Terms Of Use, Purchase Agreement, Disclaimer & Privacy Policy

Last Updated 17th October 2022

TERMS OF USE

We maintain this page to demonstrate our firm commitment to the rights and privacy of our users.

This page explains how our site collects information from our users and members, and our purchase agreement.

This website is owned and operated by Weller ("us", "we" and our"), based in the United Kingdom.

Your access to and use of this website is subject to these terms and conditions, and any notices, disclaimers or other terms and conditions or other statements contained on this website (referred to collectively as "Terms and Conditions").

By using this website you agree to be subject to the Terms and Conditions.

The following terms and conditions regulate the access to and use of the Services (as defined below). Please review the terms and conditions carefully.

In these terms and conditions, certain definitions (identified with initial capitalization) used shall have the meaning as specified below. In addition, the following additional definitions shall have the meanings set forth below. Additional definitions are also provided else-where in these terms and conditions.

"Agreement" means these terms and conditions including all policies, procedures and/or guidelines which appear on the Website from time to time.

"Consumer" means as defined in article 2 of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.

"Directive on electronic commerce" means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market.

"Membership" or "Services" means the products and service that we sell on Weller.

Use of the services

Only individuals that are 18 years or older are permitted to use the Services that are free of charge. The Website is not intended for children under the age of 18. Weller does not target its Services or the Website to children under the age of 18.

Weller does not knowingly collect Personal Data (defined below) from children under the age of 18.

The Membership may only be used for purpose of your trade, business or profession and only individuals that are 18 years or older are permitted to subscribe to the Membership.

Price for the membership

The fee for the Membership will vary depending on the service we offer at the time you join (the "Membership Fee"). The Membership Fee shall be paid in advance by "minting" from our site, or buying Weller on a secondary trading site such as OpenSea (or any other payment method designated by Weller from time to time). For more information about OpenSea, its current terms and conditions for services visit http://www.opensea.com.

Weller reserves the right to modify the Membership Fee and the prices for other Services from time to time in its sole discretion to cover any increase in Weller costs for the Services (including but not limited to increased costs of materials, labor, services, currency fluctuations or as a result of government taxes and levies).

DISCLAIMER AND LIMITATION OF LIABILITY

(A) Weller Services merely provides you with a technical application for NFT analysis and monitoring. You agree and acknowledge that you must evaluate and bear all risks associated with the application of the Services, suppport, software and training. You further agree and acknowledge that Weller does not pre-screen the third-party trades, mints, data or any content inside its tools.

Weller assumes no responsibility or liability for any errors, costs, loss, disclosure of or related to website downtime, feed downtime, trade downtime, inaccurate data, or other information or data not being transferred to or published on any website or caused by malfunction in a transfer facility.

WELLER DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES APPLICABLE TO THE WEBSITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF CONDUCT OR TRADE PRACTICES.

(B) Weller is not liable for any delay in performance of its obligations under this Agreement caused by circumstances that were not reasonably foreseeable by Weller at the time of entering into this Agreement and the effects of which could not reasonably be avoided or overcome, including but not limited to, disruption or delay in external networks or telephony connections or shortage in power supply. Weller shall not in any case be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this Agreement or use of Weller, even if we have been advised of the possibility of such damages, and regardless of the legal theory on which any such damages may be based.

Privacy

We will comply with obligations imposed on us by applicable Data Protection legislation. We shall use personal information provided by you in accordance with the provisions of our Privacy Agreement.

Disclaimer and limitation of liability

To the maximum extent permitted by law, we will not be liable in any way for any loss or damage suffered by you through use of or access to this website, or our "feeds" - or our failure to provide this website or feeds. Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide this website or any part of it, or for any problems with this website, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to re-supplying this website or any part of it to you, or to paying for the re-supply of this website or any part of it to you.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Jurisdiction

These Terms and Conditions are governed by the law in force in the United Kingdom, and the parties irrevocably submit to the non-exclusive jurisdiction of the UK courts for determination of any dispute concerning the Terms and Conditions.

