Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and KANGAROO TRADE MARKETING LTD (Company No. 17149602, registered in England & Wales; registered address: 20 Wenlock Road, London, United Kingdom, N1 7GU), operating as Digital Collectibles Marketplace ("Digital Collectibles Marketplace", "we", "us", "our"), governing your access to and use of the website and services operated under digitalcollectiblesmarketplace.com (collectively, the "Platform"), including our NFT marketplace, creator tools, wallet authentication, and related services (collectively, the "Services"). Card or crypto checkout may be served from a payment partner subdomain or page; those flows are still part of the Services governed by these Terms.

By visiting the Platform, connecting a wallet, creating a listing, purchasing an NFT, or otherwise accessing any portion of the Services, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms and our Privacy Policy;
• You are entering into a legally enforceable contract with Digital Collectibles Marketplace;
• If you are acting on behalf of an entity, you represent that you have authority to bind that entity.

We may update these Terms at any time. Continued use of the Services after any modification constitutes acceptance of the revised Terms.

2. Eligibility

To access or use the Services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher;
• Have the legal capacity to enter into a binding agreement;
• Not be a citizen or resident of any jurisdiction where the use of our Services is prohibited, restricted, or requires licensing that Digital Collectibles Marketplace does not hold;
• Not be subject to any sanctions administered by the European Union, United States OFAC, United Nations Security Council, or any other applicable government authority.

We reserve the right to request proof of eligibility at any time. Users who do not meet eligibility requirements must immediately cease using the Services. By using our Services, you represent and warrant that you meet all eligibility requirements at the time of each use.

3. Nature of Service

Digital Collectibles Marketplace operates a non-custodial NFT marketplace that enables users to discover, create, list, buy, and sell digital collectibles and NFTs. The Platform is currently live on Polygon; support for additional blockchains such as Ethereum and BNB Chain may be added in future releases.

The Services include, without limitation:

• Marketplace Trading — browsing, listing, and purchasing NFTs and digital collectibles offered by creators and third-party sellers;
• Creator Tools — uploading media, creating collections, minting ERC-721 tokens, and managing listings;
• Wallet Authentication — sign-in with an EVM-compatible wallet (Sign-In with Ethereum);
• Discovery — search, collection pages, activity feeds, and creator profiles;
• Payment Integration — card or crypto checkout facilitated through third-party payment partners where available.

Digital Collectibles Marketplace is not a licensed investment adviser, broker-dealer, exchange, custodian, portfolio manager, or financial institution. NFTs offered on the Platform are digital collectibles and marketplace items; they are not securities, investment contracts, or guaranteed sources of profit.

4. Digital Collectibles and NFTs

4.1 Ownership

When you purchase or mint an NFT through the Platform, you acquire ownership of the ERC-721 token recorded on-chain in your designated wallet address, subject to the intellectual property licence described below. Ownership of the token does not grant equity in Digital Collectibles Marketplace or automatic commercial rights to underlying artwork except as expressly stated by the creator or on the relevant listing page.

4.2 Marketplace Role

Digital Collectibles Marketplace provides infrastructure for creators and collectors to list, discover, and transact in NFTs. We may facilitate checkout, metadata display, and order records, but on-chain transfers and sales are primarily between users unless we are expressly identified as the seller on a given listing page.

4.3 Listings and Transfers

Sellers are responsible for the accuracy of listing descriptions, pricing, and royalty settings. NFTs may be transferred in accordance with the relevant blockchain network and applicable smart contract rules. Resale prices and demand are determined by the market; we do not guarantee liquidity, resale value, or that any transaction will complete.

4.4 Creator Content

Creators represent that they have the rights necessary to mint and sell listed digital artwork or collectibles. Digital Collectibles Marketplace may remove listings or suspend accounts that violate intellectual property rules or these Terms.

4.5 No Guarantee of Value

We make no representation regarding future price, demand, or resaleability of any NFT. Digital collectibles are speculative digital assets; you may lose the entire amount paid.

5. Purchases and Payments

5.1 Payment Methods

Purchases may be completed via credit/debit card through our integrated payment provider, or via crypto assets including ETH and USDC. All prices are displayed in USD. Exchange rates, gas fees, and processing fees are subject to variation and are your responsibility.

