2. DEFINITIONS

For the purposes of these Terms and Conditions, the term:

• 'Cases’ means the virtual lootboxes available on the Platform, which users can open to receive various items, rewards, or benefits. These Cases are acquired using coins earned through user engagement and participation on the Site;
• ‘Personal Data’ as defined in our Privacy Policy, means any information that can be associated with a specific individual and can therefore be used to identify that person;
• ‘Site’ or ‘Platform’ means EarnLab.com and includes any sub-links as well as mobile or mobile application version thereof; and
• ‘your account’ means your personal account, duly registered on the Site.

3. SERVICES AVAILABLE ON THE PLATFORM

3.1 Services, as used throughout these Terms and Conditions shall include any features, options, functionality or facilities made available by the Company, whether on the Site or otherwise, and including but not limited to the option to participate in any online applications, any reward programmes, any online surveys and/or any other Services provided by the Company and this, whether via the Site, or otherwise (hereinafter referred to as the ‘Services’).

It is hereby being agreed that all customers of EarnLab Limited shall be bound by these Terms and Conditions, whether accessing the Site, or otherwise.

4. CREATING AN ACCOUNT

4.1 In order to make use of the Services provided by us, you must register online.

4.2 Upon registration, you will be required to:

• (i) choose a display name;
• (ii) provide us with your email address; and
• (iii) set a password. The password shall contain at least six (6) characters.

4.3 In the event that you realize that the information provided at the registration stage is inaccurate or incorrect, you must inform us immediately so that we can amend it accordingly.

4.4 By registering online, you warrant and represent that:

• (a) you have read, understood, and fully agree with these Terms and Conditions;
• (b) you are of the approved legal age (to register), in the jurisdiction in which you reside and/or in the jurisdiction from where you are accessing the Site;
• (c) you are legally able to enter into binding contracts;
• (d) you are not prohibited from registering online by any law or regulation in force in your country of residence;
• (e) you have not already had an EarnLab account registered in your name, which was permanently closed from our end;
• (f) you have provided complete, accurate, and up-to-date information when opening your account;
• (g) you have not been instructed by any authority or any other regulatory body to refrain from participating in any online applications, any reward programmes, any online surveys and/or any other Services provided by the Company; and
• (h) you are opening your account solely for personal use.

4.5 We reserve the right to refuse your registration (without prior notice and without giving any reason) in the following instances:

• (i) where false or incomplete information is given to us;
• (ii) where we are of the reasonable opinion that registration shall not be permitted;
• (iii) where you fail to adhere to any of these Terms and Conditions; and/or
• (iv) when instructed to do so by any law or regulation, competent Authorities and/or any regulatory bodies.

5. VERIFICATION CHECKS AND PLAYER INFORMATION

5.1 By signing up and using the Site, you agree to promptly provide us with any and all information that we might require, for registration purposes.

5.2 We also reserve the right to:

• a. request proof of age documentation, as well as evidence to verify your identity, amongst other information, as may from time to time be necessary;
• b. conduct verification checks;
• c. suspend temporarily your online account, until any required and requested documents are received; and/or
• d. permanently or temporarily close off your account, where it is unable to complete the necessary checks to our satisfaction.

5.3 We also reserve the right to verify your identity before granting or allowing the redemption of any Rewards (as defined herein). In this respect, you hereby agree that we shall have a right (but not an obligation) to request a copy of your passport, driver’s license, or state Identity Card or by requesting, whether directly or indirectly via a third-party service to verify the mobile number associated with your account.

6. REWARDS

6.1 Where applicable, we will offer you rewards for your interaction with or participation in certain online applications, in certain online surveys, in certain online offers and/or in any other online play for which Rewards are granted (hereinafter referred to as the ‘Rewards’).

6.2 Rewards are digital and will be delivered electronically to the email address associated with your account.

6.3 Regardless of the way they are presented on the Site, Rewards can never be exchanged for monetary cash. For the avoidance of any doubt, it is hereby being agreed that Rewards can only be exchanged and/or received in gift cards, PayPal Credit, cryptocurrency, or any other method as the Company may from time to time determine.

6.4 You hereby acknowledge and accept that you will only be entitled to any accumulated Rewards which you may have earned by completing various tasks online – such as, by playing games, taking surveys, completing assignments, and opening Cases.

