Terms and Conditions & Token Sales Agreement
iNf4mation TERMS AND CONDITIONS OF USE
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.
1.4 [You must be at least  years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least  years of age.]
1.6 Any reference in whole or in part to the Company and/or iNf4mation and/or www.iNf4mation.com and/or www.iNf4mation.io and./or www.iNf4.finance and/or iNf4 shall mean iNf4mation Limited (Seychelles).
2 . Copyright notice
2.1 Copyright (c) 2018-2021 onwards iNf4mation Limited (Seychelles).
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) [stream audio and video files from our website; and] subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 [You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.]
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 [Notwithstanding Section 4.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].]
4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) [access or otherwise interact with our website using any robot, spider or other automated means;]
(f) [violate the directives set out in the robots.txt file for our website; or]
(g) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).]
5.2 [You must not use data collected from our website to contact individuals, companies or other persons or entities.]
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].
6. Registration and accounts
6.1 [To be eligible for an individual account on our website under this Section 6, you must [be at least 18 years of age].]
6.2 You may register for an account with our website by [completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you].
6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.4 You must not use any other person's account to access the website[, unless you have that person's express permission to do so].
7. User IDs and passwords
7.1 If you register for an account with our website, [we will provide you with / you will be asked to choose] a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7.6 It is our recommendation that you use additional security features such as Two Factor Authentication (2fa) to protect your account.
8. Cancellation and suspension of account
8.1 We may:
(a) [suspend your account;]
(b) [cancel your account; and/or]
(c) [edit your account details,] at any time in our sole discretion without notice or explanation.
8.2 You may cancel your account on our website [using your account control panel on the website].
9. Your content: licence
9.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website].
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 [You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.]
9.5 [You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.]
9.6 [You may edit your content to the extent permitted using the editing functionality made available on our website.]
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10. Your content: rules
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) [depict violence[, in an explicit, graphic or gratuitous manner];]
(m) [be pornographic[, lewd, suggestive or sexually explicit];]
(n) [be untrue, false, inaccurate or misleading;]
(o) [consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;]
(p) [constitute spam;]
(q) [be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or]
(r) [cause annoyance, inconvenience or needless anxiety to any person.]
11. Limited warranties
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
12.3 [To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.]
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 [You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).]
13. Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14.1 We may revise these terms and conditions from time to time.
14.2 [The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.]
14.3 [If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.]
15. Risk to Participants
15.1 Due to unforeseeable risks associated with cryptocurrencies or other unknown factors, iNf4mation and any of its staff/team/advisors cannot guarantee the success of delivery of the project. However, we do guarantee that our team will do everything possible to achieve our goals identified in the roadmap.
15.2 iNf4mation is designed from experience with proven concepts and best practices and represents fundamental advancements in blockchain technology. The software is part of a holistic blueprint for a globally scalable blockchain society in which decentralized applications can be easily deployed and governed.
16. General Risk Factors
16.1 The following is a summary of the main risk factors in relation to iNf4mation business.
16.2 In general, and iNf4 Utility Token Sale event in particular.
16.21 Utility Token Generation Event (TGE) Risks
a. There is no prior market for utility tokens and the Utility Token Generation Event (TGE) may not result in an active or liquid market for the utility tokens
b. Future sales of the Utility Tokens could materially and adversely affect the market price of Utility Tokens.
c. Negative publicity may materially and adversely affect the price of the Utility Tokens.
d. There is no assurance of any success of the Company’s business platform or any future Utility Token functionality.
e. The market price of the Utility Tokens may fluctuate following the Utility Token Generation Event (TGE).
f. The private keys to any iNf4mation wallet may be compromised and the cryptocurrencies may not be able to be disbursed.
g. Any reference whatsoever to “tokens” means “Utility Tokens”.
h. The Utility Token may be significantly influenced by cryptocurrencies market trends and the Utility Token value may be severely depreciated due to non-iNf4 related events in the cryptocurrency’s markets.
i. The use of the Utility Tokens may come under the scrutiny of governmental institutions.
j. The ownership of Utility Tokens may fall under new and unpredicted taxation laws that will erode Utility Tokens benefits.
k. There may be unanticipated risks arising from the Utility Tokens.
l. Applicable laws and regulations may limit the utility, functionality, the accessibility and transferability of the Utility Tokens.
m. Utility Token Generation Event (TGE) have been known to come under malicious attacks from hackers and/or other parties resulting in the theft of Utility tokens. Such events may inflict massive losses on buyers and the company.
n. Unpredictable unknown unknowns
o. The iNf4 token has not yet been registered under the U.S. Securities Act of 1933 (“Securities Act”), as amended, and may not be offered or sold in the United States or to a U.S. person (as defined in Regulation S promulgated under the Securities Act) absent registration or an applicable exemption from the registration requirements.
p. The information provided on this website does not constitute investment advice, financial advice, trading advice, or any other sort of advice and you should not treat any of the website's content as such. The iNf4mation team does not recommend that any cryptocurrency should be bought, sold, or held by you. Do conduct your own due diligence and consult your financial advisor before making any investment decisions. By purchasing iNf4, you agree that you are NOT purchasing a security or investment and you agree to hold iNf4mation harmless and not liable for any losses or taxes you may incur. You also agree that the team is presenting the token "as is" and is not required to provide any support or services. You should have no expectation of any form from iNf4mation and its team. Although iNf4 is an EXPERIMENTAL token for social experiment and not a digital currency, the team strongly recommends that United States persons do not purchase it because the team cannot ensure compliance with United states regulations. Always make sure that you are in compliance with your local laws and regulations before you make any purchase.
q. There are always risks associated with smart-contracts. Please use at your own risk. iNf4mation and iNf4 are not a registered broker, analyst or investment advisor. Everything that we provide on this site is purely for guidance, informational and educational purposes. All information contained herein should be independently verified and confirmed. iNf4mation DO NOT accept any liability for any loss or damage whatsoever caused in reliance upon such information or services. Please be aware of the risks involved with any trading done in any financial market. Do not trade with money that you cannot afford to lose. Capital at risk. When in doubt, you should consult a qualified financial advisor before making any investment decisions.
