Dated: 26th October 2026
These Terms and Conditions for the Fasset Tag “Send with Tag, Earn Gold” Campaign (“Terms”) form a valid, binding and enforceable contract between you and Fasset (which term shall, unless repugnant to the context, also include Fasset Group).
By accessing or participating in the Marketing Activity, the User agrees to read, acknowledge, and accept these Terms. The User further agrees that these Terms shall be read together with, and form an aggregate part of, the User Agreement and the Privacy Policy (collectively “Aggregates”). By continuing to use the Marketing Activity, the User confirms their acceptance of these documents in their entirety and agrees to be bound by their terms as an integrated and comprehensive set of conditions governing the engagement with the Marketing Activity.
The Aggregates are indispensable integral parts of these Terms. Any matter or aspect not specifically addressed or regulated within the confines of these Terms shall be governed by and subject to the terms and conditions outlined in the Aggregates.
Fasset is entitled to amend, add or reduce these Terms as Fasset thinks necessary. You are required to check these Terms frequently. If you do not agree to be bound by these Terms and the Aggregates, you cannot participate in the Marketing Activity.
Any formal communication with you will be undertaken through electronic mail, pop-up messages on the Platform, notifications on the Platform, and/or other forms of communications accessible to you when signing up to Fasset (“Communication”).
In the event of any inconsistency between campaign communications circulated through email, push notifications, paid advertisements, landing pages, creator or affiliate content, on-ground activations or other promotional materials and these Terms, these Terms shall prevail to the extent of the inconsistency.
Risk warning: Rewards under the Marketing Activity are paid in XAUT, which is a digital asset. The value of XAUT can go down as well as up and may be affected by changes in the price of gold and by other market factors. The USD value of a Reward at the time it is credited is not guaranteed at any later time.
1.1. “Affiliates” refers to any entity that directly or indirectly controls, is controlled by, or is under common control with Fasset. For the purposes of this definition, “control” means the ownership of, or the power to vote, more than fifty per cent (50%) of the voting stock, shares, or interests of the entity or the ability to direct the management or policies of the entity, whether through ownership, contract or otherwise. The term “Affiliates” includes, but is not limited to, parent companies, subsidiary companies, sister, or related companies (entities controlled by the same parent company), and any other business entities in which Fasset holds a significant ownership interest or exerts significant influence over management and operations. This also includes all Employees, contractors, agents, or representatives acting on behalf of Fasset or any affiliated companies or entities as described above. Unless expressly stated otherwise, any reference to Fasset in these Terms shall include its Affiliates. Fasset may fulfil its responsibilities and obligations under these Terms through its Affiliates. When acting on its behalf, the Affiliates shall be subject to the same Terms as Fasset.
1.2. “Aggregates” has the meaning given to it at the start of these Terms.
1.3. “Applicable Law” means all applicable laws (federal, state, provincial and local) and the applicable rules, orders, guidelines, and regulations of any Governmental Authority that, in each case, are applicable or may become applicable to Fasset and the performance of its obligations or exercise of its rights under these Terms or applicable to Participants and the performance of their obligations or the exercise of their rights under these Terms, or, as the context may require, apply to other persons affected by the subject matter of these Terms. Applicable Law also includes but is not limited to any relevant data protection laws in the jurisdiction of the Participant.
1.4. “Communication” has the meaning given to it at the start of these Terms.
1.5. “Dispute” has the meaning given to it in Clause 11.1.
1.6. “Eligible Jurisdiction” means any jurisdiction in which the Platform is made available by Fasset to the individual and in which participation in the Marketing Activity, and the receipt and holding of XAUT, is lawful and permissible, and excludes each Excluded Jurisdiction.
1.7. “Employees” refers to all individuals who are employed by Fasset or any of its Affiliates, whether on a full-time, part-time, temporary, or permanent basis, and who receive compensation in the form of wages, salaries, or other remuneration in exchange for their services. This definition includes, but is not limited to, executive officers, managers, administrative staff, technical staff, labourers, and any other individuals who provide services to Fasset under its direction and control. The term “Employees” shall not include independent contractors, consultants, or other persons not directly employed by Fasset or its Affiliates.
1.8. “Excluded Jurisdiction” means each of: (a) the UAE; (b) the Kingdom of Bahrain; (c) any country or territory that is the subject of comprehensive sanctions or embargoes administered or enforced by the United Nations Security Council, the United States, the United Kingdom or the European Union, or by the Governmental Authorities of the Federal Territory of Labuan or Malaysia; (d) any jurisdiction in which Fasset does not make the Platform available; (e) any jurisdiction in which participation in the Marketing Activity, the use of Fasset Tag or the receipt or holding of XAUT is prohibited, restricted or otherwise unlawful; and (f) any other jurisdiction which Fasset notifies as excluded from the Marketing Activity through its Communication channels or the campaign landing page.