6.5 Rewards shall only be due to you once all applicable requirements are met. In this regard, EarnLab reserves the right to determine (at its own discretion and without the need to provide any justifiable reason) whether your progress on the Site meets the said requirements, or otherwise.

6.6 Before interacting or participating in any online applications, online surveys, online offers, or any other online play for which Rewards are granted, you are to ensure that you have also read any terms and conditions specifically related to the application, survey, offer, etc. (if and where applicable). We reserve the right to:

• (i) change or limit the amount or type of Rewards granted;
• (ii) change or limit the eligibility for, or frequency of the said Rewards;
• (iii) change or limit the amount of Rewards which you can gain, over a specified period.

All such changes shall apply with immediate effect, and no prior notice or warning shall be given by the Company.

6.7 The earning of any Reward/s or any other digital collectibles from the Site shall not grant you any equity, ownership, or profit-sharing interest in the Company or any of its affiliated or otherwise.

6.8 By agreeing to these Terms and Conditions, you are hereby agreeing that we will not be able to recover any unused Rewards for you, for any reason whatsoever or in the event that access to your email address or account is lost.

6.9 You hereby also agree that in the event that you are incorrectly awarded any Rewards as a result of:

• (a) a human error;
• (b) any bug, defect, or error in the Site or its software; or
• (c) the failure of any relevant product/s or applications,

any such winnings and/or Rewards shall be considered as void.

For the avoidance of any doubt, you are strictly prohibited from using any error which may occur on the Site to your advantage. We reserve the right to cancel any progress made in this manner, and this without the requirement of any prior notice.

7. REDEEMING YOUR REWARDS

7.1 You may view all Rewards earned on https://www.earnlab.com/profile.

7.2 All Rewards must be redeemed within a period of ninety (90) days, from the reward date. Unless Rewards are redeemed within a period of ninety (90) days from the date of reward, we reserve the right to cancel, reverse, revoke or withdraw the Rewards granted, and this, without any prior notice and without incurring any liability whatsoever.

7.3 Rewards may be limited and are generally available on a first-come, first-served and while-supplies-last basis.

7.4 In the event that you try to redeem a Reward which was earned, and it results that such Reward is out of stock, or unavailable (for any reason whatsoever), EarnLab may, at its sole and absolute discretion, provide you with a reward that is similar to that which was originally earned.

7.5 None of the Rewards can be returned, exchanged, or returned for credit unless agreed otherwise by us, in writing.

8. PROMOTIONAL ITEMS OR BONUSES

8.1 From time to time, we may also offer promotional items or bonuses (hereinafter the ‘Promotional Items or Bonuses’) on the Site.

8.2 Specific terms of use may be applicable for such Promotional Items or Bonuses. In this regard, it shall be your responsibility to ensure to also read any related terms of use.

8.3 Should there be any inconsistency between these Terms and Conditions and the terms of use of the Promotional Items or Bonuses, the terms of use of the Promotional Items or Bonuses shall prevail.

8.4 Where applicable, and when all the requirements are met, you can choose to convert points earned, into the so-called cases. Cases are additional types of rewards, available on the Site (hereinafter referred to as the ‘Cases’).

9. LEADERBOARD

9.1 The Site will also contain a board (hereinafter the ‘Leaderboard’) on which users of the Site can track their progress and compare their skills to other users who are using the Site. This ultimately means that the more points you earn and/or receive, the higher you will end up on the said Leaderboard.

9.2 Specific rewards, offers and/or promotional items may, from time to time be available, to users who are at the forefront of the said Leaderboard.

10. TAXATION OF EARNINGS

10.1 It shall be your sole obligation and responsibility to determine whether the Rewards and/or the Promotional Items or Bonuses received, are taxable in your country of residence.

10.2 You hereby agree that EarnLab shall bear no responsibility whatsoever when it comes to the payment of taxes due on any earnings. Such payments shall be borne completely by you.

10.3 By using the Site and by accepting the Rewards and/or the Promotional Items or Bonuses earned, you acknowledge that it is your sole responsibility to seek expert advice regarding whether there are any tax considerations and/or tax liability, which would need to be accounted for when accepting earnings from EarnLab, and this, whether such earnings are being earned from the Site or otherwise.

