LEGAL

Terms of Use for the Whisky Fractions Marketplace

 

By accessing, browsing, or using the Whisky Fractions Marketplace (WFM), including all content and services made available by WFM, you, the user, confirm your understanding and unconditional acceptance of the terms and conditions outlined herein. Your participation on the platform and any transactions made therein will be governed by these terms.

Should you disagree with any part of these terms and conditions, you must refrain from using the WFM platform.

It is recommended that users periodically review these terms and conditions, as they may be subject to change. Continued use of the WFM after any such changes signifies your acceptance of the updated or modified terms.

1. Introduction

Welcome to the Whisky Fractions Marketplace (hereinafter referred to as "WFM"), a pioneering platform dedicated to providing whisky enthusiasts and investors an opportunity to own a part of whisky casks.

By participating in the WFM, users can experience the unique intersection of traditional whisky appreciation and modern investment strategies. Before navigating and using our platform, users are urged to familiarize themselves with the terms and conditions provided herein, which are designed to clarify, streamline, and define the parameters of engagement with the WFM.

2. Definitions

  1. Whisky Fractions Marketplace (WFM): The digital platform where users can buy, sell, or trade fractional ownership of whisky casks.
  2. Whisky Fraction: Refers to a specified portion or percentage of ownership in a whisky cask, made available for purchase or sale on the WFM.
  3. Whisky Cask: A barrel or container, typically made of oak, used for the storage and aging of distilled whisky.
  4. Whisky Fraction Holder: An individual or entity that participates in the WFM by purchasing, holding, selling, or trading fractions.
  5. Listing Fee: A charge, if any, imposed by the WFM for listing a cask.
  6. Valuation: The process by which the worth of a whisky cask is determined, based on various factors such as age, distillery reputation, type of cask, and storage conditions.
  7. Storage Facility: The physical location where the whisky casks represented on the WFM are stored, aged, and maintained.
  8. Insurance: A protective financial coverage ensuring that in the case of damage, theft, or any other unforeseen circumstance affecting a whisky cask, stakeholders are compensated appropriately.
  9. Distillery: The company or facility where the whisky is produced and initially stored, prior to its representation on the WFM.
  10. Liquidity Event: An event, such as the sale of the entire cask, bottling of the whisky, or any other action that converts the fractional ownership into a monetary return or physical product for the investor.
  11. Transaction: Any activity on the WFM where fractions are bought, sold, or traded between investors.
  12. Transaction Fee: A charge, if any, imposed by the WFM for facilitating transactions between investors.
  13. Listing: The process by which a new whisky cask is introduced to the WFM for fractional ownership.

3. Eligibility

The Whisky Fractions Marketplace (WFM) is designed to offer a unique opportunity in the form of fractional ownership of whisky casks. To maintain the integrity, security, and compliance of the platform, certain eligibility criteria must be met by users. Please review the following criteria to determine your eligibility to participate in the WFM:

  1. Age Requirement: Users must be at least 18 years of age to participate in the WFM. In jurisdictions where the legal age for purchasing alcoholic products is higher than 18, the higher age limit shall prevail.
  2. Residency & Citizenship: The WFM is open to users worldwide, except citizens of countries on the Financial Action Task Force (FATF) blacklist, subject to local, state, and national laws governing alcoholic investments and online marketplaces. Some jurisdictions may have restrictions, and it is the responsibility of the user to ensure they are compliant with their local laws.
  3. Financial Suitability: Before making any purchases through the WFM, users may be required to provide evidence of their financial suitability to ensure they understand and can bear the potential risks involved.
  4. Account Verification: To maintain the security of the platform, all users are required to undergo a verification process. This may include providing valid identification, proof of address, and other necessary documents as mandated by anti-money laundering (AML) and know-your-customer (KYC) regulations.
  5. Restricted Persons: Employees, affiliates, and immediate family members of the WFM, as well as employees of partner distilleries or associated entities, may face restrictions or additional disclosure requirements when participating in the platform.
  6. Behavioral Standards: Users must adhere to a code of conduct that prohibits fraudulent activity, misrepresentation, harassment, or any behavior deemed detrimental to the WFM community. The WFM reserves the right to suspend or terminate accounts that violate these standards.
  7. Prior Restrictions: Individuals or entities previously banned or suspended from the WFM, or who have been involved in disputes or fraudulent activities related to similar platforms, may be ineligible to participate.
  8. Taxation: Users are responsible for understanding and adhering to their local tax obligations related to any transactions or gains made on the WFM. The WFM does not provide tax advice and recommends consulting a tax professional in your jurisdiction.
  9. Technical Requirements: Users must have access to a compatible device and a stable internet connection to use the WFM. Regular updates might be released, and users may need to ensure their software is up-to-date to utilize all features.

By creating an account and participating in the WFM, users represent and warrant that they meet all the aforementioned eligibility criteria. The WFM reserves the right to amend these criteria or seek additional verifications at its discretion to ensure the platform's integrity.