1.9. “Fasset” refers to Fasset Labuan Limited, a company duly incorporated and registered under the laws of the Federal Territory of Labuan, Malaysia, having its registered office at Jalan Merdeka, Unit Level 14 (B) & 14 (C), Main Office Tower, Financial Park Labuan Complex, Labuan, Malaysia.
1.10. “Fasset Group” means collectively Fasset and all Affiliates and group companies of Fasset as well as any entities which are in control of or are controlled by or are under common control with Fasset.
1.11. “Fasset Tag” means the Fasset Tag feature made available by Fasset on the Platform, which allows a Verified User to send value to another User by reference to that User’s unique @tag identifier, or to a person who is not yet a User by way of a Payment Link.
1.12. “Governmental Authority” refers to any relevant domestic or foreign governmental or quasi-governmental authority, statutory authority or quasi-statutory or regulatory authority, department, administrative, monetary, fiscal or judicial body, department, corporation, commission, authority, tribunal, agency or stock exchange or government-owned or government-controlled corporation or any public international organisation, or taxing authority or anybody entitled to exercise executive power or power of any nature over Fasset and/or the Participant hereto, or the transactions contemplated by these Terms.
1.13. “Hold Period” has the meaning given to it in Clause 4.7.
1.14. “Indemnified Parties” has the meaning given to it in Subclause 6.1(d).
1.15. “Intellectual Property” refers to all copyrights, patents, trademarks, trade secrets, and any other proprietary rights that protect inventions, designs, writings, or any other forms of intellectual creations or any derivative or improvements thereof, recognised as benefiting from laws pertaining to the same in any jurisdiction. This includes any other forms, variations, or versions of intellectual property not yet known. This includes, but is not limited to, the following:
(a) All computer programs, including source code, object code, algorithms, databases, and related documentation;
(b) Any set of instructions, including source and executable codes, used in software development or other technological processes;
(c) Practical knowledge, techniques, skills, methodologies, processes, and practices that are not generally known to the public;
(d) Data, designs, drawings, specifications, manuals, flowcharts, and any other technical documentation;
(e) Any physical or digital components, prototypes, models, samples, or any other tangible or intangible materials used in or resulting from research, development, or creative processes;
(f) Any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof;
(g) Any ornamental or aesthetic aspects of a useful article, webpage, or electronic user interface or experience;
(h) Any words, names, symbols, designs, or combinations thereof used to identify and distinguish goods or services; and
(i) Any information that derives independent economic value from not being generally known to, and not being readily ascertainable by, others who can obtain economic value from its disclosure or use.
1.16. “Intellectual Property Rights” refers to the legal rights granted to the creator or owner of Intellectual Property. These rights provide the creator or owner with exclusive control over the use, distribution, and modification of their intellectual creations, including but not limited to inventions, designs, writings, and any derivative works or improvements thereof.
1.17. “KYC” refers to the Know-Your-Customer procedures implemented by Fasset to verify the identity of its Users in compliance with Applicable Laws and regulations in all relevant jurisdictions where Fasset is operating.
1.18. “Marketing Activity” refers to all associated promotions, offers, Rewards and campaigns that are organised and conducted by Fasset during the Promotion Period in relation to the Fasset Tag “Send with Tag, Earn Gold” Campaign.
1.19. “Marketing Activity Organisers” refers to the individuals, entities, or organisations responsible for planning, managing, and executing the Marketing Activity. This includes the main organising entity or entities, any subsidiaries, Affiliates, Employees, contractors, agents, or representatives acting on behalf of the organising entity or entities, and/or any partners or sponsors delegated specific responsibilities in the Marketing Activity organisation process. This further includes, but is not limited to, any entities performing the following roles and responsibilities:
(a) Establishing the rules and guidelines for the Marketing Activity.
(b) Promoting and marketing the Marketing Activity to potential Participants.
(c) Managing Participant registrations and tracking Tag Transfers.
(d) Organising events, workshops and other activities related to the Marketing Activity.
(e) Crediting Rewards to Participants.
1.20. “Participant(s)” refers to any individual who satisfies the eligibility criteria set out in Article 3 of these Terms.
1.21. “Parties” means the User and Fasset collectively. Individually, they are referred to as “Party”.