11. ADDITIONAL WARRANTIES AND DISCLAIMERS

11.1 The use of the Site shall be at your own risk, and you shall be solely responsible for your conduct whilst using:

• (i) the Site; and
• (ii) any of our Services.

11.2 You are also solely responsible for the activities of any users that occur in connection with your account.

11.3 You must maintain the security of your account. You hereby agree that you will not hold us responsible for managing and maintaining the security of your account. We shall in no way be held liable for any unauthorized access to your account, and it shall be your obligation to ensure to promptly notify us if you discover or suspect that someone has accessed your account without your permission.

11.4 The Services provided via Site are provided by the Company on an 'as-is' basis. Any and all information made available on the Site is made available for general information purposes only. Reliance on such information shall be done entirely at your own risk.

11.5 It is your sole responsibility to check whether your activity on the Site is legal in the country from which you are accessing the Site and/or your country of residence. We shall bear no responsibility in this regard.

11.6 We reserve the right to restrict access to some parts of the Site and/or to the Site itself as the case may be. In this respect, we shall bear no responsibility and/or liability whatsoever if:

• (i) at any time, all or part of the Site is inaccessible; and/or
• (ii) if, for any reason whatsoever, you are prevented from accessing the Site (or any part thereof).

11.7 The Company does not, in any way, warrant that:

• (a) the Site and the Services provided by the Company will meet your requirements;
• (b) the Site and the Services are accurate, complete, reliable, current, or error-free;
• (c) the Site and the Services provided by the Company will be uninterrupted, accurate, and/or timely;
• (d) the Services available on the Site, as well as any other features or functions available on it and the servers that the Site operates on, will be without interruption or delay or will be error-free, free from defects, viruses, or bugs;
• (e) the Site and/or the Services made available on it, are compatible with all softwares; and/or
• (f) the Site is compatible with all third party wallets (if and where applicable).

In addition to the above, whilst we will do our very best in ensuring that our Services are safe, we cannot and do not represent or warrant that our Services or the Site is free of viruses or harmful components. You assume the entire risk in this regard.

11.8 We will also not be responsible or liable to you for any loss and take no responsibility for, damage, losses and costs or claims arising out of:

• (i) forgotten passwords;
• (ii) data loss;
• (iii) server failure;
• (iv) corrupted wallet files;
• (v) unauthorized third party activities;
• (vi) attack against the Site;
• (viii) irresponsible purchases or others acts; amongst others.

11.9 You further warrant, undertake and represent that you shall not knowingly or negligently interrupt, corrupt, or exploit the Site or any of the Services offered by the Company, including for example by:

• (a) attempting to gain unauthorized access to any of the Services;
• (b) using any features which may affect the function or performance of the Site, for example by releasing viruses, or any other malicious or harmful material;
• (c) interfering or tampering with, removing, or otherwise altering in any way the information which is included on the Site; or
• (d) attacking the Site or the Services provided on the Site, in any way.

In this regard, we reserve the right to take legal action against you and to claim compensation for any damages, claims, and losses sustained.

11.10 Save as otherwise set out in these Terms and Conditions, you shall be prohibited from selling, renting, leasing, assigning, or granting access in any manner whatsoever of your account to any other third party, without our prior written consent.

11.11 The Site may also, at times, experience flaws, and you hereby acknowledge that you are aware that such flaws may result in cyber-attacks, technical difficulties, and other malfunctions, which may cause interruptions or delays in the platform. You hereby agree that in such instances, the Company shall not be held accountable for any losses, damages, or claims sustained by you.

11.12 The price and value of cryptocurrency and other similar or digital collectibles may be subject to fluctuation based upon industry trends and settlements. We shall also not bear any responsibility in this regard.

12. LINKS AND THIRD PARTY SERVICES

12.1 The Site may (at times) contain links, references to, or services provided by other websites. EarnLab has no knowledge and has not reviewed or inspected the information contained on such other websites and does not endorse the companies, websites, or the products to which it links. We are therefore not responsible for the contents or policies of such other websites and do not accept any liability whatsoever for any damage, losses, costs, or claims resulting from your access to such other websites.

12.2 Where you decide to visit any third-party websites linked to the Site, you will be doing so entirely at your own risk.