4. Nature of the Investment

The Whisky Fractions Marketplace (WFM) offers a unique and specialized form of investment that centers around the fractional ownership of whisky casks. To ensure all users fully understand the nature, potential benefits, and inherent risks of this investment, we have outlined its characteristics and implications below:
  1. Type of Investment: Participation in the WFM allows users to purchase fractions of whisky casks. These fractions represent partial ownership in a tangible, physical asset—namely, the whisky cask and its contents.
  2. Ownership Rights: Owning a fraction entitles the investor to a proportional share of the whisky cask's value and any subsequent profits or losses that may arise from changes in its value. Fractional owners will not have the right to directly access, tamper with, or make decisions regarding the physical cask, which remains under the management and care of WFM or its partners.
  3. Potential Returns: The value of a whisky cask fraction can increase or decrease based on various factors, including the age and quality of the whisky, the reputation of the distillery, market demand, and other economic variables. Returns may be realized if and when a liquidity event occurs, such as the sale of the entire cask, the bottling of the whisky, or the resale of fractions on the WFM.
  4. Risks: Like all investments, purchasing fractions on the WFM carries risks. The value of whisky casks can be volatile and is influenced by factors beyond the control of the WFM. There is no guarantee of profit, and investors can potentially lose part or all of their investment.
  5. Time Horizon: Investing in whisky cask fractions is typically a medium to long-term venture. While the WFM provides a platform for the resale of fractions, liquidity is not always guaranteed, and investors should be prepared to hold onto their fractions for an extended period.
  6. Costs & Fees: Investors may incur fees associated with transactions on the WFM, including but not limited to purchase fees, sales commissions, and management fees. All fees will be clearly outlined during the transaction process.
  7. Tax Implications: Any profits realized from the sale or appreciation of whisky cask fractions may be subject to taxation. It is the responsibility of the investor to understand and fulfill their tax obligations in their respective jurisdictions.
  8. Regulatory Compliance: The WFM operates in line with relevant regulations governing fractional ownership investments, and online marketplaces. Investors should be aware that regulatory changes can influence the operation of the WFM and the nature of their investment.

By investing in fractions on the WFM, users acknowledge and accept the inherent risks and characteristics of this unique investment form. We urge all potential investors to conduct thorough research, seek independent financial advice, and fully understand the nature of their investment before making any commitments.

5. Ownership & Transferability

The Whisky Fractions Marketplace (WFM) allows users to invest in and hold partial ownership of whisky casks in the form of fractions. This section outlines the details, rights, and processes associated with the ownership and potential transfer of these fractions.
  1. Ownership Recognition: Upon successful completion of a purchase on the WFM, the buyer will be recognized as the owner of the specific fraction of the specific whisky cask. Ownership is recorded on the WFM's secure digital ledger.
  2. Entitlements: Fractional owners are entitled to a proportional share of any profits or losses arising from the cask's value, subject to the terms set forth in the "Nature of the Investment" section.
  3. Limitations on Ownership: Fractional owners do not have the right to make individual decisions concerning the physical cask, including its storage, maintenance, or sale. Such decisions remain under the purview of the WFM or its designated partners. Direct access to or physical possession of the whisky cask or its contents is not granted to fractional owners.
  4. Resale on the WFM: Owners can list their fractions for sale on the WFM, subject to any applicable fees and terms. The ability to sell depends on market demand, and there's no guarantee of immediate liquidity.
  5. Gift or Inheritance: Fractions can be transferred as gifts or bequeathed as part of an estate. The recipient must register an account with the WFM and meet all eligibility criteria.
  6. Private Transfers: Outside of the WFM, private transfers are not allowed.
  7. Documentation and Proof: All transactions, whether purchases or transfers, will be documented and timestamped on the WFM's secure digital ledger. Owners can access proof of their ownership and transaction history within their account dashboard.
  8. Fees and Charges: Transfers or sales of fractions on the WFM may be subject to transaction fees, which will be clearly outlined in the transaction process.
  9. Duration of Ownership: Ownership of a fraction remains with the investor until they sell, transfer, or liquidate their fraction, or until a liquidity event concerning the entire cask occurs, such as the sale or bottling of its contents.
  10. Regulatory & Compliance Considerations: All transfers, whether on the WFM or privately, must comply with relevant local, national, and international regulations. This includes but is not limited to anti-money laundering (AML) and know-your-customer (KYC) protocols.
  11. Termination of Ownership: If a whisky cask undergoes a liquidity event, ownership of fractions related to that cask will be terminated. Fractional owners will receive compensation as outlined in the terms of the event.

By participating in the WFM, users acknowledge and accept the terms regarding the ownership and transferability of whisky cask fractions. It's essential for users to understand their rights and the processes involved in maintaining and transferring their investment.

6. Valuation and Pricing

Understanding the valuation and pricing mechanisms is crucial for investors engaging with the Whisky Fractions Marketplace (WFM). This section delves into the principles, methodologies, and considerations surrounding the determination of value and pricing for whisky cask fractions listed on the WFM.

A. Principles of Valuation

  1. Transparency: All valuation methodologies and practices will be conducted transparently, with detailed information made accessible to users whenever possible.
  2. Consistency: Valuation methods, once established, will remain consistent to ensure fairness and reliability.
  3. Objectivity: Valuation will be based on objective criteria, with any potential conflicts of interest disclosed.

B. Methodologies

  1. Age and Quality: The age of the whisky, its quality, and the type of cask it is stored in play significant roles in determining value.
  2. Distillery Reputation: Whisky from renowned distilleries may command higher valuations.
  3. Market Demand and Trends: Prevailing market conditions and consumer trends can influence valuation.
  4. External Appraisal: In some cases, third-party experts may be consulted for an unbiased valuation.