1.22. “Payment Link” means a link generated through Fasset Tag by which a Verified User may send value to a person who is not yet a User, and which that person may claim by registering on the Platform.
1.23. “Platform” refers to the website, any associated websites or mobile sites, mobile applications, and/or APIs owned, controlled, operated, and managed by Fasset.
1.24. “Privacy Policy” refers to Fasset’s privacy policy as set out in https://fasset.io/privacy-policy as applicable to the User.
1.25. “Promotion Period” refers to the period from 00:00 on 26 October 2026 to 23:59 on 22 November 2026 (Gulf Standard Time (GMT+4)), during which the Marketing Activity will occur, unless extended, suspended or terminated earlier by Fasset in accordance with these Terms, including under Clause 4.6.
1.26. “Qualifying Transfer” has the meaning given to it in Clause 4.1.
1.27. “Recipient” means the User to whom a Participant sends a Tag Transfer.
1.28. “Reward” has the meaning given to it in Clause 4.3.
1.29. “Reward Budget” has the meaning given to it in Clause 4.6.
1.30. “Reward Cap” has the meaning given to it in Clause 4.4(c).
1.31. “SIAC” has the meaning given to it in Clause 11.4.
1.32. “SIAC Rules” has the meaning given to it in Clause 11.4.
1.33. “Tag Transfer” means a transfer of value made by a Verified User using Fasset Tag, whether to another User’s @tag or by way of a Payment Link.
1.34. “UAE” refers to the United Arab Emirates.
1.35. “USD” refers to the currency of the United States of America, the United States Dollar.
1.36. “User” refers to anyone who can access or use the Platform.
1.37. “User Agreement” refers to Fasset’s User Agreement as set out in https://fasset.com/user-agreement-labuan.
1.38. “Verified User” refers to a User who has successfully completed KYC on the Platform and whose account is active and in good standing.
1.39. “XAUT” means Tether Gold (XAUt), a digital asset issued by a third party unaffiliated with Fasset, each token of which is represented by its issuer as being backed by one (1) fine troy ounce of physical gold, as made available on the Platform.
2.1. A reference to Fasset includes a reference to its Affiliates and Employees, as well as any corporate body, association, partnership, or other legal entity, and includes their successors, permitted substitutes, and permitted assigns. Any reference to Participant includes individuals and their successors, permitted substitutes, and permitted assigns.
2.2. If a word or phrase is defined, its other grammatical forms have a corresponding meaning.
2.3. A reference to an agreement, term, or document (including a reference to these Terms) is to the agreement, term, or document as amended, supplemented, novated, or replaced, except to the extent prohibited by these Terms or that other agreement, term, or document.
2.4. All schedules, exhibits, annexures, Aggregates, appendices, and other attachments referred to in these Terms are an integral part of these Terms and shall be deemed to be incorporated herein.
2.5. The section headings in these Terms are for convenience only and are not intended to govern, limit, or affect the meanings of the sections.
2.6. Singular and plural nouns and pronouns shall mean the singular or plural and the masculine, feminine, or neuter genders as permitted by the context in which the words are used.
2.7. In these Terms, reference to any legislation or law or any provision thereof shall include references to any such law as it may, after the date hereof, from time to time, be amended, supplemented, or re-enacted, and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision.
2.8. The words including and include shall mean including without limitation and include without limitation, respectively.
2.9. Words and phrases shall be interpreted in the context of these Terms and not in isolation. The meaning of any term shall be derived from the overall purpose and intent of these Terms. Fasset has its sole discretion to interpret these Terms if there is any ambiguity or inconsistency in these Terms.
2.10. Any examples or illustrations provided in these Terms are for explanatory purposes only and do not limit the scope of any provision.
3.1. The Marketing Activity is open only to individuals who meet all of the following criteria:
(a) the individual is at least eighteen (18) years of age at the time of participation;
(b) the individual is a Verified User registered as a customer of Fasset Labuan Limited;
(c) the individual is resident in an Eligible Jurisdiction, and may be required to provide valid government-issued identification or other documentation to confirm eligibility; and
(d) participation in the Marketing Activity is lawful and permissible in the individual’s jurisdiction of residence and under any other Applicable Law to which the individual is subject.
3.2. Residents of the UAE and the Kingdom of Bahrain, and Users registered as customers of any Affiliate other than Fasset Labuan Limited, are excluded from the Marketing Activity and are not eligible to participate.