17. Company Related Risks
17.1 The Company may be materially and adversely affected if it fails to effectively manage its operations as its business develops and evolves which would have a direct impact on its ability to maintain or operate the Company’s business platform and/or develop structure and/or license any future Utility Token functionality.
17.2 The Company may experience system failures, unplanned interruptions in its network or services, hardware or software defects, security breaches or other causes that could adversely affect the Company’s infrastructure network, and/or the Company’s business platform.
17.3 The Company may in the future be dependent in part on the location and data centre facilities of third parties.
17.4 The Company reserves the right to move location/territory without prior notice General global market and economic conditions may have an adverse impact on the Company’s operating performance, results of operations and/or cashflows.
17.5 The Company or the Utility Tokens may be affected by newly implemented regulations.
17.6 The Company may not be able to pay any anticipated rewards in the future.
17.7 Unpredictable unknown unknowns.
17.8 Any reference whatsoever to “The Company” or “iNf4mation” or “iNf4” means “iNf4mation Limited (Seychelles)”
18. Business Use/Customer Data Related Risks
18.1 iNf4mation wish to be explicitly clear that customer/user data integrity and/or any other data related matters including and not limited to GDPR will always remain the responsibility/liability of the Business User. The Business User and the Business Users Company must ensure their own data governance and/or stewardship to avoid the risks of data leakage and other protections for the security of their own data. iNf4mation and/or any of its staff/team/advisors/etc. cannot and will not be held liable for any customer/user data related matters/issues.
19. Excluded Territories Policy
19.1 Any person or entity or party subject to sanctions from the United States of America or the Cayman Islands from time to time including, without limitation, certain citizens of: Belarus, Burundi, Canada, Central African Republic, China, Cuba, Iran, Libya, North Korea, Somalia, Sudan and Darfur, Mali, Republic of Guinea, Republic of Guinea-Bissau, Syria, restricted states in the United States of America and Zimbabwe will not be permitted to enter into any such Purchase Documents and/or otherwise purchase Tokens.
19.2 The iNf4 token has not yet been registered under the U.S. Securities Act of 1933 (“Securities Act”), as amended, and may not be offered or sold in the United States or to a U.S. person (as defined in Regulation S promulgated under the Securities Act) absent registration or an applicable exemption from the registration requirements.
19.3 Should it be later established that person/entity/party from these restricted territories have made purchases, they may forfeit any such sums paid (i.e. no refund) and no guarantee / warranty / liability / risks can or will be accepted by iNf4mation and/or its staff / team / employees / advisor / associates / products.
20.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
20.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
20.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
20.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
21. Third party rights
21.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
21.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
22. Entire agreement
22.1 Subject to Section 12.1, these terms and conditions, together with [our privacy and cookies policy], shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
23. Law and jurisdiction
23.1 These terms and conditions shall be governed by and construed in accordance with English law.
23.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of [the Seychelles].
24. Statutory and regulatory disclosures
24.1 [We subscribe to Electronic Communications Act 2000, plus operates within the guidelines set by: legislation.gov.uk, BIS – Department for Business Innovation & Skills and Government Procurement Service supplier, which can be consulted electronically at http://www.salesforce.com/assets/pdf/misc/WP_Forcedotcom-Security.pdf.]
24.2 We are not VAT registered
25. Our details
26.1 This website is owned and operated by iNf4mation Limited (Seychelles). Company registration number: 227890
26.2 Our principal place of business is House of Francis, Suite 303, Ile Du Port, Mahe, Seychelles.
26.3 You can contact us by using our website contact form, by email to [email protected]
1.1 We welcome links to our website made in accordance with the terms of this policy.
1.2 [This policy is intended to assist you when linking to our website. / By using our website you agree to be bound by the provisions of this policy.]
2 . Links to our website
2.1 Links pointing to our website should not be misleading.
2.2 Appropriate link text should always be used in links pointing to our website.
2.3 [From time to time we may update the URL structure of our website and, unless we agree in writing otherwise, all links should point to www.iNf4mation.com and/or www.iNf4mation.io and/or www.iNf4.finance and/or www.iNf4.shop.]
2.4 You must not use our logo to link to our website (or otherwise) without our express written permission.
2.5 You must not link to our website using any inline linking or site scraping technique.
2.6 You must not frame the content of our website or use any similar technology in relation to the content of the website.
3 . Links from our website
3.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
3.2 We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
4 . Removal of links
4.1 You agree that, should we request the deletion of a link to our website that is within your control, you will delete the link promptly.
4.2 If you would like us to remove a link to your website that is included on this website, please contact us using the contact details below. Unless you have a legal right to demand removal, such removal will be at our discretion.