C. Frequency of Valuation

Whisky cask fractions will be revalued periodically, for example, annually, or upon significant events affecting the cask or the broader whisky market.

D. Pricing Considerations

  1. Listing Price: When a new cask is introduced to the WFM, its initial fraction prices will be based on its valuation at the time of listing.
  2. Market Dynamics: Prices of fractions on the secondary market (if allowed) may vary based on demand and supply dynamics.
  3. Transaction Fees: The WFM may charge transaction fees, which could affect the net returns on sales.

E. Factors Impacting Valuation

  1. Physical Condition: Any damage or deterioration of the cask or its contents can impact its value.
  2. Storage Conditions: The environment in which the cask is stored, such as temperature, humidity, and storage facility reputation, can influence valuation.
  3. Economic Factors: Global economic conditions, import/export regulations, and changes in consumer preferences can affect valuation.

F. Dispute Resolution

If a user disagrees with a valuation, a clear mechanism will be in place for raising concerns and seeking redress. This may involve consultation with third-party experts.

G. Review and Updates

The WFM reserves the right to review and update its valuation methodologies as required, ensuring they remain accurate and relevant.

By participating in the WFM, users acknowledge and accept the outlined valuation and pricing mechanisms. We encourage all potential investors to familiarize themselves with these processes and consider them in their investment decisions.

7. Storage, Insurance, and Maintenance

Ensuring the preservation of the whisky's quality and value is paramount. The Whisky Fractions Marketplace (WFM) has instituted specific protocols concerning the storage, insurance, and maintenance of whisky casks. These procedures are in place to protect the interests of fractional owners and to ensure the integrity of the product.

A. Storage

  1. Location: Whisky casks are stored in controlled environments, suitable for aging whisky, in accredited and established storage facilities.
  2. Security: These storage facilities are equipped with robust security measures.
  3. Environmental Controls: The facilities maintain optimal conditions (humidity, temperature, etc.) vital for the proper aging and preservation of whisky.

B. Insurance

  1. Coverage: All whisky casks listed on the WFM are insured. The insurance covers risks like theft, fire, natural disasters, and other unforeseen events that could damage the casks or their contents.
  2. Claim Process: In the unfortunate event of a loss, WFM will liaise with the insurance provider to expedite the claim process. Fractional owners will be kept informed throughout and will receive compensation corresponding to their ownership percentage, after deducting any applicable fees or charges.
  3. Regular Review: Insurance policies are reviewed annually to ensure adequate coverage in line with the cask's current valuation.

C. Maintenance

  1. Regular Checks: The physical condition of the casks is regularly inspected by experts to detect potential issues like leaks, wood degradation, or contamination.
  2. Rotation: If deemed beneficial for the whisky's aging process, casks may be rotated periodically.
  3. Repairs & Replacement: Should a cask show signs of wear or damage, necessary repairs will be undertaken. If the cask is irreparable, the whisky might be transferred to a new cask, ensuring minimal disruption to its maturation.
  4. Sampling & Quality Control: Occasionally, samples may be drawn to assess the whisky's maturation progress and to ensure it meets quality standards. Sampling is done minimally to prevent unnecessary loss of volume.

D. Fees & Charges

  1. Included in Fraction Price: The costs associated with storage, insurance, and maintenance are typically integrated into the initial fraction price or may be subject to periodic charges. Any such fees will be transparently communicated to fractional owners.
  2. Updates: If there are significant changes in storage, insurance, or maintenance costs, fractional owners will be notified, and adjustments may be made to associated fees.

E. Transparency & Reporting

Fractional owners can access periodic reports detailing storage conditions, maintenance actions undertaken, and any significant updates concerning insurance policies.

8. Duration & Exit Strategy

Investing in whisky cask fractions is a unique endeavor that combines the appreciation of a fine spirit with the dynamics of a marketplace. Understanding the time frames and exit mechanisms is crucial for investors. This section clarifies the typical duration of investments and provides insights into the available exit strategies on the Whisky Fractions Marketplace (WFM).

A. Duration

  1. Typical Investment Horizon: Whisky, as a maturing asset, often requires several years to reach optimal maturity and value. Investors should view whisky fractions as a medium to long-term investment, potentially spanning several years.
  2. Maturity Notification: Fractional owners will be informed when a whisky cask approaches its optimal maturity, along with any recommendations on whether to continue aging or to proceed with bottling/selling.

B. Exit Options

  1. Resale on WFM: Investors can list their fractions for sale on the WFM's secondary market (if available). This provides an opportunity for liquidity, though sale prices are influenced by market demand, and a quick sale isn't guaranteed.
  2. Collective Sale: When a majority (or other predetermined threshold) of fractional owners agree, the entire cask can be sold, either privately or to distilleries. Profits (or losses) from such sales are distributed among fractional owners based on their ownership percentage.
  3. Bottling & Sale: Another option is to bottle the matured whisky and sell it as individual bottles. This option is exercised when fractional owners collectively decide that bottling would yield a better return than selling the cask as a whole.

C. Voting Mechanism

  1. Decision-making: For decisions such as bottling or collective sales, fractional owners will have a say, typically weighted by their ownership percentage. The WFM will facilitate voting processes and ensure transparency.
  2. Majority Rule: Decisions are generally taken based on a majority vote, but the exact threshold will be specified for each cask or transaction type.