3.3. The Marketing Activity is not open to any person who is located in, resident in, a national of, or otherwise subject to the laws of any Excluded Jurisdiction, or who is named on, or owned or controlled by a person named on, any sanctions list maintained by any of the authorities referred to in limb (c) of the definition of Excluded Jurisdiction. It is each Participant’s sole responsibility to determine and ensure that their participation in the Marketing Activity, and their receipt, holding, conversion and use of any Reward, does not violate Applicable Law. Fasset makes no representation or warranty that the Marketing Activity is lawful or available in any particular jurisdiction.
3.4. By participating in the Marketing Activity, each Participant acknowledges, represents and warrants that:
(a) the Participant has accessed the Platform, opened their account with Fasset and chosen to use Fasset Tag on their own exclusive initiative and of their own volition, and not as a result of any solicitation, marketing or inducement by Fasset directed at them in their jurisdiction of residence;
(b) the Participant’s decision to participate in the Marketing Activity is made entirely of their own volition. The Marketing Activity is an incidental promotional benefit made available to Users of the Platform and does not constitute an offer, solicitation, invitation or inducement by Fasset to provide any service in any jurisdiction in which Fasset is not licensed or authorised to do so, or in which such offer, solicitation, invitation or inducement would be unlawful;
(c) Fasset holds its licence(s) in the Federal Territory of Labuan, Malaysia, and is not licensed, registered or authorised by any Governmental Authority in the Participant’s jurisdiction of residence, and the Participant may therefore not have the benefit of any protections available under the laws of that jurisdiction; and
(d) any campaign communications which may be accessible in the Participant’s jurisdiction are not directed at, or intended for, persons in any jurisdiction where such communications would be unlawful, and the Participant has not relied on any such communication in deciding to use the Platform.
3.5. The following persons are not eligible to participate in the Marketing Activity or to receive any Reward:
(a) Employees, officers, directors, contractors, agents and representatives of Fasset and its Affiliates, and their immediate family members (spouses, parents, children, siblings, and their respective spouses);
(b) persons acting on behalf of another person, or in concert with another person, for the purpose of obtaining a Reward; and
(c) persons whose Platform account is flagged, suspended, restricted or under investigation at any point during the Promotion Period or at the time a Reward is processed.
3.6. Any creation of duplicate, automated or fraudulent accounts, use of multiple identities, any Tag Transfer made between accounts controlled by the same person or by persons acting in concert, any artificially structured, circular or non-genuine Tag Transfer made for the purpose of generating Rewards rather than for a genuine payment purpose, or any other attempt to manipulate or exploit the Marketing Activity will result in disqualification from participation, with or without notice. Fasset reserves the right to withhold, reverse or recover any Reward in accordance with Clause 4.10, suspend accounts, or take any other action it deems necessary in the event of suspected abuse or misconduct.
3.7. Fasset reserves the right to verify the eligibility of Participants at any time. Ineligible Participants may be disqualified at Fasset’s sole discretion. Participants will be informed of any significant changes through the official channels.
4.1. A Tag Transfer shall constitute a “Qualifying Transfer” only if it meets all of the following requirements:
(a) it is sent by a Participant and completed during the Promotion Period;
(b) it has a value of at least USD 30 (thirty), or its equivalent as determined by Fasset at the time of the Tag Transfer, in a single Tag Transfer. Separate Tag Transfers may not be aggregated to meet this threshold;
(c) it is sent by @tag or by Payment Link to a Recipient who is a Verified User and who is a different person from the Participant, provided that a Tag Transfer to a Recipient who is resident in an Excluded Jurisdiction (other than the UAE or the Kingdom of Bahrain) shall not be a Qualifying Transfer. For the avoidance of doubt, a Recipient does not participate in the Marketing Activity by reason only of receiving a Tag Transfer;
(d) it is not cancelled, refunded, reversed or returned, in whole or in part;
(e) it is not sent to a Recipient whose account shares a device, phone number, IP address pattern, funding card or bank account with the Participant’s account, as determined by Fasset on the basis of its internal systems and records;
(f) the value transferred does not, within seven (7) days of the Tag Transfer, return to the Participant, whether directly or indirectly through any other account or series of transfers;
(g) it is made from a balance in the Participant’s Fasset account funded by an external deposit, and not from any value received by the Participant by way of Tag Transfer during the Promotion Period, as determined by Fasset; and
(h) where the Participant’s account was opened during the Promotion Period, it is sent after the Participant has made a first external deposit into that account and the account has been open for at least three (3) days.