5 . Variation
5.1 We may amend this policy at any time by publishing a new version on our website.
6 . Our details
6.1 This website is owned and operated by iNf4mation Limited (Seychelles). Company registration number: 227890
6.2 Our principal place of business is House of Francis, Suite 303, Ile Du Port, Mahe, Seychelles.
6.3 You can contact us by using our website contact form, by email to [email protected]
The iNf4mation Limited (Seychelles) White Paper/s is/are for information purposes only. iNf4mation does not guarantee the accuracy of or the conclusions reached in the white paper/s, and the white paper/s is/are provided “as is”. iNf4mation Limited (Seychelles) does not make and expressly disclaims all representations and warranties, express, implied, statutory or otherwise, whatsoever, including, but not limited to: (i) warranties of merchantability, fitness for a particular purpose, suitability, usage, title or non-infringement; (ii) that the contents of this white paper are free from error; and (iii) that such contents will not infringe third-party rights; (iv) that user and/or customer data integrity and data related matters are the responsibility/liability of the User. iNf4mation Limited (Seychelles), its officers, staff, team and/or its affiliates shall have no liability for damages of any kind arising out of the use, reference to, or reliance on this white paper or any of the content contained herein, even if advised of the possibility of such damages. In no event will iNf4mation Limited (Seychelles), its officers, staff, team and/or its affiliates be liable to any person or entity for any damages, losses, liabilities, costs or expenses of any kind, whether direct or indirect, consequential, compensatory, incidental, actual, exemplary, punitive or special for the use of, reference to, or reliance on this white paper or any of the content contained herein, including, without limitation, any loss of business, revenues, profits, data, use, goodwill, liability and/or other intangible losses.
FORWARD LOOKING STATEMENTS
Forward-looking statements that involve risks, uncertainties, and assumptions. If any such risks or uncertainties materialize or if any of the assumptions prove incorrect, the results of iNf4mation Limited (Seychelles). or its Directors, officers or contractors could differ materially from the results expressed or implied by the forward-looking statements made. All statements other than statements of historical fact could be deemed forward-looking statements, including: any projections of product or service availability, customer growth, earnings, revenues, or other financial items; any statements regarding strategies or plans of management for future operations; any statements concerning new, planned, or upgraded services or developments; statements about current or future economic conditions; and any statements of belief.
The risks and uncertainties referred to above include - but are not limited to - risks associated with possible fluctuations in financial and operating results; rate of growth; interruptions or delays in service; breaches of security measures; the financial impact of any previous and future acquisitions; the nature of business; the ability to continue to release, and gain customer acceptance of, new and improved versions of any third party service; successful customer deployment and utilization of existing and future services; competition; the emerging markets of operation; the ability to hire, retain and motivate employees and manage growth; changes in customer base; technological developments; regulatory developments; litigation related to intellectual property and other matters; and general developments in the economy, financial markets, and credit markets. iNf4mation Limited (Seychelles). assumes no obligation and does not intend to update these forward looking statements, except as required by law.
Any unreleased services or features made reference to in any communication or presentations are not currently available and may not be delivered on time or at all. Customers / clients who contract with iNf4mation Limited (Seychelles). should make their purchase decisions based upon information that is currently available.
INF4 UTILITY TOKEN SALES AGREEMENT
THIS DOCUMENT IS NOT A SOLICITATION FOR INVESTMENT AND DOES NOT CONSTITUTE AN OFFER OF DIGITAL CURRENCY, COMMODITY, SECURITY, FINANCIAL INSTRUMENT OR ANY OTHER FORM OF INVESTMENT, SECURITIES TO THE PUBLIC OR A COLLECTIVE INVESTMENT SCHEME, NOR DOES IT REQUIRE REGISTRATION OR APPROVAL FROM A REGULATORY AUTHORITY IN ANY JURISDICTION.
This Agreement is part of a reward-based fundraising event and no financial instruments are issued to the Participant.
Tokens are not securities and do not carry with them any rights as may be commonly associated with securities and this Agreement, its Annexes or any other documents which an integral part of the Agreement are do not constitute an offer of securities to the public by INF4 Token.
THIS TOKEN SALE AGREEMENT (the “Agreement” and/or “Token Crowdsale Agreement”) is made as of today
iNf4mation Ltd, a limited company incorporated in the republic of Seychelles (hereinafter referred to as the “Company”)
Any person (natural or juridical), who intends to participate in and contribute towards, this public reward-based fundraising and become a Participant (hereinafter referred to as the “Participant”)
(Hereinafter singly referred to as the ‘Party’ and collectively referred to as the ‘Parties’)
WHEREAS, the Company intends to accept contributions through a Token Crowdsale, in exchange for an allocation of Tokens up to an amount not exceeding the Maximum Token Amount, and during the Token Crowdsale Period.
WHEREAS, the amount raised will be used to fund the Company’s development of a platform (the “Platform”) that enables the Company to create and release products and services that allow users of the Platform to inter alia (i) make payments, (ii) and participate in other services.
WHEREAS, the terms of the Token Crowdsale and other information and details of Token and the Project are outlined on the Website and in the Whitepaper.
WHEREAS, the Company declares that, having taken all reasonable care to ensure that such is the case, the information contained in this Agreement and on the Website, to the best of its knowledge, is in accordance with the facts and contains no omission likely to affect a Participant’s decision to participate in the Token Crowdsale or not.
WHEREAS, the Token Crowdsale applies only to Participants who confirm that they are not Prohibited Participants.
WHEREAS, the Company intends only to accept contributions in the tokens denoted on the web page for the Tokens unless otherwise decided at the discretion of the Company.
WHEREAS, the Company and the Participant desire to enter into a relationship in which the Participant shall contribute towards the Project, and the Company shall allocate the Tokens to be used on the Platform, developed by the Company.