Amendment

Whilst we have made every effort to ensure the accuracy of the information on this website, the information given on the website is subject to change, often without notice.

These terms and conditions can be modified at any time by us and you agree to continue to be bound by these Terms and Conditions as modified. We will give you notice of these changes by publishing revised Terms and Conditions on this website - we will not separately notify you of these changes.

Website

We do our best to insure that the website is available 24 hours per day but we cannot be held liable if for any reason the site is not available.

Anything on our site is either ours, or we are using it with the person and/or organisation's who had rights to it, permission. The information we provide on this website is not meant for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement in such jurisdiction or country. This includes any intellectual property violation against us or the lawful owner by you.

Anytime you decide to click on any link to any site from our site, it doesn't mean that we have checked these other sites. By it's very nature, Weller has no control over third-party links and makes absolutely no guarantees regarding their safety or trustworthiness. You must use links at your own risk.

If you say or put up any information anywhere on our site or Discord, or any other platforms we run, you and you alone will be held responsible for any law you break by doing so. Bottom line: don't publish anything illegal on, or via, our site, Discord or other properties - or try to offend anybody with any unlawful, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, nasty or profane material.

Because it's our site and we may need to change things on it from time to time, we do reserve the right to change these terms and conditions without notice.

But don't worry…you can check for updates to this disclaimer or our policies at any time just by visiting this page.

Of course the content of this website is copyright protected so this means that it may not be copied or reproduced in any way or for any reason, without our express written permission.

Severability

If the whole or any part of a provision of these Terms and Conditions is void, unenforceable or illegal in a jurisdiction then that provision or, if permissible, the relevant part of it, will be severed in respect of that jurisdiction. The remainder of the Terms and Conditions will have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause will have no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.

Intellectual Property

All copyright, database rights, trademarks and other intellectual property rights in the content of this website belongs to us or a third party including our licensors. This content may include names, terms and/or data which may or may not be identified with a symbol identifying it as a name, term or item in which copyright is claimed or a registered trademark is held. The lack of any such symbol should not, under any circumstances, be understood as meaning that the name, term or data is not the intellectual property of either ourselves or a third party.

Any third party intellectual property used by us in the content of our website should not be interpreted as meaning that the third party owner sponsors, endorses or is in any way affiliated with us or with our business, nor that they make any representation regarding the advisability of our products.

Except where necessary in order to view the information on this website on your browser, or as permitted under UK law or these Terms and Conditions, no information or content on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, redistributed, shared, performed in public, distributed or transmitted in any form by any process without our specific written consent.

Notices

If you provide Weller with an email address or join one of our social media platforms (such as Discord), we may send notices to the email address provided to us by you, or to a community of which you are a member. It is your responsibility to ensure that you notify us of any change to your email address, and to monitor our social media platforms for update. In particular, any notice sent by us to your email address shall be deemed to have been delivered at the time of sending.

Termination

We have the right to terminate your use of this website or any subscription, membership, agency or distributor agreement if we determine in our sole discretion that you have breached the Terms and Conditions.

External Links To Websites

We may provide links to other, external web sites that provide information which we may we determine at our discretion as containing the most useful information related to our product(s).

While many sites provide very useful information, we only provide links to those sites which provide the content which relates to our core product.

We may change these links at any time as more useful or relevant sites are brought to our attention. We use them only to enrich this site for our customers. Any and all requests for inclusion of a link on this site is first and primarily evaluated with the needs of our clients or customer in mind.

