1.1. These Terms & Conditions comprise a legally binding act between the Investor and the Company (who are also individually referred to as a “Party” and collectively as the “Parties”).
1.2. These Terms & Conditions define the Parties’ mutual rights and obligations in relation to the purchase of FWIN Tokens throughout the ICO.
1.3. Consistent with these Terms & Conditions, the Company sells and transfers, and the Investor purchases and accepts, FWIN Tokens.
2.1. The Company has all necessary power, capacity and authority (corporate or otherwise) to own its properties and to carry on its business.
2.2. The Company is not taking part in the ICO for any unlawful purpose.
2.3. The Company has all necessary power, capacity and authority, and has taken all necessary action to permit it to execute, deliver, and perform the terms of these Terms & Conditions.
2.4. The execution, delivery, and performance by the Company of these Terms & Conditions have been duly authorized by all necessary and proper actions, and assuming the execution and delivery by the Investor, constitute the legal, valid and binding obligation of the Company, enforceable against it consistent with its terms.
2.5. The execution and delivery of these Terms & Conditions does not, and the performance of these Terms & Conditions by the Company, including sale and transfer of FWIN Tokens, will not, necessitate any consent, approval, authorization, or other action by, or filing with, or notification to, any governmental authority or any other person and none of such actions will violate any laws applicable to such Party, violate any provisions of any of its governing documents or constitute a breach of any undertaking to which the Company is party.
2.6. All FWIN Tokens are free and clear of any burdens or any other third party rights of any kind.
2.7. Regarding any FWIN Tokens, there are no outstanding options, purchase rights, conversion rights, warrants, exchange rights, subscription rights, or other similar rights, powers of attorney, proxies, voting trusts, or other contracts or understandings.
2.8. The Company does not hold any FWIN Tokens in trust for the benefit of another person, directly or indirectly; no third party has any right with regard to the FWIN Tokens.
2.9. There is no suit, action, claim, proceeding, or investigation pending, or to the knowledge of the Company, threatened, in relation to any FWIN Tokens, or against the Company, that seeks to, or may in fact preclude, the Company from performing these Terms & Conditions.
3.1. The Company may collect information about the Investor in one of the following ways:
3.1.1. When provided by the Investor (e.g. throughout registration at the Website of the ICO, filling out forms, subscription to our updates, responding to surveys, etc.).
3.1.2. Automatically (e.g. log information, usage information, device Information, information collected by cookies or by other technologies for tracking).
3.1.3. From other sources (as indicated in the relevant third party’s authorization screen).
3.2. The Company may use information, particularly:
3.2.1. To manage the Company’s services.
3.2.2. To personalize the Website of the ICO.
3.2.3. To develop new services and products.
3.2.4. To send the Investor technical notices, as well as administrative and support messages.
3.2.5. To communicate with the Investor about services, products, events, promotions, events, and other news and pieces of information.
3.2.6. To monitor and analyze trends, usage, as well as activities in relation to the Company’s services.
3.2.7. To verify compliance with the terms and conditions, governing the use of the Website of the ICO.
3.2.8. To detect, investigate, and prevent fraudulent transactions, as well as other illegal activities, and protect the rights and properties of the Company or other persons.
3.2.9. To hold it during the term of these Terms & Conditions, as envisioned by applicable laws, or longer, according to the Company’s internal policies.
3.3. The Company may share information, particularly:
3.3.1. With the Investor’s permission, including certain information on blogs or other online fora, as predefined by the Investor.
3.3.2. To service providers that perform work for us (e.g. for identity verification, payment, support).
3.3.3. Upon legitimate request by the relevant authorities.
3.3.4. If we believe that the Investor’s actions are inconsistent with the Terms & Conditions or the Company’s internal policies, or to protect the rights, safety, and property of the Company or other persons.
3.3.5. With the Company’s existing or future affiliates.
3.3.6. With regard to, or during negotiations of, any merger, sale of the Company’s assets, financing or acquisition of all or a share of our business by another Company.
4.1. NOT TO breach or assist any party in breaching any law, ordinance, regulation, statute, or any rule of any self-regulatory or similar organization of which the Investor is obliged to be a member, through the Investor’s use of the Website of the ICO or the participation in the ICO.
4.2. NOT TO provide fake, inaccurate, or misleading information.
4.3. NOT TO distribute unsolicited or unauthorized advertising or promotional materials, any spam, junk mail, or chain letters.
4.4. NOT TO infringe upon the Company, the Website of the ICO, or any third party’s copyright, trademark, patent, or any intellectual property rights.
4.5. NOT TO reverse engineer or disassemble any aspect of the Website of the ICO, trying to access any source code, underlying ideas and concepts, as well as algorithms.
4.6. NOT TO otherwise try to gain unauthorized access to the Website of the ICO, any of the Company’s other systems, computer systems, or networks connected to the Website of the ICO, through password mining or any other means whatsoever.
4.7. NOT TO spread or upload any material to the Website of the ICO that contains viruses, worms, Trojan horses, or any other harmful or damaging programs.
4.8. NOT TO take any action that levies an unreasonable or unreasonably big load on our infrastructure, or detrimentally interfere with, interrupt, or expropriate any data, system, or information.
4.9. NOT TO transfer or allocate any rights granted to the Investor under these Terms & Conditions.
4.10. NOT TO take part in any class action lawsuit or any class wide arbitration against the Company or any of its affiliates.