12.3 You further acknowledge and agree that the EarnLab shall not be responsible or liable, whether directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or through the reliance on, third-party websites, goods, or services available on or through any such websites and/or services.

12.4 You further also acknowledge that the Site may contain certain tasks which are:

• (i) supplied and provided by third-party providers and;
• (ii) which require users to make real-money transactions in in-app purchases, by depositing the amount of $10.00 in online casinos, amongst others. These tasks will offer higher Rewards.

12.5 With reference to the provisions of the immediately preceding clause, you hereby acknowledge and accept that EarnLab shall bear no liability and/or responsibility whatsoever, for tasks which are supplied and provided by third-party providers. By undertaking and participating in such tasks, you accept that you will be doing so, entirely at your own risk.

12.6 The opinions found on third party websites do not necessarily portray EarnLab's opinions and beliefs.

13. OTHER RESTRICTIONS

13.1 You shall be expressly prohibited from:

• (a) modifying or in any way altering or tampering with the Site, or any of the Services provided by the Company, whether via the Site, or otherwise;
• (b) registering or attempting to register any trademark, copyright or otherwise acquire additional intellectual property rights on the Site or on any other content available on it;
• (c) modifying the Services (as provided by the Company) or any content available on the Site, or removing any proprietary rights, notices, or markings, or otherwise making any derivative works based upon the Services or the content available on the Site;
• (d) reverse engineering any aspect of our Services or the Site, or do anything that might locate or bypass source codes or other codes; and/or
• (e) access code data, copy or tamper with any of our Services or the Site.

14. DE-REGISTRATION, TERMINATION AND SUSPENSION OF SERVICES

14.1 You may close-off your account and de-register at any point in time. To do so, we kindly ask you to contact our Customer Service team by sending an email on support@earnlab.com. After your account has been closed, it will remain closed unless and until you ask for it to be re-opened.

14.2 In the event that you close-off your account and/or if you choose to de-register your account, you will be entitled re-register or re-activate your account at any point in time. Having said that, in this regard you hereby accept that any progress made, may be lost.

14.3 Save as otherwise set out in these Terms and Conditions, we reserve the right to close off, or suspend your account and cease the provision of any of our Services to you (whether temporarily or permanently), in the event that:

• (a) there is a material technological failure which prevents us from making the Site or any of the Services available to you; and/or
• (b) you fail to adhere to any provisions of these Terms and Conditions; and/or
• (c) the Company has sufficient evidence and/or reason to believe that you have cheated or attempted to defraud any of the Services, the Site, or the Company in any manner whatsoever; and/or
• (d) we suspect that you are involved in illegal and/or fraudulent activity; and/or
• (e) we suspect that you are colluding with others in order to gain an unfair advantage over other players or customers; and/or
• (f) we suspect that you are cheating to gain an advantage or to boost your Rewards; and/or
• (g) you are prohibited from accessing the Site, from the country in which you are playing and/or from your country of residence; and/or
• (h) you have concealed or provided false identification information and/or other detail/s to us.

The above-mentioned list is non-exhaustive, and the Company reserves the right to close off or suspend your account (whether temporarily or permanently) at its own discretion.

14.4 Any provisions of these Terms and Conditions, which by their nature can survive termination, shall do so, including but not limited to liability, confidentiality, and indemnity clauses.

15. CLOSURE OF INACTIVE ACCOUNTS

15.1 Accounts which have not been logged into within a term of two (2) years shall be regarded as inactive and will be closed down with immediate effect. All Rewards and progress will be lost.

15.2 It should also be noted that we reserve the right to amend our policies and regulations in relation to inactive accounts. If following such amendments, your account becomes inactive (pursuant to the new rules) then we reserve the right to close down your account accordingly – without compensation or further obligation regarding such closure.