WHEREAS, Tokens are linked to the use of the Platform and are not designed or disingenuously devised to acquire shares or security/ies or equivalent rights, intellectual property rights or any other form of participation relating to the Company or money, or any expectation of profits.
NOW, THEREFORE, in consideration of the mutual agreements herein contained, and intending to be legally bound, the parties agree as follows:
the token created and issued by INf4mation Ltd. The Company may be deemed to include its subsidiary/ies, parent/s and/or other related parties who will be contributing to the development and completion of the Project.
a hybrid decentralized platform that the Company is developing and owns, operating on the basis of cloud, blockchain technology and smart contracts.
an event whereby it becomes necessary, recommendable or less disadvantageous for the Company to dissolve or liquidate.
means (i) with respect to ETH the relative ETH/USD exchange rate displayed as an estimate to the Participant prior to the contribution and calculated by the Company on the basis of an averaged ETH/USD exchange rate which shall be acquired from multiple independent sources at the time of the contribution and (ii) with respect to other means of payment, the exchange rate to be used shall be determined by the Company the same way and agreed with the Participant.
the aggregate maximum contribution that may be accepted by the Company from any number of Participants and which amount shall not exceed USD 12,000,000 or equivalent in any ratio of USD/EUR, BTC and/or ETH, (subject to Exchange rate) as a consequence of which Tokens shall be allocated to the Participant/s from within the Total Token Supply;
Maximum Token Amount
the total amount of Tokens available for allocation during the Token Crowdsale in exchange for contribution received which contribution shall not exceed the Hard Cap.
there is a minimum contribution of 30-100 USD or equivalent depending on the phase of the Token Crowdsale, but the Company reserves the right to introduce or renounce a minimum contribution at a later stage. A contribution less than a possible minimum contribution may at the Company’s discretion not be accepted.
refers to any person (natural or juridical), who intends to participate in the Token Crowdsale and acquire and hold Token and become a Participant under this Token Crowdsale Agreement.
the amount in ETH, BTC or other accepted currency contributed by a Participant subject to the USD exchange rate.
a monetary value set by the Company at USD 0,06 to USD 0,20 per Token used as a reference in order to determine the number of Tokens to be allocated to a Participant further to the Participation Amount.
(i) a natural person wishing to become a Participant and being a citizen, national, resident or having a similar connecting factor to; or (ii) a juridical person wishing to become a Participant and being incorporated, registered or effectively managed and controlled form or in: a country, jurisdiction or territory where the Token Crowdsale or the holding and use, of Tokens and/or virtual currencies or other tokens at any other moment in time is prohibited by laws, regulations or other practices and policies in the said country, jurisdiction or territory, which is taken to include, but is not limited to Seychelles, Belarus, Burundi, Central African Republic, China, Cuba, Iran, Libya, North Korea, Somalia, Sudan and Darfur, Mali, Republic of Guinea, Republic of Guinea-Bissau, Syria and Zimbabwe or any other jurisdictions where the aforementioned are prohibited. This shall include any person representing or acting on behalf of such Prohibited Participant/s in any manner or capacity whether openly or covertly.
the Project being the reason behind the Token Crowdsale with the aim of creating the Platform into which Token/s shall be utilized as explained on the Website.
the Terms of Token Crowdsale as may be amended from time to time, which shall govern the purchase and use of Tokens and the Platform.
a utility cryptographic decentralized token named “INF4” based on the Etherium platform intended primarily for the use of, access or participation to the Platform as outlined on the Website.
the offer made by the Company, through four Phases to a public reward-based fundraising event, to accept contributions towards the Project, which contributions will be rewarded with an allocation of a determinate amount of Tokens, in the Private Sale of the Token, to participants according to the terms of this Agreement.
The Token Crowdsale will be conducted on the project's webpage and at a later stage other platforms or exchanges.
Token Crowdsale Period
The Token Crowdsale Period starts on the date and time set to be announced on the website and continues for a period of up to six (6) months or the moment when the Maximum Token Amount has been reached, whichever occurs earlier;
Total Token Supply
the total amount of Token supplied shall be 10 BIllion (10,000,000,000); where a total of 60 Million (54,000,000) are to be sold in the Crowdsale (Maximum Token Amount).
a private key, or a combination of private keys linked to a Etherium digital wallet having a unique address and capable of accepting ERC-20 tokens including the INF4 Token and which is necessary to acquire, hold and dispose of the INF4 Token. To start with the Company will only support the Metamask wallet.
the website linked to the domain https://www.iNf4mation.com/ and all subdomain of such websites or any other website as indicated by the Company from time to time.
Terms and context
The reference to the terms “country”, “jurisdiction” and “territory” may be used interchangeably within this Agreement and shall have the same meaning and shall also be taken to include any determinate geographic location to the extent applicable in this Agreement.
The reference to the term “holding” used with respect to the holding of Token shall be construed to include holding in any manner including but not limited to ‘ownership’ and ‘possession’, whether in the Participant’s own name or on behalf of others.
The term “use” with respect to the use of Token shall be construed to include ‘trade’, ‘barter’, ‘exchange’ or ‘utilising’ of Token in any other manner, whether in the Participant’s own name or on behalf of others.
The term “Wallet” shall be construed to include ‘digital Vault’ or other storage mechanism and these terms may be used interchangeably within this Agreement.
The terms “you”, “your”, “he”, “contributor” and “participant” may be used interchangeably within this Agreement and shall have the same meaning as the definition of Participant above.
The terms “we”, “us”, “our” and “company” may be used interchangeably within this Agreement and shall have the same meaning as the definition of Company above.
