From time to time, our company Gecko Labs Pte. Ltd. (“CoinGecko”, “we”, “our”, or “us”), whether by itself or in collaboration with our clients (each a “Client”, collectively, the “Clients”), may in our discretion make available to our users the opportunity to participate in “Learn & Earn” campaigns (each a “Campaign”) via our CoinGecko website at https://www.coingecko.com.   A Campaign will allow its participants to learn by watching videos, and thereafter earn cryptocurrency upon successfully passing the quiz(es) at the end of the relevant videos.

If you would like to participate in a Campaign, before doing so, please read these CoinGecko Learn & Earn Campaign Participation Terms & conditions (these “Terms & Conditions”) carefully, as these Terms & Conditions will be deemed incorporated into all Campaigns by reference, and you will therefore be bound by all provisions herein these Terms and Conditions once you sign up for, or take part in, a Campaign.

As you will be entering into a binding contract with CoinGecko upon signing up for, or participating in, a Campaign, if you do not agree to any of the provisions set out herein these Terms & Conditions, please do not sign up for or participate in any Campaigns.

PLEASE NOTE THAT ALL CAMPAIGNS ARE MEANT TO EDUCATE AND PROVIDE GENERAL INFORMATION ONLY, AND DO NOT IN ANY MANNER CONSTITUTE A RECOMMENDATION OF ANY KIND OR AN OFFER TO SELL, PURCHASE, SUBSCRIBE, OR HOLD ANY PRODUCTS (INCLUDING WITHOUT LIMITATION ANY CRYPTOCURRENCY, TOKEN OR ANY OTHER DIGITAL ASSETS REFERENCED WITHIN ANY COMPAIGNS).

1. PARTICIPATION CRITERIA

• In order to participate in a Campaign, you must first register an account with CoinGecko (“CoinGecko Account”) on https://www.coingecko.com, and while logged into your CoinGecko Account, claim CoinGecko Candy Rewards (more details of which can be found at https://www.coingecko.com/account/rewards, access our Learn & Earn webage at https://earn.coingecko.com, click on and take part in the Campaign of interest to you, watch the videos comprised in the said Campaign, successfully pass the quiz(es) thereafter watching the videos, and provide details of your e-wallet for the crediting of cryptocurrency.

• The format of each Campaign will be determined by CoinGecko and its Clients in their sole discretion. A Campaign will generally comprise of videos and quiz(zes), nonetheless, other modalities and/or formats may be adopted.

• Each Campaign will provide a different quantum of cryptocurrency (and/or other rewards, if any) that can be earned by each participant, and will be credited to your nominated e-wallet within fourteen (14) days after your successful completion of the Campaign (successful completion being deemed when you are notified that you have passed/achieved the stipulated passing score(s) of the quiz(zes) associated with the Campaign).  Please read the details of the Campaign carefully before you take part, as there will be no further entitlements or rewards except as specifically stated in the description of the Campaign. 

• For the avoidance of doubt, transfer/crediting of cryptocurrency to your e-wallet after successful completion of a Campaign may be carried out via a third party platform or vendor, for which CoinGecko and its Clients hereby disclaim all warranties thereto, except that if you did not receive your cryptocurrency entitlement within fourteen (14) days after successful completion of the Campaign, CoinGecko will use its reasonable endeavours to assist you in procuring your entitlement if you submit a ticket at https://support.coingecko.com/hc/en-us/requests/new with the details and evidence regarding your successful completion of the Campaign and non-receipt of cryptocurrency entitlement thereto.

• The results of the quiz(zes) that you take after watching the videos in the Campaign will be deemed final and cannot be disputed. CoinGecko and its Clients will not entertain any disputes in this regard.

• You can only take part one time in each Campaign. Repeat participation in the same Campaign is not permitted and you will not be entitled to any rewards (whether cryptocurrency or otherwise) for any repeat participation.