16. LIMITATION OF LIABILITY

16.1 To the fullest extent permissible by law under no circumstance shall the Company, its directors, employees, shareholders, officers, parents, subsidiaries, affiliates, licensors, agents, suppliers and/or partners, be liable for any claim, injury, loss, damage, incidental, or any consequential damage of any kind, or any other damages whatsoever, including without limitation, damages for loss of data, loss of income, loss of goodwill, loss of business, loss of reputation, loss of opportunity etc. whether advised of the possibility of such damages or otherwise or whether foreseeable or otherwise, arising out of or in connection with:

• (i) your use or inability to use the Site and the Services being provided on it;

• (ii) any of the Services provided by the Company;

• (iii) information provided on the Site;

• (iv) any mistakes, suspension, deletion of files or email, damages to computer systems or other equipment, errors, defects, viruses, delays, or any other failure whatsoever arising through the use of or by accessing the Site;

• (v) any statements by any third parties;

• (vi) any flaws in third party websites;

• (vii) your failure to carefully read these Terms and Conditions;

• (viii) any other matter relating to the Site, or the Services provided on it; and

• (ix) any other matter or difficulty resulting from the use of the Site and the Services.

16.2 The Company shall also not bear any responsibility whatsoever for any losses sustained by you due to the vulnerability or any kind of failure, whether in relation to software, in relation to third-party wallets, in relation to third party services, amongst others.

16.3 The Company shall also not bear any responsibility for claims in relation to (i) disputes between users, (ii) acts or omissions of third parties; (iii) any matter which is not caused as a result of the Company’s gross negligence or wilful misconduct; and/or (iv) anything else for which you have agreed that the Company shall have no responsibility or liabilities pursuant to these Terms and Conditions.

16.4 Notwithstanding anything else set out in these Terms and Conditions, the liability of the Company, its directors, employees, shareholders, officers, parents, subsidiaries, affiliates, licensors, agents, suppliers and/or partners shall in no event exceed, in aggregate, the amount of one thousand euros (€1,000.00).

The limitation set forth shall not limit or exclude the liability for gross negligence on part of the Company, or for fraud or intentional misconduct on part of the Company.

17. INDEMNITY

17.1 To the fullest extent permissible by law, you shall indemnify, defend, and hold harmless the Company and its directors, employees, shareholders, officers, parents, subsidiaries, affiliates, licensors, agents, suppliers and/or partners from and against any losses, claims, damages, expenses, costs, or claims arising out of or in relation to:

• (i) Your use of the Portal and the Site;
• (ii) Your conduct in connection with the Services;
• (iii) Your conduct when accessing and using any online applications, any reward programmes, any online surveys and/or any other Services provided by the Company or by third party providers, whether via the Site or otherwise;
• (iv) Your violation of any of these Terms and Conditions, Privacy Policy or applicable terms and policies;
• (v) Your violation of any intellectual property rights;
• (vi) Your dispute with any other user;
• (vii) Your violation of any other rights; and/or
• (viii) Your failure to properly read these Terms and Conditions and to keep abreast of any updates or amendments.

18. INTELLECTUAL PROPERTY RIGHTS

18.1 Any and all content available and accessible on the Site, including but not limited to, text, illustrations, graphics, images, software, videos, methods, techniques etc. is owned or licenced by the Company. You are strictly prohibited from accessing, printing, downloading, saving, storing, copying, using or otherwise, any material from the Site, unless permitted in writing by us.

18.2 Without prejudice to anything else set out in these Terms and Conditions, you are hereby being given a limited, terminable, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use our Services for your own personal non-commercial use. Any use of our Services other than specifically authorised by virtue of these Terms and Conditions, without our prior written consent, shall be strictly prohibited. We reserve the right to seek legal action against you should you violate any obligation set out herein.

18.3 Any and all information on the Site, shall not be shared, distributed, saved, copied, downloaded, or displayed without the prior written consent of the Company.

18.4 The Company’s name, trade names, logos, slogans, and symbols included or referenced on the Site (where applicable) are protected by national and international trademarks and for this reason, their copy, use, or distribution is illegal. We reserve the right to take legal action where the Company’s name, trade names, logos, materials and/or symbols are used, copied, imitated, or distributed without the prior written consent of the Company.

19. PRIVACY AND CONFIDENTIALITY

19.1 We value your privacy and for this reason, we will not be requesting any information that is unnecessary. We commit ourselves to do our utmost to ensure that the Company’s directors, officers, members, employees, agents, attorneys, representative, affiliates, and associates do not disclose to any person, any non-public proprietary, documents and/or confidential information which we may have obtained as a result of the relationship between us in terms of these Terms and Conditions, except to the extent necessary further to any laws, regulation, rules, or agreements.

19.2 All Personal Data, including that which is collected through the use of the Site, shall be kept confidential and shall be processed in accordance with our Privacy Policy which may be accessed here.

