The information provided on this website is for general informational purposes only and does not constitute financial, trading, or any other form of professional advice.
These Terms and Conditions ("Terms") govern your use of the Digicask.com website (the "Website") and the services provided through it (the "Services"). The Website is owned and operated by Proofworks Limited, a company registered in the United Kingdom under company number 13347596, with headquarters in London ("Company," "We," "Us"). The Website is accessible at Digicask.com and may also be available through other domains or channels.
By accessing or using this Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must refrain from using the Website and its Services.
If you are using the Website on behalf of a business or entity, you confirm that you have the authority to bind that entity to these Terms and agree to them on its behalf.
We reserve the right to amend these Terms at any time at our sole discretion. Continued use of the Website after any modifications constitutes your acceptance of the revised Terms. If you disagree with the changes, you must cease using the Website. It is your responsibility to periodically review these Terms, which are available on the Website.
Our Services enable users to purchase physical assets, such as whisky casks, during their maturation period. Purchases are represented by a DLT-based non-fungible token ("NFT"), known as the Digital Deed.
A Digital Deed is a DLT-based NFT that certifies ownership of a physical asset stored in a bonded facility on behalf of the issuer of the Digital Deed. A bonded facility is a secure, industry-compliant storage location.
The Company and its subsidiaries are not responsible for claims made by individual issuers on our platform. Please refer to the Issuer's Terms & Conditions when purchasing products. Services involving alcoholic beverages are restricted to adults.
The Website is provided "as is" without any warranties, express or implied. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content for personal, non-commercial purposes, subject to compliance with these Terms.
You may not use, copy, modify, distribute, reverse-engineer, or exploit any content, software, or materials from the Website without prior written consent. Unauthorized use terminates the license granted under these Terms.
By submitting feedback or comments, you grant us the right to use them for any purpose without restriction or compensation.
The Website does not provide recommendations or endorsements regarding the quality, safety, or reliability of the Services. It serves solely as a promotional platform.
You must use the Website in compliance with applicable laws. The following actions are strictly prohibited:
Violations of these Terms may result in the suspension or termination of access to the Website and legal action where applicable.
To participate in the purchase of Digital Deeds, you must provide all necessary identification information as required by applicable Anti-Money Laundering Acts and the Anti-Money Laundering Ordinance (AMLO).
By using our site, you agree that the Company may collect, process, and use your personal data in accordance with our Privacy Policy. This policy outlines how we handle any personal data you provide to us or that we collect from you. You consent to such processing and confirm that all data you provide is accurate.
By registering on our Website and creating an Account, you agree to: (a) Provide accurate, current, and complete information about yourself. (b) Maintain and promptly update your account information as necessary. (c) Keep your password secure and accept all risks of unauthorized access to your Account and information. (d) Immediately notify us if you suspect any security breaches related to your Account or our Service.
Additionally, you agree that you will not:
The Company may request additional information or documents in compliance with legal obligations, including anti-money laundering and counter-terrorism financing laws. We may also request such information if we suspect:
If requested, you must provide complete and accurate information. The Company reserves the right to pause or cancel transactions until the required information is reviewed and deemed satisfactory. Failure to comply may result in refusal to provide the NFT.
You may operate on our Website by linking your digital wallets via supported extensions such as Casper Signer or Metamask. Your hot wallet, where Digital Deeds are stored, is provided by the Platform. The keys can be downloaded, but their security and recoverability are your sole responsibility.
All transactions conducted through our Service are facilitated by third-party electronic wallet extensions. By using our Service, you agree to be governed by the Terms of Service and Privacy Policy of the applicable wallet provider.
You may not assign any rights, licenses, or obligations under these Terms without our prior written consent. Any unauthorized assignment will be void. The Company reserves the right to assign its rights, licenses, and obligations without restriction.
All intellectual property and proprietary rights related to the Website's content (including software, code, text, graphics, designs, videos, and other materials) belong exclusively to the Company or its licensors. This includes: (i) The Website itself. (ii) All associated designs, layouts, software, and technical information.
Unless expressly permitted, you may not distribute, reproduce, modify, publicly display, or transmit any part of the Website Content without prior written consent from the Company.