• Each Campaign is valid only for a fixed duration (“Validity Period”), which will be indicated within the description of the Campaign. Any participation must take place within the Campaign’s Validity Period (i.e. you can only participate in a Campaign during its Validity Period), as the Validity Period will not be extended by CoinGecko or its Clients.

• Notwithstanding Clause 1.7 above, CoinGecko and its Clients expressly reserve the right to change the terms, any provision of the applicable Campaign Specific Terms, Validity Period, participating eligibility criteria and payouts for all Campaigns at any time without providing any reasons or advance notice thereto, including without limitation prematurely terminating a Campaign before the end of its indicated Validity Period. You will not be howsoever compensated for your inability to participate in Campaign and/or earn cryptocurrency or other rewards (if any) thereto due to any such aforementioned changes to a Campaign.

• In addition to these Terms & Conditions, additional terms (“Campaign Specific Terms”) may be stipulated for certain Campaigns. Campaign Specific Terms shall be deemed incorporated by reference herein and shall be applicable as part of the terms binding you in relation to your participation in the relevant Campaign.  Furthermore, as you will be accessing Campaigns via CoinGecko’s website and providing your Personal Data to CoinGecko and its Clients, CoinGecko’s Privacy Policy (found at https://www.coingecko.com/en/privacy) and Website Terms and Conditions (found at https://www.coingecko.com/en/terms) (as well as any privacy policy of Clients as may be referenced in the description or Campaign Specific Terms of a Campaign) shall also be applicable to you, the provisions of which are fully incorporated by reference herein.  Accordingly, the binding contract entered into between you and CoinGecko whenever you participate in a Campaign shall comprise of all provisions herein these Terms & Conditions, therein the Campaign Specific Terms (if any are applicable to a specific Campaign), our Privacy Policy, Client’s privacy policy (if any are referenced in a Campaign Specific Terms or description of a Campaign), and Website Terms of Use (collectively, the “Agreement”).  In the event of any contradictions between any provisions, the provisions of these Terms & Conditions will take precedence, followed by Campaign Specific Terms (if any), CoinGecko’s Privacy Policy, Client’s privacy policy (if referenced in the Campaign Specific Terms or description of a Campaign), and lastly CoinGecko’s Website Terms of Use.

• By signing up for, or participating in a Campaign, you hereby agree to the collection, retention, processing, use, disclosure and transfer of your Personal Data as per CoinGecko’s Privacy Policy, any Campaign Specific Terms, and the privacy policy of CoinGecko’s Client (if referenced in the Campaign Specific Terms or description of a Campaign).

• Notwithstanding any other provisions in the Agreement, neither CoinGecko nor its Clients howsoever warrant that the description of a Campaign will be comprehensive, updated or error-free. If you have any doubts, please do not participate.  You may email contact CoinGecko at https://support.coingecko.com/hc/en-us/requests/new should you have any queries, however, we do not guarantee a response that will be satisfactory to you.

 

2. CAMPAIGN CONTENT 

• All ownership in and all rights to (including without limitation intellectual property rights) therein a Campaign and its content (“Campaign Content”) shall belong solely and at all times to CoinGecko, its Clients and/or their respective licensors of such Campaign Content (or part thereof). You will not howsoever acquire or otherwise be entitled to any rights or ownership in any Campaign, Campaign Content or part thereof by virtue of your participation in the Campaign, these Terms & Conditions, and/or any Campaign Specific Terms.

• Pursuant to these Terms & Conditions, you are provided with a non-sublicensable, non-transferable and revocable licence limited only to your viewing of the Campaign Content and answering the quizzes therein during the Validity Period of the Campaign. You hereby undertake not to howsoever, (i) make a claim in respect of any rights (including without limitation intellectual property rights) and ownership in relation to any Campaign, Campaign Content or part thereof, nor, (ii)  copy, reproduce, imitate, hack, modify, decompile, reverse engineer, share, transmit, lease, licence or distribute any Campaign Content or part thereof (or assist any other person or entity to do any of the aforegoing), without the specific prior written consent of CoinGecko.