The headings in this Agreement are inserted for convenience only and shall not affect its construction.
Where the context so requires, the use of the masculine gender shall include the feminine and/or neuter genders and the singular shall include the plural, and vice versa.
The Participation process, detailed on the Website, will involve the Company accepting contributions from a Participant during the Token Crowdsale. The Company shall not be obliged to accept contributions that are less than the Minimum Contribution and shall also not be obliged to accept contributions from Participants who do not provide the documents necessary.
Acceptance to this Agreement, the Terms and any other documents made via the Website together with the contribution made by the Participant shall be legally binding on the Participant.
Therefore, to the extent that the Company refuses to accept the Contribution as outlined in this Agreement, the contribution shall be non-refundable.
The Company intends only to accept contributions ETH, and BTC for the Tokens. The Company reserves the right to accept other or additional payment methods and currencies.
Transfer of Tokens
Tokens are issued at the sole discretion of the Company on submission of the requisite Participation Amount, and satisfaction of the following cumulative conditions: (a) the Participant has accepted via the Website, the term of this Agreement, its Annexes and any other documents forming part of the Contract; (b) the Participant has transferred the contribution which the Company has confirmed receipt of; (c) The Contribution satisfied the Minimum Contribution, during the Token Crowdsale, unless otherwise accepted by the Company; (d) the Company has received, is satisfied with, the documentation requested in Annex I; (e) the Company has no reason to believe that the Representations made in Annex II are incorrect or false;
After all the above cumulative conditions are fulfilled, the transfer of Tokens shall be made electronically to the designated Wallet, within a reasonable time after the Token Crowdsale Period ends.
Where any of the above cumulative conditions has not been satisfied by the Participant, the Company shall request immediately the Participant to rectify the situation and satisfy the said conditions. Failure to do so within a reasonable time, the Company shall reserve the right to return the contribution to the Participant minus any fees and/or costs.
The Tokens shall not be transferable until the Token Crowdsale Period ends, and all Maximum Token Amount has been allocated and distributed.
3.1. The Participant is not eligible to acquire any Tokens if the Participant is a Prohibited Participant as defined above. Tokens are not available to any Prohibited Participant and the Company retains the right to refuse to transfer the Tokens to any Prohibited Participant.
3.2. The Participant understands and agrees that it is his obligation to ensure compliance with any legislation relevant to his country of residence or domicile concerning the acquisition of Tokens. The Participant also represents and warrants that to the extent that he is not a Prohibited Participant, it is solely up to him to inform himself and ensure that no prior or subsequent approval, notification, registration or licence is needed or if such is needed it is solely up to him to obtain such prior or subsequent approval, notification, registration or licence.
3.3. All Tokens allocated from the Company are final, and there are no refunds or cancellations except as may be required by applicable law, decree, regulation, treaty, or administrative act and/or as set forth in Clause 4 of this Agreement. The Company reserves the right to refuse or cancel the acquisition of Tokens at any time at its sole discretion.
3.4. The Participant confirms his understanding that Tokens are not securities and do not carry with them any rights as may be commonly associated with securities. In particular, Tokens do not grant any rights with respect to corporate decision making. Also, Tokens do not grant a right to dividends, votes or proceeds upon liquidation or any other right to payment from the Company. Tokens are intended solely to be used on the Platform. Rights of the Participant in this Token Crowdsale are limited to statutory and contractual rights according to Law.
3.5. The Participant confirms his understanding that the Company retains all right, title and interest in all of its intellectual property, including inventions, discoveries, processes, marks, methods, compositions, formulae, techniques, information, source code, brand names, graphics, user interface design, text, logos, images, information and data pertaining to the Website, the Project and Token whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyrights or patents based thereon. A Participant may not use any of the Company’s intellectual property for any reason, except with the Company’s express, prior, written consent.
3.6. Acquiring Tokens by the Participant in no way creates any exclusive relationship between the Participant and the Company, nor any partnership, joint venture, employment or agency.
3.7. The Participant confirms his understanding that the Company shall issue Tokens once the Token Crowdsale is closed; and only if documentation requested in Annex I and other verifications have been passed and approved by the Company at its sole discretion.
4. Dissolution Event
4.1 In the case of a Dissolution Event before the Token Crowdsale end date, the Company will refund an amount equal to the Participation Amount (less any Network Fees) and payable to the Participant immediately prior to, or concurrent with, the consummation of the Dissolution Event, subject to rights and privileges of creditors under Seychelles law.
4.2. If immediately prior to the consummation of the Dissolution Event, the assets of the Company that remain legally available for distribution to the Participant and all participants entering this Agreement separately, as determined in good faith by the Company’s board of directors, are insufficient to permit the payment to all Participants of their respective Participation Amounts, then the remaining assets of the Company legally available for distribution, following all distributions to the shareholders and creditors, will be distributed with equal priority and pro-rata among the Participants in proportion to their Participation Amounts.
This Agreement will expire and terminate upon the earlier of (i) the allocation of Tokens to the Participant according to Clause 2 or refund of the amount of Participation Amount to Participant as the case may be; or (ii) the payment, or setting aside for payment, of amounts due to the Participant according to Clause 4;
All provisions of the Terms which by their nature should survive termination, shall survive termination, including but not limited to, disclaimers or limitations of obligations or liability and indemnity.