4.2. A Tag Transfer sent by Payment Link to a person who is not a User at the time of sending shall only be capable of being a Qualifying Transfer once that person has registered on the Platform as a customer of Fasset Labuan Limited, is resident in an Eligible Jurisdiction, has completed KYC to become a Verified User and has claimed the Tag Transfer, in each case within the Promotion Period.
4.3. For each Qualifying Transfer, the Participant shall be eligible to receive XAUT with a value equivalent to USD 1 (one) (a “Reward”). The quantity of XAUT comprising each Reward shall be calculated by reference to Fasset’s prevailing XAUT/USD reference price on the Platform at the time the Reward is credited, and may be rounded down to the smallest unit of XAUT supported on the Platform.
4.4. Rewards are subject to the following limits:
(a) a Participant may receive only one (1) Reward in respect of any particular Recipient during the Promotion Period, regardless of the number of Tag Transfers made by that Participant to that Recipient;
(b) a Participant may receive a maximum of three (3) Rewards in respect of Qualifying Transfers completed on any one calendar day; and
(c) a Participant may receive a maximum of ten (10) Rewards, being XAUT with an aggregate value equivalent to USD 10 (ten), during the Promotion Period (the “Reward Cap”).
4.5. Rewards shall be credited to the Participant’s Fasset account on a weekly basis in respect of Qualifying Transfers completed during the preceding week. Rewards in respect of Qualifying Transfers completed in the final week of the Promotion Period shall be credited within fourteen (14) days after the end of the Promotion Period. Each crediting of Rewards is subject to Fasset’s prior review of the relevant Qualifying Transfers. Any Reward flagged in that review may be held and shall not be credited unless and until Fasset is satisfied that the relevant Tag Transfer is a Qualifying Transfer. Crediting of any Reward is also subject to Clause 4.10.
4.6. The total value of Rewards available under the Marketing Activity is capped at XAUT with an aggregate value equivalent to USD 20,000 (twenty thousand) (the “Reward Budget”). Rewards shall be allocated in the order in which Qualifying Transfers are completed, as determined by Fasset’s records. Once the Reward Budget has been fully allocated, the Marketing Activity shall end automatically and no further Rewards shall be available, including in respect of any Tag Transfer completed before Fasset has published notice that the Reward Budget has been exhausted. Fasset shall notify Users through its Communication channels and the campaign landing page as soon as reasonably practicable after the Reward Budget has been exhausted.
4.7. XAUT credited as a Reward may not be withdrawn from the Platform, sent to any other User (including by way of Fasset Tag), sold or converted into any other asset for a period of thirty (30) days from the date on which it is credited (the “Hold Period”). Following the expiry of the Hold Period, the XAUT may be used in accordance with the User Agreement, subject always to Clause 4.10.
4.8. Each Participant acknowledges that XAUT is a digital asset, that its value may fluctuate (including during the Hold Period) and that the USD value of a Reward at the time it is credited is not guaranteed at any later time. Fasset gives no assurance as to the value, liquidity or performance of XAUT, and nothing in the Marketing Activity constitutes investment, financial, legal or tax advice or a recommendation by Fasset to acquire or hold XAUT.
4.9. Rewards are discretionary promotional credits granted by Fasset. A Reward is not interest, an investment return, a payment for any service or a fee rebate, and does not form part of any ongoing feature of Fasset Tag. Rewards shall not be paid in cash or in any asset other than XAUT, save that, where XAUT ceases to be available on the Platform or Fasset considers it necessary for legal, regulatory or operational reasons, Fasset may substitute the Reward with an alternative digital asset or credit of equivalent value at its sole discretion.
4.10. Fasset may, at any time (including after a Reward has been credited and after the expiry of the Hold Period), withhold, reverse, cancel, set off or recover any Reward, and may suspend the Participant’s participation in the Marketing Activity, where Fasset determines that the Reward was credited in error, that the relevant Tag Transfer was not or has ceased to be a Qualifying Transfer, that the Participant has breached these Terms or the Aggregates, or that the Participant has engaged in fraud, abuse or any conduct described in Clause 3.6, or where required by Applicable Law or any Governmental Authority. Each Participant authorises Fasset to debit the relevant XAUT, or where that XAUT is no longer held in the Participant’s account, an amount equal to the USD value of the Reward at the time it was credited, from any balance in the Participant’s Fasset account.
4.11. All determinations regarding Qualifying Transfers, the allocation and calculation of Rewards, the Reward Cap and the Reward Budget shall be made by Fasset on the basis of its internal systems and records, which shall be final in the absence of manifest error.
4.12. Where a Participant’s account is closed, suspended or restricted, or the Participant otherwise ceases to meet the eligibility criteria in Article 3, before a Reward is credited, the Participant shall forfeit that Reward.
