management will not be held liable for any loss or damage arising from your failure to  maintain the confidentiality of your NFT Artist Management account. 

You acknowledge and agree that: 

(i) NFT Artist Management is not acting on your behalf in any capacity. For the avoidance of doubt NFT Artist Management. is not your broker, intermediary, agent or advisor  and has no fiduciary relationship or obligation to You in connection with any  transactions or other decisions or activities which are the result of your use of the Site,  the NFT Artist Management Platform and the Services, and 

(ii) no communication or information provided to You by NFT Artist Management shall be construed as any type of advice.

41. Force Majeure

NFT Artist Management shall be excused from performance under this Agreement to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: 

(a) weather conditions or other elements of nature or acts of God; 

(b) pandemics, acts of war, acts of terrorism, insurrection, riots, civil disorders, or  rebellion; 

(c) quarantines or embargoes; 

(d) labour strikes; 

(e) error or disruption to major computer hardware or networks or software failures; or (f) other causes beyond the reasonable control of NFT Artist Management

42. Assignment

You may not assign this Agreement, or any rights, benefits, or obligations hereunder, by operation  of law or otherwise, without the express written permission of NFT Artist Management. Any  attempted assignment that does not comply with this Agreement shall be null and void. NFT Artist  Management may assign this Agreement, in whole or in part, to any third-party in its sole  discretion. 

43. Entire Agreement

These Terms of Use, including, without limitation, the incorporated Privacy Policy, and other terms incorporated by reference, constitute the entire agreement and understanding between You and  NFT Artist Management with respect to the subject matter hereof and supersedes all prior or  contemporaneous communications and proposals, whether oral or written, between You and NFT  Artist Management with respect to such subject matter.

44. Termination of Agreement

NFT Artist Management may terminate this Agreement or suspend your access to the Site, the  NFT Artist Management Platform and Services at any time without notice to You, including without limitation if You breach this Agreement, or if NFT Artist Management discontinues the Site, the  NFT Artist Management Platform or Services. 

You may terminate this Agreement with NFT Artist Management, following settlement of any pending transactions. 

In the case of any of the following events, NFT Artist Management shall have the right to terminate your use of the Site, the NFT Artist Management Platform, the Services and your NFT Artist  Management account: 

a) You register in any other person’s name to use either the Site, the NFT Artist  Management Platform, the Services and/or your NFT Artist Management account; 

b) The information You have provided is untruthful, inaccurate, outdated or incomplete; 

c) When this Agreement is amended, you state your unwillingness to accept the  amended Agreement; and 

d) Any other circumstances where NFT Artist Management deems it should terminate your access to the Site, the NFT Artist Management Platform, the Services and/or your NFT  Artist Management account. 

45. Variation

NFT Artist Management may amend the Agreement from time to time by posting the updated terms on the Site. If material changes are made, NFT Artist Management will notify You of the  changes before they become effective. By continuing to use the Site, the NFT Artist  Management Platform and the Services after the changes come into effect means that You agree to be bound by the revised Agreement. 

NFT Artist Management will not be in breach of the Agreement if we take steps in order to enable us to comply with any laws or other legal obligations. 

NFT Artist Management will not be in breach of the Agreement if we take necessary action in  order to make a change necessitated by an immediate need to restore or maintain the security of  the system. 

46. Notices

You agree that, subject to applicable law, NFT Artist Management will give all notices or other  communications to You under or in connection with the Agreement by push notification and/or email  to your email address last known to NFT Artist Management or which You last gave for sending notices and communications to You. It is your responsibility to ensure that has your current email address for this purpose. NFT Artist Management will not be responsible if You do not receive a communication as a result of not providing NFT Artist Management with your  current email address. 

If a law prohibits the giving of notices or other communications by electronic communication, then  subject to the requirements at law, NFT Artist Management may give the notice or other communication by writing to You at your residential or postal address last known to us. 

If NFT Artist Management gives a notice or other communication to You by email, the content of the notice or communication may be: 

(a) Set out in the body of the email; 

(b) Included as an electronic document attached to the email; or if NFT Artist Management gives a notice or other communication to You: 

(c) By writing to You – You are considered to have received it when it is delivered to or  picked up by the local postal service; 

(d) Electronically – You are considered to have received it on the day it is transmitted. 

You agree that any notice or other communication You send to NFT Artist Management under, or in  connection with the Agreement must be sent or delivered to our registered office (Office Address: Unit 8/94 George Street, Beenleigh, 4207 QLD Australia) or otherwise be delivered in accordance with the Agreement or an instruction received from us.

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