3. PARTICIPANT’S WARRANTIES  

3.1      By signing up for, or participating in, a Campaign, you hereby represent and warrant that:

• You have fully read and understood all provisions of the Agreement (including without limitation these Terms & Conditions), and agree to be fully bound by them;
• You have the legal capacity to enter into and be bound by the Agreement, as well as to comply with and perform all provisions therein the Agreement;
• You are above 18 years of age, and are a natural individual (i.e. you are not a corporation, partnership or other legal entity established by the law);
• You are participating in Campaign(s) entirely on your own volition and discretion, and possess a basic understanding of digital assets (including cryptocurrency and tokens), and you are not relying on any representations of CoinGecko or its Clients (including without limitation not relying on any descriptions of Campaigns or any write-ups on CoinGecko’s website);
• You will not use any cryptocurrency entitlements and/or rewards received from Campaigns for any illegal purposes;
• You will not howsoever pledge, mortgage, create a security, charge, lien or other encumbrances over your entitlement to cryptocurrency upon your successful completion of a Campaign;
• Receiving cryptocurrency (and/or other rewards, if any) pursuant to your successful completion of a Campaign is not unlawful or prohibited under the laws of the jurisdiction in which you are domiciled;
• You are not the subject of any sanctions administered or enforced by any country, government or international authority nor are you resident in a country or territory that is the subject of a country-wide or territory-wide sanction imposed by any country or government or international authority;
• You will be fully and solely responsible for the payment of any tax that may arise from your acquisition, storage, use, sale or transfer of the cryptocurrency (and/or other rewards, if any) awarded pursuant to your successful completion of a Campaign; and
• All of the above representations and warranties are true, complete, accurate and non-misleading from the time of your access to and/or acceptance of possession of these T&Cs.

4. SECURITY  

• You understand and agree that you are responsible for implementing all reasonable and appropriate measures for securing your e-wallet that you use to receive and store the cryptocurrency that are awarded to you pursuant to successful completion of a Campaign, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s).    

• If your private key(s) or other access credentials are lost, you may lose access to your awarded cryptocurrency. Neither CoinGecko nor its Clients shall be responsible for any security measures relating to your receipt, possession, storage, transfer or use of cryptocurrency nor will CoinGecko or its Clients howsoever compensate you or recover your lost cryptocurrency.

5. DISCLAIMERS    

• While CoinGecko has exercised due care in the preparation of all Campaigns, Campaign description and Campaign Content displayed and/or made available on CoinGecko’s website, all such content, data, information, and materials are provided “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE”. Information pertaining to Clients are provided by the Clients themselves and CoinGecko therefore disclaims any liability thereto (whether due to inaccuracies or otherwise).

• Neither CoinGecko nor its Clients make any representations or provide any warranties, express or implied, in relation to the reliability or updatedness of Campaign Content, whether any cryptocurrency awarded are defect-free or meet your requirements, whether any rewards (including without limitation cryptocurrency) for successful completion of a Campaign will be of any value, that all access to any Campaigns will be secure, that you will be able to access any Campaign interruption-free, that any delivery modes or transmissions will be secure and virus free, merchantability of any item or service, or fitness for purpose (even if advised in advance of such purpose). Your access to and/or participation in our Campaigns is therefore fully at your own voluntary discretion and you assume all risk and liability thereto, including without limitation the risk of any virus attacks, malware, or data loss.

• For the avoidance of doubt, nothing in any of the Campaigns, Campaign Content, Campaign Specific Terms or these Terms & Conditions shall constitute a prospectus or offering document, and are not an offer to sell, nor the solicitation of an offer to buy any investment or financial instrument in any jurisdiction. The cryptocurrency entitlement (and/or other rewards, if any) for each Campaign should not be acquired for speculative or investment purposes with the expectation of making a profit on immediate or future resale.