4.13. The use of Fasset Tag is at all times governed by the User Agreement. Participation in the Marketing Activity does not waive any fees, limits, security requirements or other rules that apply to Fasset Tag or the Platform.
4.14. All taxes, duties and other charges arising from the receipt, holding, conversion or disposal of any Reward shall be the sole responsibility of the Participant. Fasset does not provide tax advice and encourages Participants to seek independent advice as needed.
4.15. Fasset reserves the right to amend, modify, suspend or cancel the Rewards or the Marketing Activity at any time without prior notice, in its sole discretion, including but not limited to changes required due to legal or regulatory compliance or operational constraints.
5.1. Participants agree not to make any false, misleading, or disparaging statements about Fasset, the Marketing Activity Organisers or any of their Affiliates, whether orally or in writing, including but not limited to statements about any of the following:
(a) The Marketing Activity, its rules, and administration; and
(b) The performance, conduct, or business practices of Fasset, the Marketing Activity Organisers or any of their Affiliates.
5.2. The non-disparagement obligations do not restrict any of the following:
(a) Providing truthful information in response to legal proceedings, regulatory inquiries, or government investigations;
(b) Making statements that are required by Applicable Law or regulation; or
(c) Sharing feedback or criticism constructively intended to improve the Marketing Activity or its outcomes directly to Fasset through private communication channels.
5.3. In the event of a breach of the non-disparagement obligations, Fasset may seek injunctive relief, damages, and any other remedies available at law.
5.4. For the purposes of this Article 5, the Dispute Resolution provisions in Article 11 do not apply to Fasset and Fasset may pursue any claim against the aggressor in any forum anywhere in the world.
6.1. By entering the Marketing Activity, each Participant agrees to the following:
(a) The relationship between a Participant and Fasset is not a confidential, fiduciary, or other special relationship;
(b) Each Participant will be bound by and comply with these Terms;
(c) Fasset’s decisions are binding and final in all matters relating to the Marketing Activity;
(d) To the maximum extent permitted by Applicable Laws, each Participant agrees to release, indemnify, defend, and hold harmless Fasset, the Marketing Activity Organisers, their Affiliates and the Reward suppliers, and any other organisations responsible for sponsoring, fulfilling, administering, advertising, or promoting the Marketing Activity, along with their respective past and present officers, directors, employees, agents, and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees), including but not limited to negligence and damages of any kind to persons and property, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright, or other Intellectual Property Rights, property damage, or death or personal injury, arising out of or relating to the Marketing Activity, a Participant’s entry, participation in the Marketing Activity, or receipt, holding, use or misuse of any Reward; and
(e) Each Participant represents and warrants that their participation in the Marketing Activity and receipt of any Reward does not and will not violate any Applicable Laws, third-party rights, or contractual obligations.
6.2. Without limiting the foregoing, and to the maximum extent permitted by Applicable Laws, the Indemnified Parties shall have no liability in connection with:
(a) any incorrect or inaccurate information, whether caused by electronic or printing error or by any of the equipment or programming associated with or utilised in the Marketing Activity;
(b) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, internet connectivity, electronic transmission errors, or network hardware or software failures;
(c) any failure of Fasset Tag, any Payment Link or any tracking system to record, attribute or log a Tag Transfer or a Reward;
(d) unauthorised human intervention in any part of the Marketing Activity; technical or human error which may occur in the administration of the Marketing Activity;
(e) any change in the value of XAUT at any time, including during the Hold Period; and/or
(f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Participant’s participation in the Marketing Activity or receipt or use or misuse of any Reward.
7.1. By entering the Marketing Activity, each Participant grants Fasset, the Marketing Activity Organisers, and each of their Affiliates a fully paid-up, non-exclusive, assignable, sub-licensable, worldwide, perpetual licence to use the Participant’s details solely to the extent reasonably necessary for administering, verifying, auditing, reporting on or promoting the Marketing Activity, in each case in accordance with the Privacy Policy and Applicable Law.
8.1. Fasset reserves the right in its sole and absolute discretion and without prior notice to any Participant, to:
(a) modify, cancel, suspend or terminate the Marketing Activity at any time due to unforeseen circumstances;
(b) change or amend these Terms; and/or
(c) disqualify any Participant from the Marketing Activity for any reason whatsoever.
8.2. The Marketing Activity is still subject to Fasset’s User Agreement, Privacy Policy, and any additional terms and conditions set out on the Platform.