5.2 Finality of Purchase

Once a minting or transfer transaction has been initiated, purchases are generally final and non-refundable, except where required by applicable law, applicable payment scheme rules, or as set out in our Refund & Dispute Policy.

5.3 Failed Transactions

In the event of a failed transaction due to network congestion, insufficient gas, or technical error, any network gas fees incurred are non-refundable. Please verify all transaction details before confirming a purchase.

5.4 Taxes

You are solely responsible for determining and paying all applicable taxes, including VAT, capital gains tax, and income tax arising from your purchase, holding, transfer, or disposal of Digital Collectibles. Digital Collectibles Marketplace does not provide tax advice.

5.5 Pricing Changes

Digital Collectibles Marketplace reserves the right to modify pricing at any time. Pricing changes do not affect previously completed transactions.

6. Wallet Responsibility

You are solely responsible for the security and management of any wallet(s) used to purchase or hold Digital Collectibles Marketplace Digital Collectibles. This includes:

• Maintaining the confidentiality of your private keys and seed phrases;
• Ensuring your wallet is compatible with ERC-721 tokens on supported networks (currently Polygon);
• Any loss, theft, or unauthorized access resulting from your failure to safeguard wallet credentials;
• Providing accurate wallet addresses during checkout — transactions sent to incorrect addresses are irreversible.

Digital Collectibles Marketplace does not have custody of, access to, or the ability to recover your wallet or its contents.

7. Platform Conduct

When using the Platform, you agree not to:

• List, mint, or sell NFTs that infringe third-party intellectual property or misrepresent authorship;
• Share false, misleading, or manipulative listing information or pricing;
• Harass, threaten, or abuse other users or Digital Collectibles Marketplace staff;
• Use the Platform to facilitate fraud, scams, money laundering, or market manipulation;
• Distribute malware, phishing links, or harmful content;
• Circumvent platform fees, security controls, or listing restrictions;
• Use automated bots or scrapers to extract data or interfere with marketplace operations without permission.

Violations may result in suspension or permanent removal of listings and accounts without refund.

8. Intellectual Property

8.1 DCM's Rights

All content on the Platform, including but not limited to the website design, text, graphics, logos, NFT artwork, creator media, platform software, and related content produced by or licensed to Digital Collectibles Marketplace, is protected by applicable intellectual property laws.

8.2 Limited Licence to You

Upon purchasing or minting an NFT, you receive a personal, non-exclusive licence to display the associated artwork for personal, non-commercial purposes unless the creator or listing page expressly grants broader rights. This licence does not include the right to modify, reproduce, commercialise, or create derivative works based on third-party intellectual property without permission.

8.3 Feedback

Any feedback, suggestions, or ideas you submit to Digital Collectibles Marketplace may be used by us without restriction, compensation, or obligation.

9. No Investment Advice

Nothing on the Platform constitutes, and nothing herein should be construed as:

• Investment advice or a personalized investment recommendation;
• Solicitation to buy, sell, or hold any financial instrument or digital asset;
• Portfolio management or discretionary trading services;
• Financial planning or tax advice.

Any historical examples, frameworks, or analyst opinions referenced on the Platform are not guarantees of future outcomes. You are solely responsible for your own decisions, and Digital Collectibles Marketplace bears no liability for losses arising from reliance on informational content.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL COLLECTIBLES MARKETPLACE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM MALWARE;
• THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR EDITORIAL MATERIALS;
• THAT DEFECTS WILL BE CORRECTED;
• THAT THE PLATFORM OR ITS SERVERS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL COLLECTIBLES MARKETPLACE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUES, BUSINESS, DATA, OR GOODWILL;
• FINANCIAL LOSSES ARISING FROM RELIANCE ON ANY CONTENT, PRICING, OR DATA DISPLAYED ON THE PLATFORM;
• LOSSES RESULTING FROM BLOCKCHAIN FAILURES, SMART CONTRACT BUGS, OR NETWORK CONGESTION;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR WALLET, ACCOUNT, OR DATA;
• ERRORS OR OMISSIONS IN ANY CONTENT ON THE PLATFORM.