You may not attempt to derive the source code of any software associated with the Website, nor may you reverse-engineer, decompile, disassemble, or modify any part of it.
The Company and its licensors retain all rights to the Software and its modifications, subject to applicable open-source software laws.
The Company's names, logos, product names, and service marks are trademarks of the Company or its licensors. Access to the Website does not grant permission to use any name, logo, or mark in any manner.
Digicask® is a registered trademark, and Digicask.com is a domain name owned by the Company. You may not use Digicask™ branding or trademarks in a way that suggests endorsement by the Company without prior written permission.
Any goodwill resulting from the use of the Company's trademarks and business names will remain the property of the Company and its affiliates.
The Company reserves the right to:
The Website and its content may not be available in all territories. We may restrict or prohibit access in certain jurisdictions.
As a web-based platform, the Website may experience temporary downtime due to maintenance or technical updates. We do not guarantee uninterrupted service and are not responsible for any damages or losses resulting from service interruptions.
You acknowledge and agree that your access to and use of the Website is solely at your own risk. To the fullest extent permitted by applicable law, the Website is provided on an "as is," "as available," and "under development" basis. The Company expressly disclaims all representations, warranties, and conditions (whether express or implied, oral or written), including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. All content on the Website is for informational purposes only and is not intended to be binding on the Company. You should not rely on this content in any way.
The Company does not guarantee the availability, accuracy, or lawfulness of the Website, its software, content, or any services or information provided. The Company does not verify, update, or correct such information and does not warrant uninterrupted, error-free, or virus-free operation of the Website. No oral or written information, guidance, or advice from the Company creates any warranty. These disclaimers apply to the fullest extent permitted by law.
Certain jurisdictions may not allow disclaimers of implied warranties, meaning some provisions may not apply to you. The Company is not responsible for the actions or conduct of any visitor or user. The Company and its affiliates are not liable for any claims, injuries, or damages arising from the acts or omissions of users.
Any warranty, condition, or term implied by law regarding the Website (including but not limited to quality, fitness for purpose, and reasonable care) is expressly excluded. If you have a dispute with another visitor, user, or third party, you agree to release the Company and its affiliates, officers, directors, employees, agents, shareholders, licensors, and suppliers from all claims, demands, and damages related to such disputes.
These Terms define the full extent of the Company's obligations and liabilities regarding the Website. To the maximum extent permitted by law, the Company disclaims all liability for damages, including data loss, income loss, or other harm caused by the Company or third parties. This includes misuse of user data, viruses or malware, and any violation of these Terms by users or visitors. The Company is not liable for personal injury, lost profits, or other indirect, incidental, special, or punitive damages resulting from Website use or inability to use it. However, nothing in these Terms excludes liability for fraud, death, or personal injury caused by negligence. These exclusions apply to the fullest extent permitted by law. In jurisdictions that do not allow certain limitations, some provisions may not apply.
In no event shall the Company's total liability exceed one hundred Swiss francs (CHF 100). Any claim must be filed within one (1) month of discovering the alleged issue; otherwise, it is time-barred.
The Company is not responsible for any damages, losses, delays, or inconveniences caused by circumstances beyond its reasonable control. Such circumstances include, but are not limited to, war, riots, terrorism, industrial disputes, natural or nuclear disasters, fire, extreme weather, utility service failures, or government actions.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, independent contractors, service providers, directors, officers, employees, and agents from all third-party claims, damages, costs, liabilities, and expenses (including legal fees) arising from: (a) Your use or inability to use the Website; (b) Your violation of these Terms, policies, warranties, or applicable laws; (c) Your infringement of any third-party rights.
The Website may contain links to third-party websites. The Company is not liable for the content, accuracy, completeness, or security of any third-party websites. These links are provided for convenience, and the Company has no control over third-party content.
These Terms are governed by the laws of the United Kingdom, excluding conflict of laws principles. Any disputes that cannot be resolved amicably or through mediation will be subject to the exclusive jurisdiction of the courts in London, United Kingdom.
If a court finds any provision invalid but enforceable with limitations, such provision shall be deemed modified accordingly to be valid and enforceable.