6. Representations and Warranties of
The Company hereby represents and warrants to the Participant that:
a. the Company is a company duly organized and validly existing under the laws of the jurisdiction of its incorporation and has the power to own and lease its properties and to carry on its business as now being conducted and as presently proposed to be conducted;
b. the Company has the legal right and full power and authority to enter into, execute, deliver and perform their respective obligations under the Agreement;
c. the execution and performance of this Agreement by the Company have been duly authorized by all necessary actions of the Company, and this Agreement has been duly executed and delivered by the Company;
d. The execution and performance of the Agreement does not and will not breach any agreement or obligation by which they are bound or will not violate or infringe any applicable law or tax regulations; and
e. The Agreement, once executed, will constitute legal, valid, binding and enforceable obligations towards the Parties.
7. Representations and Warranties of the Participant
The Participant hereby represents and warrants to the Company that:
a. The Participant is an individual or a legal entity duly organized and validly existing under the laws of the jurisdiction of its incorporation;
b. The Participant has the legal right and full power and authority to enter into, execute, deliver and perform their respective obligations under the Agreement;
c. The execution and performance of this Agreement by the Company have been duly authorized by all necessary actions of the Company, and this Agreement has been duly executed and delivered by the Company;
d. The execution and performance of the Agreement does not and will not breach any agreement or obligation by which they are bound or will not violate or infringe any applicable law or tax regulations;
e. The Participation Amount is provided on Participant’s own account, not as a nominee or agent, and not with a view to assigning any part thereof, and Participant has no present intention of selling, granting any participation in, or otherwise distributing any interest the Participant has under with respect to the Participation Amount or otherwise in connection with this Agreement;
f. Participant does not have any contract, undertaking, agreement or arrangement with any person to sell, transfer or grant participations to such person or to any third person, with respect to this Agreement and/or the Participation Amount;
g. Participant is a Participant in a Project in its development stage and acknowledges that it is able to fend for itself, can bear the economic risk of its acquisition of Token, and has such knowledge and experience in financial or business matters that it is capable of evaluating the merits and risks of this Agreement;
h. The Participant has such knowledge and experience and sophistication in financial, tax, business and technology matters as to enable the Participant to evaluate the legal, economic and other merits and risks associated with this Agreement and the transactions contemplated thereby, including, but not limited to, subscribing for Token, and to make an informed decision with respect thereto. Without prejudice to the foregoing, the Participant hereby represents and warrants to the Company that he has carefully reviewed and understands and accepts the various risks of entering into this Agreement, including the Participant’s possible participation in the Token Crowdsale and the risks associated with subscribing for Token. The Participant hereby consents and agrees to bear such risks.
i. The Participant hereby warrants that is responsible for determining what taxes shall be applied including, for example, Crowdsale, use, value-added, and similar taxes. Any amount that the Participant pays for Tokens is exclusive of all applicable taxes. It is also the Participant’s responsibility to withhold, collect, report and remit the possible taxes to the appropriate tax authorities. The Company is not responsible for withholding, collecting, reporting, or remitting any Crowdsale, use, value-added, or similar tax arising from the purchasing of Tokens.
j. The Participant understands and agrees, that the Tokens have no rights, uses or attributes, purposes, functionalities or features, express or implied, including without limitation any uses, purposes, attributes, functionalities or features except those that are provided by Platform and as explained on the Webpage.
k. The Participant furthermore warrants to the Representations made in Annex II.
8. Taxes & Indemnity
The Participant shall be responsible to pay all applicable taxes and duties, if any, that may arise in connection with its acquisition under this Agreement. Buyer will defend, indemnify and hold harmless the Company, its directors, officers, members, employees, agents, attorneys, representatives, affiliates and associates from any claims, damages, losses, liabilities, penalties, fines, costs and expenses arising out of or relating to any third-party claim concerning this agreement, including without limitation any claims related to taxes and duties mentioned.
9. Disclaimers: Limitation of Liability
THE ACQUISITION OF TOKENS UNDER THIS AGREEMENT, THE USE OF TOKENS AND THE PLATFORM ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE ACQUISITION OF TOKEN UNDER THIS AGREEMENT, AND THE PLATFORM INCLUDING ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS OR THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, THE COMPANY, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, ATTORNEYS, REPRESENTATIVES, AFFILIATES AND ASSOCIATES DO NOT ACCEPT ANY LIABILITY FOR ANY DAMAGE OR LOSS, INCLUDING LOSS OF BUSINESS, REVENUE, OR PROFITS, OR LOSS OF OR DAMAGE TO DATA, EQUIPMENT, OR SOFTWARE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE), RESULTING FROM ANY USE OF, OR INABILITY TO USE TOKENS, THE PLATFORM OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES OR CONTENT ON THE PLATFORM, AS WELL AS FROM ACQUIRING OF TOKENS, REGARDLESS OF THE BASIS, UPON WHICH THE LIABILITY IS CLAIMED. BUYER ASSUMES ALL RISK OF LOSS RESULTING FROM, CONCERNING OR ASSOCIATED WITH RISKS SET FORTH IN THIS AGREEMENT, WHICH ARE HEREBY INCORPORATED BY REFERENCE INTO THIS AGREEMENT.
10.1. The Company values Participants’ privacy by not requesting any information that is unnecessary for the holding and use of Tokens and/or Platform or to abide by obligations under applicable law. The Company commits itself to do its utmost to ensure that it, the Providers, its directors, officers, members, employees, agents, attorneys, representatives, affiliates and associates shall not disclose to any person, any non-public proprietary, documents or confidential information which we may have obtained as a result of the relationship between the Parties under the Terms except to the extent necessary further to any law, regulations, rules or agreements.