IN JURISDICTIONS THAT DO NOT PERMIT EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS EXCLUDES LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR DEATH/PERSONAL INJURY CAUSED BY NEGLIGENCE.

12. Indemnification

You agree to defend, indemnify, and hold harmless Digital Collectibles Marketplace and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of or inability to use the Services;
• Your breach of these Terms or any applicable law;
• Your violation of any third-party rights, including intellectual property rights;
• Any NFT listings, content, or actions you take on the Platform;
• Any tax obligations arising from your transactions.

13. KYC, AML, and Sanctions Compliance

Digital Collectibles Marketplace is committed to compliance with applicable anti-money laundering (AML), know-your-customer (KYC), and sanctions screening obligations. We reserve the right to:

• Request identity verification documentation prior to or following any transaction;
• Suspend or terminate access where we have reasonable grounds to suspect fraud, money laundering, terrorist financing, or sanctions violations;
• Report suspicious activity to relevant authorities as required by law;
• Block access from jurisdictions subject to comprehensive international sanctions.

By using the Services, you represent that you are not acting on behalf of any sanctioned individual, entity, or jurisdiction.

14. Prohibited Activities

You agree that you will not:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation;
• Attempt to reverse-engineer, decompile, or gain unauthorized access to any part of the Platform;
• Use automated tools, bots, or scrapers to access or collect data from the Platform;
• Manipulate or interfere with the proper functioning of the Platform or its security features;
• Use the Services to facilitate fraudulent or deceptive activity;
• Create multiple accounts to circumvent restrictions or limitations;
• Impersonate Digital Collectibles Marketplace or any of its staff, analysts, or representatives.

15. Suspension and Termination

Digital Collectibles Marketplace reserves the right, at its sole discretion, to suspend, restrict, or permanently terminate your access to the Services at any time and without prior notice where:

• You have breached any provision of these Terms;
• We are required to do so by law, regulation, or court order;
• We suspect fraud, money laundering, or sanctions violations;
• You have engaged in conduct that poses a reputational or legal risk to Digital Collectibles Marketplace.

Upon termination, your right to use the Platform ceases immediately. Any NFTs you hold remain digital tokens in your wallet; Digital Collectibles Marketplace does not buy back or redeem NFTs. Termination does not give rise to any right of refund except where required by law or our Refund Policy.

16. Third-Party Services

The Platform may integrate or link to third-party services including blockchain networks, payment processors, wallet providers, analytics tools, and marketplace platforms. These third-party services are governed by their own terms and privacy policies. Digital Collectibles Marketplace:

• Does not endorse, control, or assume liability for any third-party services;
• Is not responsible for downtime, errors, or losses arising from third-party services;
• Encourages you to review the terms and privacy policies of any third-party service you use in connection with our Platform.

17. Amendments to These Terms

Digital Collectibles Marketplace may amend these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this document;
• Post a notice on the Platform where reasonably practicable.

Continued use of the Services following the effective date of any amendment constitutes your acceptance of the revised Terms. If you disagree with any amendment, you must stop using the Services.

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms shall be governed by and construed in accordance with applicable law. Where you are a consumer in the EEA, mandatory consumer protection laws of your country of residence apply.

18.2 Informal Resolution

Before initiating any formal dispute process, you agree to contact us at legal@digitalcollectiblesmarketplace.com to attempt resolution informally. We will endeavour to respond within 14 business days.

18.3 Dispute Resolution

Disputes that cannot be resolved informally may be submitted to competent courts. EEA consumers may also submit disputes to their local alternative dispute resolution (ADR) body or use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

19. Contact Information

For any questions, complaints, or legal notices regarding these Terms, please contact:

• Company: KANGAROO TRADE MARKETING LTD
• Reg. No.: 17149602 (registered in England & Wales)
• Registered address: 20 Wenlock Road, London, United Kingdom, N1 7GU
• Support: support@digitalcollectiblesmarketplace.com
• Legal / Business: legal@digitalcollectiblesmarketplace.com
• Partnerships: partnerships@digitalcollectiblesmarketplace.com
• Website: digitalcollectiblesmarketplace.com