D. Fees & Charges on Exit

Exiting the investment, whether through resale, bottling, or a collective sale, may incur fees. These fees could include transaction charges, bottling costs, or other administrative expenses. All such fees will be clearly communicated in advance.

E. Timeline for Returns

After a successful exit, such as a collective sale or bottling, returns will be distributed to fractional owners within a specified timeframe, after deducting any relevant fees or charges.

F. Contractual Obligations

Some casks or investments might have specific contractual obligations or timelines determining when they can be sold or bottled. These obligations will be transparently communicated during the initial investment phase.

G. Changes in Exit Strategy:

The WFM reserves the right to introduce new exit strategies or modify existing ones based on market dynamics, investor feedback, or operational needs. Any such changes will be communicated to fractional owners promptly.

By investing in whisky fractions on the WFM, users acknowledge the inherent duration of this investment type and the associated exit strategies. Ensuring a clear understanding of these elements is paramount for a rewarding investment experience.

9. Tax and Financial Implication

Investing in whisky cask fractions introduces a set of financial benefits and obligations. The Whisky Fractions Marketplace (WFM) encourages all investors to understand the potential tax and financial consequences of their participation. This section provides an overview, but it is essential to consult with a financial advisor or tax professional for personalized advice.

  1. Capital Gains: When you sell your whisky fractions for a price higher than your purchase price, you may be subject to capital gains tax in your jurisdiction. The rate and application of this tax can vary based on factors like the duration of your investment and your personal tax bracket.
  2. Income from the Investment: Any income derived from the collective sale or bottling of whisky may be considered taxable income. This could include dividends, profit distributions, or other forms of income.
  3. Tax Reporting: The WFM will endeavor to provide annual statements or summaries of your transactions, which can be used for tax reporting. However, the responsibility for accurate tax reporting rests with the individual investor. It's crucial to keep a personal record of all transactions, including purchase receipts, sales records, and any income received.
  4. VAT and Other Duties: Depending on the jurisdiction, the sale or purchase of whisky fractions may attract Value Added Tax (VAT) or other similar duties. Additionally, the bottling or export of whisky may have associated duties or taxes.
  5. Tax Jurisdiction: The WFM operates in a specific legal jurisdiction, which may have its own tax implications. However, investors from other regions or countries should be aware that they may be subject to the tax laws of both the WFM's jurisdiction and their own.
  6. Estate and Inheritance Implications: Whisky fractions, as an asset, may be included in one's estate and could have inheritance tax implications. Investors should consider their estate planning strategies in this context.
  7. Financial Advice: The WFM encourages all users to seek independent financial and tax advice tailored to their personal circumstances. While we strive to provide accurate and up-to-date information, the WFM cannot offer personalized tax or financial guidance.
  8. Changes in Tax Laws: Tax laws and financial regulations are subject to change. It's essential for investors to stay informed about any changes in their jurisdiction that might affect their investment.

    9. By participating in the WFM, users acknowledge the potential tax and financial implications of their investments. It's crucial to approach this unique investment opportunity with a comprehensive understanding of its fiscal consequences.

    10. Conflicts of Interest

    The Whisky Fractions Marketplace (WFM) is committed to acting with integrity and transparency. To protect our users and uphold the highest ethical standards, we have instituted policies and measures to identify, manage, and mitigate potential conflicts of interest. This section outlines our approach to ensuring fairness and equity in our operations.

    A conflict of interest arises when the WFM or its employees, agents, or representatives have a direct or indirect interest that conflicts, or may conflict, with the interests of our users.

    The WFM proactively identifies potential conflicts of interest, including:

    1. Personal financial interests of WFM's employees or representatives.
    2. Commercial relationships that could influence the operation of the marketplace.
    3. Any situation where the platform's interests may compete with users' interests.

    If a conflict of interest is identified and cannot be avoided, it will be promptly and transparently disclosed to affected users. This way, users can make informed decisions about their participation in the platform.

    The WFM has established internal procedures to manage and control potential conflicts. These measures include:

    1. Segregation of duties: Ensuring that decision-making processes are split among different individuals or teams to prevent undue influence.
    2. Regular training for employees and representatives about the importance of recognizing and managing conflicts of interest.
    3. Periodic reviews of operations to detect and address new potential conflicts.

    In situations where a conflict is identified, relevant personnel are required to recuse themselves from decision-making processes related to that conflict.

    Users are encouraged to report any perceived conflicts of interest or any actions that they believe might not be in the best interest of the WFM community.

    Our conflict of interest policy undergoes regular review to ensure its effectiveness and relevance. Adjustments are made in line with best practices and regulatory requirements.

    By using the WFM, users acknowledge and accept our approach to managing conflicts of interest. We remain committed to prioritizing the interests of our users and maintaining the highest standards of fairness and transparency.

    11. Dispute Resolution

    While the Whisky Fractions Marketplace (WFM) strives to offer an impeccable experience, we recognize that disputes might arise occasionally. Our commitment is to provide a clear, fair, and efficient process to resolve any disagreements or issues that users might encounter.

    1. Notification: If users have concerns or disputes related to any transaction or aspect of the WFM, they should promptly notify our Customer Service team with all relevant details, ideally within 30 days of the issue arising.

    2. Internal Review: Upon receiving a complaint or dispute, our team will acknowledge receipt and initiate an internal review. We aim to investigate and respond to all concerns within a reasonable timeframe, typically 14 business days.