• To the fullest extent permitted by applicable law and except as otherwise specified in writing in any Campaign Specific Terms, neither CoinGecko nor any of its Clients nor any of their respective shareholders, directors, officers, agents, representatives or employees will be liable for any direct and indirect damages, including without limitation loss of profits, loss of data, loss of opportunities, damage to equipment, special damages, indirect or consequential loss or damages howsoever arising or suffered as a result of any signing up for or participating in a Campaign, or CoinGecko’s breach of any provision herein these Terms & Conditions or any Campaign Specific Terms. Where any liability of CoinGecko and/or its Client cannot be fully excluded due to applicable laws, you agree that CoinGecko’s and its Clients’ total liability to you for all claims howsoever arising shall under no circumstance exceed S$100 which you agree is reasonable in view of the Campaigns having been provided by CoinGecko as a benefit (and for no fee) to you.  Accordingly, you agree that upon receipt of S$100 from CoinGecko, you will waive all rights against CoinGecko and its Client relevant to the Campaign(s) from which your claim(s) arises and will make no further claims whatsoever against CoinGecko or its said Client.

• You are strongly encouraged to conduct your own due diligence and checks before deciding to participate in any Campaign and/or howsoever trade or use any cryptocurrency (and/or other rewards, if any) awarded to you thereafter your successful completion of the Campaign.

6. TAXATION

6.1      You are solely responsible for determining whether the allocation of cryptocurrency, other Campaign rewards, and/or any other action or transaction contemplated in relation to any Campaigns give rise to any tax implications on your part.

6.2      You undertake to be fully and solely responsible for withholding, collecting, reporting, paying, settling and/or remitting any and all taxes to the appropriate tax authorities in such jurisdiction(s) in which you may be (or become) liable to pay tax. Neither CoinGecko nor its Clients shall be responsible for withholding, collecting, reporting, paying, settling and/or remitting any taxes (including, but not limited to, any income, capital gains, sales, value added or similar tax) under or in connection with any Campaigns, these Terms & Conditions, and/or your receipt, subsequent use or trading of the cryptocurrency (and/or other rewards, if any) awarded pursuant to a successfully completed Campaign (which you acknowledge is not the liability of CoinGecko or any of its Clients).

7. INDEMNIFCATION

7.1      You agree to fully indemnify, defend and hold CoinGecko, its Clients and their respective shareholders, directors, officers, employees, representatives, agents, subcontractors, and licensors harmless from and against any and all claims (including but not limited to third party claims for intellectual property infringement due to your breach of Section 2), damages, costs and expenses (including but not limited legal fees and settlement payments on a full indemnity (solicitor-client) basis) arising from or related to your breach of any of the provisions herein the Agreement.

7.2      For the avoidance of doubt, regardless of the indemnification received by CoinGecko or its Client from you, CoinGecko and its Client shall have full authority and charge over its own defence, legal actions, and settlement proceedings in relation to any third party claims without any reference to you.

8. 8. PERSONAL DATA  

8.1      Except with your prior consent, CoinGecko will not disclose, transfer, process, use or retain your Personal Data except as permitted under the Agreement. Nonetheless, you understand and agree that CoinGecko and/or its Clients may be required to disclose your Personal Data and/or certain other information about you to the extent required by applicable law or by an order of a court or competent governmental or regulatory authority. By signing up for, or participating in, a Campaign, you hereby expressly agree and consent to your Personal Data being disclosed to third parties to any extent required for the purposes of compliance with applicable laws or regulations.  “Personal Data” shall refer to all information, whether true or otherwise, that can be used, singly on its own or in conjunction with other likely to be available information, to identify an individual.

8.2      Your Personal Data shall be processed in accordance with the Personal Data Protection Act 2012, and you agree that in addition to the permission that you grant to CoinGecko pursuant to CoinGecko’s Privacy Policy (which constitutes part of the Agreement with you when you sign up for or participate in a Campaign), the relevant data controller may directly or through our service providers or agents process your Personal Data for any one or more of the following purposes:

(i)    the processing of your participation in and/or transactions related to the Campaigns and the transferring to you their associated cryptocurrency or other rewards (if any);

(ii)   providing you with information about Campaigns, Clients, upcoming Campaigns, and related services and products;

(iii)  compliance with any requirement imposed by applicable law, applicable regulation, or an order of a court or competent governmental or regulatory authority;

(iv)  replying to and managing queries and complaints;

(v)  resolving any disputes with you;

(vi)  producing summary information for analytical (whether to improve our Campaigns, services or otherwise), statistical, regulatory and audit purposes; and

(vii) any other reasonable purposes permissible and in accordance with the Personal Data Protection Act 2012.