External web sites will generally not meet our purposes if they contain, suggest, or infer any of the following:

1. Advocacy of or opposition to any politically, environmentally, or socially controversial subjects, issues, or candidates.
2. Disparaging or promoting any person or class of persons.
3. External content not suitable for readers or viewers of all ages, or links to or other promotion of businesses whose
4. products or services are not suitable for persons of all ages.Promoting or inciting illegal, violent, or socially undesirable conduct.
5. Promotion or availability of alcohol or tobacco products.
6. Promotion or availability of illegal drugs.
7. Promotion or availability of adult or sexually oriented entertainment or materials.
8. Promotion, opposition, or availability of weapons.
9. Promotion, opposition, or availability of gambling.
10. Claims of efficacy, suitability, desirability, or other non-objective statements about businesses, products, or services.
11. Content that infringes on any trademark, copyright, or patent rights of another.
12. Claims or representations in violation of advertising or consumer protection laws.
13. Content that a reasonable citizen may not consider to maintain the dignity and decorum appropriate for government.

This list is a nonexclusive list. Our external link policy applies only to web sites outside of our own.

Procedures will be put in place by the webmaster in order to monitor the implementation and continuing oversight of this policy.

Such procedures will include a process for review of all new requests for external content links from our Web page to another page. This will be done to ensure compliance with this policy prior to granting the request.

The following guidelines will be used to evaluate each request for such a link:

Is the content relevant?

In other words, does the site provide information or services which are not already available or linked to ours?

If not, is the quality of the site comparable to or better than what is already provided?

Other questions that will be asked include:

Is the site well designed, easy to use, cross-browser compliant, and accessible to people with disabilities?

We reserve the right, at our sole discretion and without explanation, to withdraw at any time any external content for any reason.

Relationship of parties

Nothing in this Agreement or your use of the Services shall in any way constitute any agency, association, partnership, joint venture or employee-employer relationship between you and Weller. You shall not have any right, power or authority to make any representation or to assume or create any obligation, whether express or implied, on behalf of the other, or to bind Weller in any manner.

If you are an affiliate promoting our offers, you alone have responsibility for your promotions. If we find any affiliate violating our policies, we reserve the right to permanently ban the affiliate from promoting us any longer.

Your Indemnity

You agree to indemnify and hold Weller and its affiliates harmless, to the extent permitted by applicable law, from all loss and expenses, including reasonable attorney's fees, which are based on or arise from your violation of any of the provisions of this Agreement or otherwise is related to your use of our software.

Operation of service

Weller reserves the right to modify, suspend, discontinue or restrict access to any portion of its' product and/or its Services at any time without notice and for any reason and will not be liable to you in any way for possible consequences of the aforesaid.

Amendments of terms and conditions

Weller may change, amend or modify any of these terms or conditions, at any time and in Weller sole discretion. We will endeavour to notify you of any modifications. If you do not consent to any changes in these terms and conditions you must terminate this Agreement. Your continued use of the Website and Services will be subject to the then current terms applicable to the Website.

CAUTION

At all times any and all information on, or product purchased from, this website, is for educational purposes only and is under no circumstance intended to provide financial advice. No guarantee is represented from any statements about profits, cost, or income, whether express or implied. You will at all times accept the full responsibilities for all of your actions, including but not limited to profit or loss. You agree to hold us, the site legal owners, and any authorized distributors of this information at all times harmless in any and all ways. By using our product(s) and website this constitutes your acceptance of our user agreement.

You agree by using this site and accepting our terms and conditions of purchase that you agree that you, and you alone, must ensure that the use of any of the materials purchased from our site in any manner or form at all, is in compliance with your national, local, federal, state or county laws.

Privacy Terms

We will never sell, barter, or rent your email address or any other information to any unauthorized third party

How we gather information from users:

How we collect and store information depends on the page you are visiting. Like most Web sites, this website collects information automatically and through the use of electronic tools that may be transparent to our visitors.

For example, we may log the "ether wallet" you login with, or use cookie technology to recognize you and hold information from your visit.

Types of Data collected

Among the types of Personal Data that this Application collects, by itself or through third parties, there are: wallet address, IP address and settings information. Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection.

The Personal Data may be freely provided by the User, or collected automatically when using this Application.

Any use of Cookies - or of other tracking tools - by this Application or by the owners of third party services used by this Application, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User.

Failure to provide certain Personal Data may make it impossible for this Application to provide its services.