8.3. Participants are responsible for providing accurate and complete information. Fasset is not liable or responsible for any errors or omissions in the information provided by Participants. The Participants agree to disclaim all liability against Fasset or any of its Affiliates for any claims arising due to the provision of inaccurate or incomplete information on their part and any resultant actions taken by Fasset in relation to the Participant’s participation in the Marketing Activity or the allocation of any Reward.
8.4. Fasset is not responsible for any technical issues that may affect participation, including, but not limited to, issues with internet connectivity, Fasset Tag or Payment Links. The Participants agree to disclaim all liability against Fasset or its Affiliates for any claims arising from such circumstances and any resultant actions taken by Fasset in relation to the Participant’s participation in the Marketing Activity or the allocation of any Reward.
8.5. Participants must comply with all Applicable Laws and regulations during the Marketing Activity and during the receipt and holding of any Reward. Fasset is not responsible for any legal consequences arising from participation in the Marketing Activity or acceptance of any Reward. Failure to comply with legal requirements may lead to disqualification and forfeiture of Rewards as determined by Fasset in its sole discretion.
8.6. Any attempt by any Participant(s) to undermine the proper conduct of the Marketing Activity may be a violation of criminal and civil law. Should Fasset suspect that such an attempt has been made or is threatened, Fasset reserves the right to take appropriate action including but not limited to requiring a Participant(s) to cooperate with an investigation and referral to criminal and civil law enforcement authorities as needed.
8.7. The Marketing Activity does not constitute an endorsement or warranty by Fasset of XAUT or any associated products or services available on the Platform. The issuer of XAUT and its affiliates are not sponsors of, affiliated with, or in any way connected to the Marketing Activity, and all trademarks referenced remain the property of their respective owners.
8.8. The Rewards issued under this Marketing Activity are promotional in nature and do not represent a contractual or vested entitlement. Fasset reserves the right to withhold, reverse, or adjust any Reward in the event of error, suspected abuse, or system malfunction.
8.9. If at any time during the Marketing Activity, a Participant or prospective Participant believes that any of these Terms may be unclear or ambiguous, they must submit a written request by email for clarification at [email protected].
8.10. To the maximum extent permissible by Applicable Laws, Fasset is not liable for any personal injury, loss, or damage incurred by a Participant as a result of any Reward, except where such liability arises due to Fasset’s gross negligence or wilful misconduct.
8.11. All Intellectual Property and Intellectual Property Rights related to the Marketing Activity, including but not limited to copyrighted material, trademarks, trade names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans, and representations, are owned or used under licence by Fasset and its Affiliates. All rights are reserved. Unauthorised copying or use of any copyrighted material or Intellectual Property or Intellectual Property Rights without the express written consent of its owners is strictly prohibited and shall be penalised to the maximum extent permitted by Applicable Laws.
8.12. Notwithstanding any other provision of these Terms, Fasset may at any time and with immediate effect suspend, modify, withdraw or terminate the Marketing Activity, in whole or in part or in respect of any particular jurisdiction, where Fasset considers it necessary or desirable to do so in order to comply with Applicable Law, to respond to any request, direction, guidance or enquiry from any Governmental Authority, or where participation in or promotion of the Marketing Activity is or becomes prohibited, restricted or otherwise unlawful in that jurisdiction. Where Fasset exercises this right, it shall be under no obligation to credit any Reward in respect of the affected jurisdiction, and shall have no liability to any Participant in connection with such suspension, modification, withdrawal or termination.
8.13. No Participant shall have any claim, cause of action, or right to compensation, damages or reimbursement of any kind arising from or in connection with any modification, suspension, withdrawal, cancellation or termination of the Marketing Activity or any part of it, whether under Clause 8.1, Clause 8.12 or otherwise. Participation in the Marketing Activity and the completion of a Qualifying Transfer confer no accrued, contractual or vested right of any kind, and no Participant acquires any right in or to a Reward unless and until that Reward has been credited to the Participant’s Fasset account in accordance with these Terms, and then always subject to Clause 4.10.
8.14. Fasset shall not be in breach of these Terms, nor liable for any failure or delay in performing any of its obligations under them, where such failure or delay results from any event or circumstance beyond its reasonable control, including acts of God, natural disaster, epidemic or pandemic, war, terrorism, civil unrest, strike or industrial action, fire, flood, power or telecommunications failure, failure of any third-party supplier, liquidity provider or payment provider, cyber attack, or any act, order, restriction or intervention of any Governmental Authority. In any such event, Fasset may extend, suspend or curtail the Promotion Period or delay the crediting of Rewards, in each case for such period as it considers reasonable, and shall notify Participants through its Communication channels where practicable.