8.3      You have a right to access your Personal Data and undertake to inform CoinGecko promptly of any changes to your Personal Data to ensure such data remains accurate and updated.

9. GOVERNING LAW AND JURISDICTION 

9.1      These Terms & Conditions (together with all provisions of the Agreement) and accordingly your agreement thereto shall be governed by and construed in accordance with the laws of the Republic of Singapore, without reference to any conflict-of-law principles.

9.2       In the event of any disputes arising from these Terms & Conditions, Campaign Specific Terms, or any other provisions of the Agreement, or your participation in any of our Campaigns, you must first contact CoinGecko’s officer at https://support.coingecko.com/hc/en-us/requests/new regarding your dispute, and use your best endeavours to amicably settle any dispute in good faith.  We on our part will also use our best endeavours to amicably settle your concerns in good faith.  However, if no amicable resolution is reached within 30 days, both parties agree to submit to the exclusive jurisdiction of the Courts of Singapore.

10. GENERAL TERMS

10.1    CoinGecko reserves the right to amend these Terms & Conditions, as well as any Campaign Specific Terms, at any time from time to time without notice or reference to you.  The effective date of these Terms & Conditions as may be amended will be the date stated at the beginning of these Terms & Conditions indicated as the “Latest Version”.  You agree that it is your responsibility to regularly check the CoinGecko website at https://www.coingecko.com for the latest version of these Terms & Conditions, and to read, understand and agree to them before you participate in any Campaigns, because once you participate in any Campaigns, such version of these Terms & Conditions will be deemed fully accepted by and binding on you.

10.2    The provisions of the Agreement constitute the entire agreement between you and CoinGecko in relation to its subject matter, and shall supersede any and all other representations and agreements (whether verbal or written) between you and CoinGecko, unless otherwise expressly agreed to by you and CoinGecko in writing.

10.3    Nothing in these Terms & Conditions shall be deemed to create any form of partnership, joint venture or any other similar relationship between you and CoinGecko, CoinGecko’s Clients, and/or other individuals or entities involved with the Campaigns.    

10.4    You are not permitted to assign or transfer any of your rights or obligations hereunder the Agreement to any third parties.  You agree that CoinGecko and its Clients are permitted to transfer, assign and/or subcontract any of their rights and obligations (or part thereof) hereunder these Terms & Conditions at any time to any third parties without any notice or reference to you. 

10.5    If any provision or clause of these Terms & Conditions, any of our other terms and conditions constituting the Agreement, or part thereof respectively, is rendered void, illegal or unenforceable by any legislation or laws to which it is subject, it shall be modified so as to give effect to its intention, or where such modification is not possible, that provision or clause shall be rendered void, illegal or unenforceable to that extent only and it shall in no way affect or prejudice the enforceability of the remainder of such provision or clause or the other provisions of these Terms & Conditions and our other terms and conditions of the Agreement.

10.6    The failure or delay of CoinGecko at any time to enforce any of its rights hereunder these Terms & Conditions and/or other terms and conditions of the Agreement shall not be constituted as a waiver thereof and shall in no manner affect CoinGecko’s rights at a later time to enforce the same.

10.7    You agree that you shall not hold CoinGecko for any delay or failure in performance (including but not limited to non-accessibility to any Campaigns and/or Campaign Content) due to events beyond CoinGecko’s reasonable control, including but not limited to natural catastrophes, civil riots, acts of war, shortage of utilities, lack of internet connectivity, and any applicable laws and regulations.

10.8    A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of its terms.