The User assumes responsibility for the Personal Data of third parties published or shared through this Application and declares to have the right to communicate or broadcast them, thus relieving the Data Controller of all responsibility.


 

PRIVACY POLICY

Mode And Place Of Processing The Data

TERMS OF USE

Method of processing

The Data Controller processes the Data of Users in proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification or unauthorized destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.

Place

The Data is processed at the Data Controller's operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.

Conservation Time

The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request the Data Controller for their suspension or removal.

The use of the collected Data

The Data concerning the User is collected to allow the Application to provide its services, as well as for the following purposes: Contacting the User. The Personal Data used for each purpose is outlined in the specific sections of this document.

What we do with the information we collect:

Like other Web publishers, we collect information to enhance your visit and deliver more individualized content, advertising and services. We respect your privacy and do not share your information with anyone.

Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive).

We may use Personally Identifiable Information collected on the website to communicate with you about your registration; our privacy policy; services and products offered by this website and other topics we think you might find of interest.

We may use Personally Identifiable Information collected on the website to tailor our marketing to you; for example, by displaying your country or city on our website, or in promotional emails, or to make personalised offers.

Affiliated sites, linked sites and advertisements:

This website expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you might click a link to, or view as part of a frame, page, certain content that is actually created or hosted by a third party. Also, through this website you may be introduced to, or be able to access, information, Web sites, features offered by other parties. This website is not responsible for the actions or policies of such third parties.

We do not and cannot monitor every website we link to.

You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.

Children:

We do not knowingly collect or solicit Personally Identifiable Information from or about children under 13.

If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe that we have any information from or about anyone under 13, please contact us at the email address listed on our support page. Only persons 18 years of age and older and who qualify as Major emancipated persons in terms of the laws of their country, may participate or purchase our products or receive our services.

While on our site, our advertisers, promotional partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Other features available on our site may offer services operated by third parties and may use cookies or other technology to gather information. We do not control the use of this technology by third parties or the resulting information, and we do not accept responsibility for any actions or policies of such third parties.

Changes to this Policy:

We reserve the right to change this policy at any time. Please check this page periodically for changes.

Governing law:

This policy and the use of this Site and purchase of any product from this site are governed by the laws of the UK.

This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.

By becoming a member of this website or using this website you agree that you unconditionally accept this disclaimer agreement.

You further agree that the owners of Weller, its Directors and representatives can not be held liable for any losses, injury or damages the user may claim as per the laws of UK or any other country.


 

EARNINGS DISCLAIMER

Earnings Disclaimer:

Every effort has been made to accurately represent this product and it's potential. There is no guarantee that you will earn any money using the techniques and ideas in these materials.

Examples in these materials are not to be taken as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas, techniques and the effort put forth. We do not purport this as a "get rich scheme", and nor should you view it as such.

Your level of success in attaining the results claimed in our materials depends on the time you devote to the methods, ideas and techniques mentioned, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level.

Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques.

Results vary, and as with any money-making opportunity, you could make more or less. Success in ANY money-making opportunity is a result of hard work, time and a variety of other factors. No express or implied guarantees of income are made by Weller.

Newsletter, social media and mailing list:

We respect the privacy of our users, and as such we will never share our database of email addresses, names or social media users with any third party at any time. You can unsubscribe at any time and unjoin or unfollow our social channels at any time. Upon confirmation that you would like to join our newsletter or social media platforms, we will from time to time send you free information relating to the products we market, general advice related to NFTs, and promotional material for other products. Your email will never be passed onto any third party. We will also never spam you. You may unsubscribe from any mailing list at any time.


 

Revisions to This Policy:

Our company reserves the right to revise, amend, or modify this policy, our Terms Of Service agreement, and our other policies and agreements at any time and in any manner, by updating this posting.

It is the responsibility of all purchasers, customers, members, subscribers, agents and distributors to read these Terms and Conditions before making any purchase or entering into any agreement or contract with our website.