    3. Mediation: If the dispute isn't resolved through our internal review, both parties may agree to enter mediation. Mediation involves a neutral third party who will assist in reaching a mutually acceptable resolution. Costs associated with mediation will typically be shared equally among the disputing parties unless otherwise agreed.

    4. Arbitration: If mediation is unsuccessful or if either party prefers to bypass mediation, the dispute may be submitted to binding arbitration. The arbitration will be conducted by a recognized arbitration body chosen by mutual agreement or if no agreement can be reached, a body designated by local laws or regulations. The findings of the arbitration will be binding on both parties. Arbitration expenses will be borne as directed by the arbitration ruling.

    5. Governing Law and Jurisdiction: These terms and conditions, including all matters of dispute resolution, are governed by the laws of the State of Wyoming, USA. By using the WFM, users agree that any legal action or proceedings will be brought in the courts of Wyoming, USA.

    6. User Responsibilities: Users are encouraged to keep all records, receipts, and communications related to the transactions that may be the subject of a dispute. Such documentation may be critical in the resolution process.

    7. Waiver of Class Actions: By using the WFM, users agree to resolve disputes with WFM on an individual basis. Users waive any right to participate in a class action or other collective legal action.

    8. Updates and Changes: The WFM may update this Dispute Resolution section from time to time. Any changes will be communicated to users, and continued use of the platform will be deemed acceptance of these terms.

    By participating in the WFM, users acknowledge and accept the outlined dispute resolution procedures. Our primary objective is to ensure that any concerns are addressed promptly, fairly, and with the utmost respect for all parties involved.

    12. Limitation of Liability

    While the Whisky Fractions Marketplace (WFM) is dedicated to providing a high-quality platform for buying and selling fractions of whisky casks, there are certain limitations to our liabilities. This section sets forth the extent and conditions of our responsibilities to users.

    1. No Warranty: The WFM is provided "as is" without any warranties, either express or implied. We do not guarantee uninterrupted or error-free service, nor do we offer warranties related to the accuracy, reliability, or completeness of any content or information provided on or through the platform.

    2. Limit on Direct Damages: To the fullest extent permitted by applicable law, WFM's total liability to any user for any and all claims arising out of or related to the use of, or any inability to use, any portion of the platform or otherwise under these terms, whether in contract, tort or otherwise, is limited to the amount the user has paid to WFM for access to and use of the platform in the twelve (12) months prior to the event giving rise to the liability.

    3. Exclusion of Indirect Damages: WFM is not liable for any indirect, special, incidental, or consequential damages, including but not limited to, loss of profits, data, goodwill, or any other intangible losses, arising out of or in connection with the platform, its services, or these terms.

    4. User's Sole Remedy: If a user is dissatisfied with any portion of the platform, or with any clause of these terms, the sole and exclusive remedy is to discontinue using the platform.

    5. Indemnification: Users agree to indemnify and hold harmless WFM, its officers, directors, employees, agents, and affiliates, from any claims, damages, losses, liabilities, and expenses, including legal fees, arising out of their misuse of the platform, their violation of these terms, or their violation of any third-party rights, including intellectual property rights.

    6. External Links & Third-Party Interactions: WFM may contain links to third-party websites or services, or users may have interactions with third-party entities through the platform. WFM is not responsible for the content, policies, or actions of these third parties and shall not be liable for any loss or damage arising from dealings with such entities.

    7. Force Majeure: WFM will not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including natural disasters, strikes, acts of war or terrorism, disruptions to transportation or communications, supply chain interruptions, or software or hardware malfunctions.

    8. Severability: If any part of this Limitation of Liability is held to be invalid or unenforceable, the remaining parts will stay in effect and remain enforceable.

    By using the WFM, users acknowledge and agree to these limitations on the platform's liability. Understanding these limitations is vital for making informed decisions regarding the use and interactions with the platform.

    13. Risk Disclosures

    Investing in whisky cask fractions through the Whisky Fractions Marketplace (WFM) presents various risks. While WFM aims to facilitate a reliable and transparent marketplace, potential investors must carefully consider the inherent risks. This section seeks to highlight and disclose these risks, though it is not exhaustive and cannot capture all potential risks involved.

    1. Market Risk: The value of whisky casks and their fractions can fluctuate based on various factors, including market demand, brand reputation, global economic conditions, and more. There's no guarantee that a whisky cask's value will appreciate over time.

    2. Liquidity Risk: Whisky cask fractions may not be as liquid as other investments. There's no assurance that you will be able to sell your fractions promptly or at your desired price when you wish to exit.

    3. Operational Risk: Risks such as mishandling, accidents, or other unforeseen events during the storage, transport, or bottling of the whisky could impact its value.

    4. Quality and Authenticity Risk: Despite our best efforts to ensure the authenticity and quality of the whisky casks on our platform, there's a risk associated with the genuineness and quality of the product.

    5. Regulatory and Legal Risks: Changes in laws or regulations, either in the country of storage, your country, or internationally, could impact the sale, transport, or value of whisky casks.

    6. Duration and Aging Risk: Whisky's maturation is an intricate process influenced by environmental factors, cask type, and more. There's no guarantee that extended aging will improve the whisky or increase its value.

    7. Economic Risks: Economic downturns, trade barriers, or other macroeconomic factors can affect the whisky industry, potentially leading to decreased demand and lower prices.