10.2 Nevertheless, the Company shall be entitled, at any time, to request from the Participant information and/or documentation that the Company and/or the Providers, in their sole discretion, deem fit and necessary in order to comply with any applicable law or regulation in connection with the holding and using of Tokens and/or Platform. The Participant agrees to provide the Company and/or the Providers with such information promptly upon request, and he acknowledges that the Company and/or the Providers may not provide the Services to the Participant until he provides such requested information and the Company and/or the Providers have determined that it is permissible under applicable law or regulation. The Company and/or the Providers reserve the right to require more due diligence documentation in compliance with any new or amended regulation which may come into force in the future.
10.3. It is agreed that the terms of the Agreement are subject to the duty of confidentiality on our part. The Company is committed to ensuring confidentiality. The Company commits itself to do its utmost to ensure not disclose to any person, any non-public proprietary, documents or confidential information which the Company may have obtained as a result of this Agreement for as long as such information remains non-public and unless such disclosure is duly authorized or required in terms of the law.
10.4. The duty of confidentiality does not extend to communications in furtherance of an illegal purpose nor to documents or facts showing the commission of a crime or fraud after the commencement of this engagement. Moreover, the Company are subject to the duty, (without need to informing the Client) to notify the police if the Company suspect that any property or money represents proceeds of corruption, drug trafficking or other serious crime or belongs to a terrorist or terrorist entity. Furthermore, the Company shall not be liable for any consequences of any disclosure where the Company acts in good faith in accordance with applicable law and you acknowledge that the Company is not bound by confidentiality obligations when disclosure is necessary for the Company’s opinion to protect its own interests.
11. Disclosure of Certain Risk Factors associated with Tokens
The Participant understands that the acquisition of Tokens involves substantial risk, including, without limitation, the following (the terms herein shall have the meaning assigned to them in the Agreement to which this is attached):
a) The Company has no operational history.
b) The Company maintains sole discretion in the conduct of its business, including as related to its offer, maintenance and use of any Token and the Platform. The Participant will not have the ability to influence the performance or decisions made by Company.
c) The acquisition of Tokens is subject to severe constraints on liquidity. At the time of the Token Crowdsale Event, there is no market for the Tokens and such a market may not develop. The acquisition of Tokens is suitable only for sophisticated and experienced Participants who are financially able to maintain their tokens for an indefinite period of time and who can afford a loss of their entire Participation Amount.
d) Acquisition of Tokens is highly volatile and speculative and considered highly risky. In particular, the Participant understands and accepts the inherent risks associated with Tokens, including, but not limited to, risks associated with
(a) decentralization of the blockchain technology;
(b) money laundering;
(d) anonymity of transactions;
(e) exploitation for illegal purposes;
(g) instability and other flaws of exchanges or brokers/custodians;
(h) the lack of regulation of tokens as of the date hereof.
e) The Participant understands and accepts that the software and hardware, technology and technical concepts and theories usually used by issuers of Tokens is still in an early development stage and unproven, there is no warranty that the technology will be uninterrupted or error-free and there is an inherent risk that the technology could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of the Tokens and the Participant’s entire Participation Amount.
f) The Participant understands and accepts that the distribution of a Token and the development of the Project by the Crowdsale of Token, may be abandoned for a number of reasons, including but not limited to failure of the Project, lack of interest of the industry and/or the public, lack of funding, lack of commercial success or prospects (e.g. caused by competing projects) etc. The Participant, therefore, understands that there is no assurance that, even if such Project is partially or fully developed and launched, the Participant may receive any functionality through the Token held by him, and that they may become worthless. The Participant further understands and accepts that the Project financed by the Crowdsale of Token, may give rise to other, alternative projects, promoted by third parties unaffiliated to the issuer of the Token, under which the Token will have no intrinsic value.
g) Tokens are usually accessed using a private key that corresponds to the Wallet at which it is stored. The Participant understands and accepts that if the private key or the “seed” used to create the address and corresponding private key got lost or stolen, the obtained Token associated with the Participant’s address might be unrecoverable and will be permanently lost.
h) The Participant understands and accepts that the underlying software application and software platform of Token, the Platform, the internet, the blockchain network, the Participant, and other involved software, technology components and/or platforms concerned with Token may be exposed to attacks by hackers or other individuals that could result in theft or loss of Token and the Participant’s entire Participation Amount.
i) The Participant understands and accepts that public blockchain-based systems depend on independent validators, and therefore may be vulnerable to consensus attacks including, but not limited to, double-spend attacks, majority voting power attacks, race condition attacks and censorship attacks. Any successful attacks present a risk to such system, expected proper execution and sequencing of Token related transactions, and expected proper execution and sequencing of software computations, including loss of the Participant’s entire Participation Amount.
12.1. Repayment of the Participation Amount or distribution of Tokens in accordance with Clause 4 or 5 above will constitute the full and final discharge of any and all obligations of the Company hereunder and thereupon this Agreement shall terminate and be void in its entirety with no further obligations of the Company.
12.2. The Company may withhold any amounts required by applicable law from any repayment or conversion of the Participation Amount. The Company may condition any repayment or conversion of the Participation Amount on the Participant satisfying any such withholding obligations.
12.3. Neither this Agreement nor any rights or obligations hereunder may be assigned by the Participant, in whole or in part, without the express prior written consent of the Company. The Company may transfer and assign its rights and obligations hereunder to any other natural or juridical person, to another affiliate, including any entity controlled, controlling or under common control with the Company, to a third party that acquires all or substantially all of the assets subject to this Agreement or securities of the Company or any entity into which the Company shall merge or any affiliate thereof.