9.1. By entering the Marketing Activity, Participants consent to the collection, use, storage and disclosure of their personal information and transaction information (including device information) by Fasset for the purposes of administering the Marketing Activity, verifying eligibility, determining Qualifying Transfers, crediting Rewards, carrying out fraud prevention checks, dealing with complaints and complying with Applicable Law.
9.2. Where a Participant sends a Payment Link to any person, the Participant is responsible for ensuring that they are entitled to contact that person and that doing so complies with Applicable Law.
9.3. The personal information of the Participants will be handled in accordance with Applicable Laws on data protection and the Privacy Policy.
10.1. By entering into this Marketing Activity, all Participants agree to be bound by these Terms and hereby release Fasset, the Marketing Activity Organisers and any of their Affiliates from any and all liability in connection with the Rewards or Participants’ participation in the Marketing Activity, including but not limited to:
(a) any failure to receive or record Tag Transfers or Rewards due to transmission failures or other conditions beyond their reasonable control;
(b) any late, lost, misrouted, garbled, distorted or damaged transmissions or transfers;
(c) any disruptions, injuries, losses, or damages caused by events beyond their reasonable control;
(d) any postponement, delay or changes that may impact the Rewards caused by events beyond their reasonable control; and/or
(e) any printing or typographical errors in any materials associated with the Marketing Activity.
10.2. To the maximum extent permitted by Applicable Laws, in no event shall Fasset or its Affiliates be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, use, data, or other intangible losses, arising out of or in connection with the Marketing Activity, regardless of whether such damages were foreseeable or whether Fasset has been advised of the possibility of such damages.
10.3. To the maximum extent permissible by Applicable Laws, in no event shall the total aggregate liability of Fasset (or its Affiliates) for all claims arising out of or relating to the Marketing Activity exceed the amount of any entry fee paid by the Participant or, if no entry fee was paid, the value of USD 100 applicable at that time as determined by Fasset, or such other minimum amount acceptable under Applicable Laws if higher than the minimum thresholds stated in this Clause 10.3.
10.4. The Participants and Fasset acknowledge that the limitations of liability outlined in this Article 10 are an essential basis of the bargain and that the Marketing Activity would not be provided without such limitations. By agreeing to these Terms, the Participants expressly and unambiguously agree to be bound by the terms of Article 10 and the limitations imposed.
11.1. Any dispute, claim, complaint, or controversy arising out of or relating to these Terms, including any question regarding its existence, validity or termination (collectively, “Dispute”) shall be resolved in good faith prior to the initiation of arbitration.
11.2. If any Dispute arises, the Participant shall send a formal letter addressed to Fasset on the helpdesk at [email protected] as notified. If the Participant does not receive a response by the 10th (tenth) business day of having sent the complaint, or if the Parties fail to resolve the Dispute by the 20th (twentieth) business day, the Participant shall send a formal letter with a statement of problems and proposed resolutions to the Dispute.
11.3. If the Dispute is not resolved within 20 (twenty) business days after the formal letter of the Dispute with the proposed resolutions, the Participant may choose to proceed with arbitration.
11.4. If the Dispute is not satisfactorily resolved under Clauses 11.1 to 11.3, the Dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause, and subject to the following provisions agreed between the Parties:
(a) The seat of the arbitration shall be Dubai.
(b) The Tribunal shall consist of 1 (one) arbitrator.
(c) The language of the arbitration shall be English.
12.1. These Terms shall be governed by and construed in accordance with the laws of England and Wales without considering the principles of conflicts of laws.
13.1. These Terms and any rights or obligations arising hereunder are personal to each Participant and may not be assigned, delegated, sublicensed, or otherwise transferred by the Participant, whether by operation of law or otherwise, without the prior written consent of Fasset.
13.2. Fasset may assign, novate, or transfer any or all of its rights and obligations under these Terms, in whole or in part, to any Affiliate, successor entity, or purchaser of its business or assets, without notice and without the need for any further act by the Participant.
13.3. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns.
14.1. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable in any jurisdiction, that provision or part-provision shall, to the extent required, be deemed modified to the minimum extent necessary to make it valid, legal and enforceable in that jurisdiction. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted in respect of that jurisdiction only.
14.2. Any modification to or deletion of a provision or part-provision under Clause 14.1 shall not affect the validity, legality or enforceability of the remainder of these Terms, nor the validity, legality or enforceability of that provision in any other jurisdiction.