    8. Currency Risk: If you're investing from outside the primary currency jurisdiction of the WFM, fluctuations in currency exchange rates might affect your investment's value.

    9. Force Majeure: Events beyond our control, such as natural disasters, wars, pandemics, or other unforeseen events, can impact the whisky industry and the value of your investment.

    10. Counterparty Risk: There's a risk that a counterparty, such as a storage facility or transporter, may default on their obligations, leading to potential losses.

    11. Platform Risk: While we strive for continuous, uninterrupted service, there's always a risk of technical glitches, hacks, or other issues that could temporarily impede the platform's operation.

    12. General Investment Risks: Investments are subject to market risks and involve the potential for profit as well as the risk of loss. The value of investments can fluctuate and may be worth more or less than the initial invested amount. There is no guarantee that any investment strategy will achieve its objectives.

    13. Past Performance: Past performance is not indicative of future results. It should not be assumed that future investments will be profitable or will equal the performance of past investments. Historical performance data and any projection or estimation do not guarantee future investment performance.

    14. No Investment Advice: The content provided herein is for informational purposes only and should not be construed as financial or investment advice. It does not constitute an offer, solicitation, or recommendation to purchase any particular security or investment.

    15. Diversification: Diversifying one's portfolio does not assure a profit or protect against loss in declining markets. It is a method used to help manage investment risk.

    16. No Guarantee: No investment strategy, including diversification, can guarantee a profit or protect against loss in periods of declining values.

    17. Forward-looking Statements: Some content may contain forward-looking statements based on current expectations, forecasts, and assumptions that involve risks and uncertainties. Actual results could differ materially from those anticipated in these forward-looking statements.

    18. Opinions and Information: All opinions expressed herein are subject to change without notice. Information has been obtained from sources believed to be reliable, but its accuracy and interpretation are not guaranteed.

    Before making any investment decision, it's strongly recommended that you seek advice from a qualified professional, such as a financial advisor, tax consultant, or legal counsel.

    By participating in the WFM, users acknowledge and accept these risks. It's vital to perform due diligence and consult with financial advisors before making any investment decisions. Investments in whisky fractions should be approached as long-term and speculative, understanding that the value can go up as well as down.

    14. Intellectual Property

    The Whisky Fractions Marketplace (WFM) values and protects its intellectual property, as well as respects the intellectual property rights of others. The following provisions outline the rights, restrictions, and responsibilities pertaining to intellectual property on the WFM platform.

    Ownership

    All content present on the WFM, including but not limited to design, logos, graphics, text, software, and multimedia (audio, video), is the exclusive property of WFM or its licensors and is protected by national and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

    License to Use

    WFM grants users a limited, non-exclusive, non-transferable, and revocable license to access and use the platform solely for its intended purposes, as laid out in our terms and conditions.

    Prohibitions

    Users may not:

    1. Reproduce, distribute, publicly display or perform, or prepare derivative works based on any part of the WFM without explicit permission.
    2. Misappropriate any part of the platform for their own or third-party commercial gains.
    3. Use any automated systems or means to access, acquire, copy, or monitor the platform's content.

    User-Submitted Content

    Any content submitted by users (e.g., reviews, comments, photos) remains the intellectual property of the user. However, by submitting content, users grant WFM a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, and display that content in connection with the platform and WFM's business.

    Users confirm that they have all necessary rights to grant such permissions without infringing upon the rights of any third party.

    Reporting Infringements

    If any user believes their intellectual property rights have been infringed upon by content on WFM, they should contact us immediately with detailed information about the alleged infringement. WFM will take appropriate measures, which may include removing the challenged content.

    Trademarks

    The WFM logo and any associated brand names, slogans, or other symbols are trademarks of WFM or its affiliates. No license or right to use these trademarks is granted without the explicit written permission of WFM.

    Updates and Changes

    WFM reserves the right to change, modify, or update its content at any time, and these changes might include the removal of previously available content.

    Penalties for Violation

    Violations of WFM's intellectual property rights may result in penalties, including but not limited to suspension or termination of access to the platform and legal actions for damages.

    By using the WFM, users acknowledge and agree to respect all intellectual property rights associated with the platform and to abide by the conditions laid out in this section.

    15. Data Protection & Privacy

    The Whisky Fractions Marketplace (WFM) is deeply committed to safeguarding the personal data and privacy of its users. This section explains how we collect, process, store, and protect user data.

    15-A. Data Collection

    1. Personal Data: We may collect data provided during registration, such as name, email address, contact number, postal address, and payment details. Other voluntary data might include preferences, reviews, or feedback.

    2. Usage Data: Automatically collected data might include IP addresses, device type, browser type, pages visited, and duration of visit.

    15-B. Purpose of Data Collection

    Data collected serves various purposes such as user authentication, processing transactions, improving platform services, communicating with users, and compliance with legal obligations.

    15-C. Data Storage & Security

    WFM employs stringent security measures to ensure the protection of user data.

    User data is stored for as long as necessary to fulfill the purposes for which it was collected or to comply with legal, accounting, or reporting requirements.

    15-D. Data Sharing & Disclosure

    WFM will not sell or lease user data to third parties. However, certain data may be shared with trusted partners, vendors, or regulatory bodies if required for operational purposes or legal compliance.