12.4. All notices and other communications required or permitted hereunder to be given to a party to this Agreement shall be in writing and shall be sent by fax or email or mailed by registered or certified mail, postage prepaid, or otherwise delivered by hand or by messenger. Any notice sent in accordance with this Clause 12 shall be effective (i) if mailed, seven (7) days after mailing, (ii) if sent by messenger, upon delivery, and (iii) if sent via fax or email, on the first business day following transmission accompanied by delivery notification.
The Agreement may only be amended by a written document signed by all the contracting Parties.
No waiver of any party‘s default or breach of its representations, warranties, covenants, duties, agreements, or obligations or any term or provision of this Agreement, will be effective unless in writing and signed by Parties; any waiver will be limited to the default or breach described therein and no waiver will be or be deemed a waiver of any other, similar, prior, continuing, or subsequent default or breach.
14. Validity of the Agreement
The illegality, invalidity or unenforceability of any provision of this Agreement decided by the law of another jurisdiction does not affect the legality, validity or enforceability under the law of another jurisdiction nor the legality, validity or enforceability of another provision of this Agreement.
15. Applicable law and jurisdiction
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Seychelles.
16. Entire agreement
This Agreement embodies the entire agreement between the Parties and supersedes all previous statements, representations and agreements between the Parties relating to the subject matter of this Agreement.
KYC process shall be automated on the Website by the Company or an approved KYC, that shall require the following: 1. A copy of Passport; 2. Proof of Residential Address (i.e. copy of utility bill not older than three months); 3. an uploaded selfie.
The Company reserves the right to request further documentation and/or the certification of the documentation.
Corporate or other Participants:
For KYC we ask you to provide the Company with 1. Copy of Certificate of Incorporation or similar Constitutive Document. 2. Copy of Shareholders Register, Stockholders Ledger or Certificate of Incumbency (or any similar corporate document showing the shareholders of the entity). 3. For each ultimate beneficial holder of the entity – Copy of Passport; 4. For each ultimate beneficial holder of the entity - Proof of Residential Address (i.e. a copy of utility bill not older than three months).
The Company reserves the right to request further documentation and/or the certification of the documentation.
In connection with the contribution towards the Project and allocation of Tokens from the Company, the Participant confirms, represents, warrants and agrees as follows:
· The ETH, BTC or other crypto Wallet from which I have made the Contribution to the Project is beneficially owned by me. To the extent that Tokens will be sent to another Wallet, I confirm that the Wallet, the details of which I shall provide the Company is likewise beneficially owned by me.
· I am not a Prohibited Participant as defined.
· I, or my immediate family members and/or close associates, am/are not a Politically Exposed Persons;
· I have never been adjudged bankrupt;
· I have never been subject to any investigation by a governmental, professional or other regulatory or statutory body;
· I have never been a director, shareholder or manager of a business entity which has been the subject of any investigation as aforesaid, or which has been adjudged bankrupt, compulsorily wound up or has made any compromise or arrangement with its creditors;
· I have never been convicted of any criminal offence in any jurisdiction (other than a minor offence in connection with the use of a motor vehicle) and no criminal proceedings were instituted and/or are pending against me in any jurisdiction;
· None of the property that the Participant has contributed to the Company further to the Token Crowdsale has been derived from, or related to, any activity that is deemed criminal under the laws of any applicable jurisdiction;
· No contribution made by the Participant to the Company and no allocation of Tokens to the Participant from the Company shall cause the Company and/or the Providers to be in violation of the Prevention of Money Laundering Act, Prevention of Money Laundering and Funding of Terrorism Regulations, (EU) 2015/849 - Fourth Money Laundering Directive, Regulation (EU) 2015/847 on information accompanying transfers of funds.
(a) The Participant agrees to provide to the Company any additional information that the Company deems necessary or convenient to ensure compliance with all applicable laws concerning money laundering and similar activities.
(b) The Participant understands that the Company may release confidential information about the Participant and, if applicable, any underlying beneficial owners, if the Company, in its sole discretion, determines that it is in the best interest of the Company in light of relevant rules and regulations. The Participant undertakes to promptly notify the Company if at any time he is unable to satisfy the agreements set forth herein or if the representations set forth herein cease to be true.
Politically Exposed Persons
The term ‘politically exposed persons’ is broad and generally includes all persons who fulfil a prominent public function. A natural person who is or has been entrusted with a prominent public function shall include:
(a) Heads of State, Heads of Government, Ministers and Deputy and Assistant Ministers and Parliamentary Secretaries; (b) Members of Parliament; (c) Members of the Courts or of other high-level judicial bodies whose decisions are not subject to further appeal, except in exceptional circumstances; (d) Members of courts of auditors, Audit Committees or of the boards of central banks; (e) Ambassadors, charge d’affaires and other high-ranking officers in the armed forces; (f) Members of the administration, management or boards of State-owned corporations; and where applicable, for the purposes of (a) to (e), shall include positions held at the Community or international level.
With respect to the term ‘immediate family members’ of PEPs, the PMLFTR provide that the term shall include: (a) the spouse or any partner recognized by national law as equivalent to the spouse; (b) the children and their spouses or partners; and (c) the parents.
With respect to the term ‘persons known to be close associates’, the PMLFTR provide that the term shall include: (a) a natural person known to have: (1) joint beneficial ownership of a body corporate or any other form of legal arrangement; (2) or any other close business relations with that PEP. (
(b) a natural person who has sole beneficial ownership of a body corporate or any other form of legal arrangement that is known to have been established for the benefit of that PEP