20. AMENDMENTS

20.1 We reserve the right to at any time (i) modify and alter the contents of the Site; and (ii) change the Services provided on the Site, and this, without any prior notice to you. We shall not be liable for any consequences resulting from any such modifications or changes.

20.2 Whilst we reserve the right to amend, change or modify any of the provisions set out in these Terms and Conditions, without any prior notice, we will inform you should any amendment, change or modifications to the Terms and Conditions, be considered to be a material change.

20.3 For the purposes of the immediately preceding sub-article, a ‘material change’ shall be one which brings about substantial limitation to your current rights or obligations.

20.4 Changes and amendments to these Terms and Conditions will be effective immediately.

20.5 We shall bear no responsibility whatsoever whenever third-party service providers change or amend their own terms and conditions. In this regard, it shall be your sole responsibility to check and keep abreast of any changes which may ensue.

20.6 You are strongly advised to re-visit these Terms and Conditions from time to time, and it shall be your sole responsibility to ensure that this is being done.

21. FORCE MAJEURE

21.1 Any delay, failure or performance or defective performance by the Company shall not constitute a default or give rise to any claim so long as such failure is due to circumstances beyond the Company’s control or force majeure. ‘Force majeure’ shall include but shall not be limited to the following unforeseeable events, namely; exceptional whether conditions, fire, strikes, epidemics, pandemics, shortage of energy or labour, industrial actions, compliance with any law or governmental order, rule, regulation or direction, machinery malfunctions, IT system disruptions or disruptions due to any health and safety measures strictly imposed by competent authorities which are beyond the control of the Company and which result in the impossibility to perform the contractual obligations set out in these Terms and Conditions, whether temporarily or permanently.

21.2 Changes in any relevant or applicable law or regulation shall also constitute a Force Majeure, and we will not be responsible for any result or any damage which arises out of such changes in the relevant and applicable laws and/or regulations.

22. LANGUAGE

22.1 You acknowledge that, for convenience only, these Terms and Conditions may be translated into a language other than English.

22.2 In the event of a conflict or ambiguity between the English language version and the translated versions of these Terms and Conditions, the English language version shall always prevail.

23. HOW TO REACH US AND HOW TO SUBMIT AN INQUIRY OR COMPLAINT

23.1 You may contact us via email by sending an email to support@earnlab.com.

23.2 All inquiries and complaints must be made in writing and addressed to the Customer Support Team.

23.3 We will do our very best to ensure that your inquiries are replied to within a period of seven (7) business days.

23.4 If, in the case of complaints, on receipt of feedback you are still unsatisfied with our reply, the matter may be referred to the Head of Customer Support who will give his/her final response to the matter within a period of five (5) business days.

23.5 You understand that we may treat any feedback as non-confidential.

24. ENTIRE AGREEMENT

These Terms and Conditions, including any documents and material incorporated by reference, constitute the entire agreement between you and us, and supersedes all prior or contemporaneous agreements and understandings – both written or oral and in relation to any subject matter.

25. SEVERABILITY

The invalidity or unenforceability of any provision of these Terms and Conditions, as determined by a court of competent jurisdiction, shall in no way affect the validity or enforceability of any other provision thereof.

26. ASSIGNMENT

26.1 We reserve the right to assign or transfer our obligations in terms of these Terms and Conditions to third parties.

26.2 You are strictly prohibited from assigning or transferring your rights under these Terms and Conditions to any third parties.

27. NOTICES

All agreements, notices, disclosures, and other communications that we may need to provide you with, will be provided in electronic form, to the email address provided at registration stage. Should you, at any time, change your email address, it shall be your obligation to inform us with immediate effect. We accept no responsibility in this regard.

28. MISCELLANEOUS

Nothing in these Terms and Conditions shall be construed as creating any agency, partnership, or any other form of joint enterprise between you and us.

29. GOVERNING LAW

29.1 Where permissible, these Terms and Conditions shall be governed and construed in accordance with the laws of Malta.

29.2 Any dispute arising out of the use of the Site and/or any Services provided by the Company, shall be settled in the Courts of Malta.

29.3 If and only where permissible, you shall submit yourself to the exclusive jurisdiction of the Maltese Courts.