    Users will be informed or asked for consent where necessary when data sharing occurs.

    15-E. User Rights

    Users have rights concerning their personal data, including:

    1. Access: Users can request access to their data stored by WFM.
    2. Rectification: Users can correct inaccurate or incomplete data.
    3. Deletion: Users can request the deletion of their data, subject to legal obligations.
    4. Objection: Users can object to the processing of their data for specific purposes.
    5. Transfer: Users can request a transfer of their data to another entity.

    15-F. Cookies & Tracking

    WFM uses cookies and similar technologies for enhancing user experience and gathering data on platform usage. Users can configure their browsers to decline cookies but may experience limited platform functionality.

    15-G. Third-Party Links

    The platform may contain links to external websites. WFM is not responsible for the data protection practices of these third-party sites.

    15-H. Data Breaches

    In the unlikely event of a data breach, WFM commits to notifying affected users and relevant authorities within the timeframe mandated by applicable laws.

    15-I. Data Protection Officer (DPO)

    WFM has appointed a DPO who can be reached on team@hyfidao.com for queries, concerns, or to exercise user rights related to data protection.

    15-J. Amendments to this Section

    WFM reserves the right to update or modify the Data Protection & Privacy section periodically. Users will be notified of significant changes.

    By using the WFM, users acknowledge and agree to the practices described in this section. It's essential for users to review this section periodically to stay informed about WFM's data protection and privacy measures.

    16. Prohibited Activities

    In accessing or using the Whisky Fractions Marketplace ("Site"), you're expected to uphold the integrity and respect the nature of the platform. Any actions outside the intended use of the platform or in contradiction to our guidelines are prohibited. As a user, you shall not:

    1. Extract data or content from our platform to form collections, compilations, or directories without our explicit permission.

    2. Attempt fraudulent activities, including deceiving us or other users, especially to obtain sensitive information like passwords.

    3. Bypass or undermine our security features or copy any content that we have restricted access to.

    4. Misrepresent or harm the reputation of Whisky Fractions Marketplace.

    5. Use acquired information from our Site for harassment or harm towards others.

    6. Misuse our support services or provide false reports.

    7. Breach any relevant laws or regulations while using the Site.

    8. Introduce malware, excessive spam, or any disruptive content.

    9. Engage in automated data mining or the use of scripts for unsolicited interactions.

    10. Impersonate another user or misuse another user's identity.

    11. Interfere with other users' seamless experience on the platform.

    12. Reverse engineer any part of our software or platform.

    13. Use agents to make unauthorized purchases on the platform.

    14. Compete with us or use our platform for unauthorized commercial purposes.

    15. Sell or transfer your profile or engage in activities that are against ethical standards.

    17. User Generated Contributions

    Whisky Fractions Marketplace may provide opportunities for users to share content, including reviews, comments, and other contributions ("Contributions"). Please be aware:

    1. All Contributions are accessible to other users and might appear on third-party sites.

    2. You vouch that your Contributions don’t violate proprietary rights and you have all necessary permissions.

    3. Any harmful, false, or offensive content is prohibited.

    4. Using the platform for unsolicited promotions is not allowed.

    5. Your Contributions must abide by legal standards, respect privacy, and not discriminate or promote violence.

    6. Any breach might lead to suspension or termination of your use of Whisky Fractions Marketplace.

    18. Contribution License

    On sharing Contributions, you grant Whisky Fractions Marketplace an irrevocable, worldwide license to use, reproduce, and distribute your content across any medium. This includes any trademarks or proprietary content you share. Though you retain ownership, you allow us unlimited rights to your Contributions.

    We retain the right to modify, categorize, or delete your Contributions as we see fit. Monitoring Contributions is at our discretion, and we are not liable for any statements made by users.

    19. Guidelines for Reviews

    We value your opinions and feedback. If you're leaving a review:

    1. Base it on firsthand experiences.

    2. Avoid offensive or discriminatory language.

    3. Do not reference illegal activities.

    4. Remain unbiased, especially if associated with competitors.

    5. Ensure accuracy and avoid misleading statements.

    We reserve the right to manage reviews but are not obligated to screen or endorse them.

    20. Advertisers

    We offer spaces on our Site for advertisers to showcase their products, ranging from sidebars to banners. Advertisers are solely responsible for the content and products they advertise. As an advertiser, you guarantee that you have the necessary rights to display your advertisements, be it intellectual, contractual, or publicity rights. We provide the space, but our relationship with advertisers is purely transactional.

    21. Termination

    The Whisky Fractions Marketplace (WFM) believes in maintaining a trustworthy and efficient platform for all users. However, in certain circumstances, it might be necessary for either users or WFM to initiate termination procedures. The terms of such terminations are detailed below:

    User-Initiated Termination

    Users may terminate their account with WFM at any time through the provided interface in their account settings or by contacting our support.

    Upon termination by a user, all personal data associated with the account will be deleted or anonymized, except for any data WFM is legally obligated to retain.

    WFM-Initiated Termination

    WFM reserves the right to suspend or terminate user accounts, with or without notice, for any of the following reasons:

    1. Breach of these terms and conditions or any other policies of WFM.
    2. Conduct harmful to other users or the reputation of WFM.
    3. Fraudulent or illegal activities.
    4. Non-payment or other financial issues.
    5. Any other actions deemed by WFM to be in conflict with the platform's intent and purpose.

    Consequences of Termination

    1. Upon termination, the user will lose access to their WFM account and any associated data.
    2. Any outstanding financial obligations or investments must be settled as per the terms defined in other sections of this agreement.
    3. Termination does not absolve users of liabilities incurred during their time using WFM.

    Retention Post Termination

    WFM may retain certain data post-termination to comply with legal obligations, settle disputes, and enforce agreements. Such data will be handled according to our Data Protection & Privacy section.

    Reactivation

    Users whose accounts have been terminated by WFM may not be allowed to re-register or reactivate their accounts without express permission from WFM.

    Disputes & Appeals

    If a user disputes the reason for termination initiated by WFM, they can contact our support team or follow the procedures outlined in the Dispute Resolution section.

    Survival

    Even after termination, certain provisions of this agreement will continue in effect, including but not limited to Intellectual Property, Limitation of Liability, and Dispute Resolution.

    By using the WFM, users acknowledge and agree to these termination procedures and consequences. WFM emphasizes clear communication and aims to work collaboratively with users to prevent the need for account termination whenever possible.

    22. Regulatory Compliance

    The Whisky Fractions Marketplace (WFM) is committed to operating within the confines of relevant legal and regulatory frameworks. This section explains WFM's adherence to such standards and the expectations from its users.

    1. Users are responsible for ensuring that their activities on WFM do not contravene any regulatory requirements applicable to them, particularly if operating from outside the platform's primary jurisdiction.

    2. In line with regulatory requirements, WFM may conduct KYC and AML checks on users to prevent illicit activities. Users must provide accurate information and cooperate fully during these checks. Failure to comply or attempts at deceiving these processes may lead to termination of the account.

    3. Users are encouraged to seek independent financial advice before making investments.

    4. WFM respects and complies with data protection and privacy laws, ensuring that users' personal and financial data is handled with utmost integrity. More details can be found in the Data Protection & Privacy section.

    5. Users outside of WFM's primary jurisdiction are responsible for ensuring their compliance with local regulatory frameworks when engaging in transactions or investments on the platform.

    6. Regulatory landscapes may evolve, and WFM will adjust its operations accordingly. Users will be informed of significant changes impacting their activities on the platform.

    7. WFM will cooperate with legal and regulatory authorities in any investigations or requests for information, within the confines of applicable laws.

    8. Users who become aware of any violations or potential violations of regulatory requirements on WFM are urged to report them immediately to our support team.

    By using WFM, users acknowledge their responsibility to be aware of and adhere to all relevant regulations that apply to their activities on the platform. WFM stresses the importance of regulatory compliance to ensure the safety, legitimacy, and trustworthiness of its operations.

    23. Amendments

    As the Whisky Fractions Marketplace (WFM) continues to grow and innovate, there may be occasions when our policies, including these terms and conditions, need to be revised. This section details the procedure for making and notifying users of such changes.

    1. WFM reserves the right to modify, add, or remove portions of these terms and conditions, or any policy associated with the platform, at any given time, based on operational, legal, regulatory, or other reasons.

    2. Significant amendments to the terms and conditions or any major policy will be communicated to users through appropriate channels, which may include email notifications, notices on the platform, or other reasonable means.

    3. Users are advised to review this page and other policy pages periodically to stay informed about any updates.

    4. Each amendment will specify its effective date. If no date is specified, the amendment becomes effective immediately upon its posting on the platform or notification to users.

    5. Continuing to use the platform after an amendment becomes effective constitutes acceptance of those changes. If a user disagrees with any amendment, their sole remedy is to discontinue their use of the platform.

    6. WFM values feedback from its user community. Users are encouraged to share their perspectives or concerns regarding any amendments or proposed changes.

    7. WFM may archive and store previous versions of the terms and conditions for record-keeping and reference. Users may request access to these archived versions if needed.

    8. In rare cases, due to unforeseen circumstances or urgent regulatory requirements, some amendments may need to be enforced immediately. In such cases, WFM will make every effort to notify users as swiftly as possible.

    By using the WFM, users acknowledge and agree to be bound by the most recent version of the terms and conditions and any other policies in place. Regular review of these documents is advised to ensure users remain informed of their rights and obligations.

    24. Contact Information

    The Whisky Fractions Marketplace (WFM) prioritizes clear communication with its users. Whether you have inquiries, require assistance, or wish to provide feedback, our dedicated team is ready to assist. Below are the best avenues through which you can reach us:

    General Inquiries

    Email: team@hyfidao.com

    Phone / WhatsApp: +1(951)389-4927

    Technical Support

    For issues related to the platform, account access, or technical glitches, please reach out to our tech support team.

    Email: team@hyfidao.com

    Investment & Financial Queries

    For questions about your investments, transactions, or other financial matters.

    Email: team@hyfidao.com

    Feedback & Suggestions

    We value the feedback from our community. If you have suggestions for improvements or want to share your user experience.

    Email: team@hyfidao.com

    Postal Address

    HYFI FRACTIONS Corporation1603 Capitol Avenue, Suite 413 #4067, Cheyenne, WY 82001, United States

    Social Media & Community Channels

    Stay updated and engage with our community through our official social media platforms:

    Twitter: https://twitter.com/hyfi_blockchain

    Instagram: https://www.instagram.com/hyfi_blockchain

    LinkedIn: https://www.linkedin.com/company/hyfiblockchain