4.11. NOT TO take part in the ICO for the purposes of speculative investment.
4.12. TO abide by any laws and regulations, which may be applicable to the Investor’s acquisition of FWIN Tokens.
5.1. No investor protection. This document is not composed in keeping with, and is not subject to, laws or regulations of any jurisdiction which are aimed at protecting the Investor.
5.2. FWIN Token’s price and liquidity. The Company shall not be held liable to and shall not accept any liability, obligation, or responsibility of any kind for any change of the value of the FWIN Tokens to the extent permissible, pursuant to applicable law of regulation, the purchase of FWIN Tokens by the Investor from the Company is final, and therefore, there are no refunds and/or cancellations; the Company shall not guarantee in any way that the FWIN Tokens might be sold or transferred after the ICO. FWIN Tokens are offered on an “as is” basis and without any warranties of any kind, either express or implied. The Investor hereby explicitly agrees that, to the maximum extent allowed by the applicable law, the Company does not accept any liability for any damage or loss, including loss of business, profits, or revenue, or loss of, or damage to data, equipment, or software (direct, indirect, actual, punitive, incidental, consequential, exemplary, special, or otherwise), as a result of any use of, or inability to use, the Website of the ICO or the materials, software, information, services, facilities, or content on the Website of the ICO, from purchase of the FWIN Tokens by the Investor, regardless of the grounds upon which the liability is claimed and even if the Company has been advised of the possibility of such loss or damage.
5.3. Reliability of the Website of the ICO. The Company reserves the right, at its own and absolute discretion, to adjust or to temporarily or permanently suspend or remove the Website of the ICO, and/or disable any access to the Website of the ICO. The Company does not warrant or represent that any information on the Website of the ICO is precise or reliable or that the Website of the ICO will be free of errors or viruses, that defects will be amended, or that the service or the server that makes it available is free of viruses or other deleterious components. The Company shall not be liable for uninterrupted availability of the Website of the ICO at all times, in all countries, and/or all geographic locations, or at any given time. The Company assumes no liability in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, services, or goods available on or via any third-party websites and resources, which may be accessed, using the links on the Website of the ICO.
5.4. Safety of IT systems. The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not one hundred percent secure, and is subject to possible loss, interception, or alteration while in transit. Accordingly, the Company does not assume any liability, without any limitation, for any damage any individual, including the Investor, may experience due to any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions, involving the Website of the ICO or e-mail with the Company.
5.5. Indemnification of the Company by Investors. To the extent permissible, pursuant to applicable law, the Investor shall indemnify, defend, and hold the Company and/or its subsidiaries, affiliates, officers, employees, agents, directors, successors, and permitted assignees harmless from and against any and all claims, damages, losses, actions, demands, demands, proceedings, expenses, and/or liabilities filed/incurred by any third party against the Company, arising out of a violation of any warranty, representation, or obligation hereunder.
5.6. Taxation. The Investor agrees to be solely responsible for any applicable taxes, imposed concerning FWIN Tokens purchased during the ICO.
5.7. Limited FWIN Token rights. Tokens impart no proprietary rights or obligation or contract, express or implied, other than as specified in the White Paper; particularly, the owners of FWIN Tokens will not have any influence on the expansion or governance of the Company.
5.8. Sophisticated Investor. The Investor is cognizant of all the merits, risks, and any restrictions associated with cryptographic FWIN Tokens (their purchase and use), cryptocurrencies, and Blockchain-based systems, knows how to manage them, and is solely responsible for any assessments based on such knowledge.
5.9. Lawful behavior by the Investor. The Company accepts no liability in the case that the Investor accesses and/or uses the Website of the ICO or participates in the ICO with any unlawful purpose or with any breaches of any applicable law of any jurisdiction.
5.10. No guarantee of business success. The Investor acknowledges and agrees that the proposed outcomes of the Company’s activities discussed in the White Paper may not be achieved in a timely fashion or at all, and FWIN Tokens may not provide the rewards envisioned by the Investor.
5.11. No U.S. Investors. FWIN Tokens have not been and will not be registered under the legislation of the U.S. and may not be offered or sold in the United States or for the benefit of U.S. persons; the Company therefore assumes no liability in case the Investor is an individual who is a resident of the U.S.A. or its territories or possessions, is a corporation, partnership or other legal entity formed under the laws of the U.S.A., an agency, branch or office located in the U.S.A of a corporation, partnership or other legal entity that was formed under laws other than those of the U.S.A; a trust of which any trustee is described above; a legal entity the shares of which are not publicly traded on a securities exchange and more than 45% of the shares of which are owned by or for the benefit of an individual or entity described above; a member of any branch of the military of the U.S.A; or an agent or a fiduciary, acting on behalf or for the benefit of an individual or entity described above. The Investor’s decision to subscribe for FWIN Tokens was not based on information received within and the U.S.A or from U.S. sources.
5.12. No intermediary function. The Investor hereby confirms that he/she acts exclusively on their own behalf, and is not acting as the agent, representative, or other representative of any other individual.
5.13. If the applicable law does not permit all or any part of the above limitation of liability to apply to the Investor, the limitations will apply to the Investor to the extent permitted by the applicable law.
6.1. The Company is entitled to allocate any rights or obligations under these Terms & Conditions, at any moment, with sole discretion and without prior notice.
6.2. These Terms & Conditions will bind and inure to the benefit of the Parties hereto and their respective successors and permitted assigns.
6.3. These Terms & Conditions are implemented electronically, by virtue of purchase of FWIN Tokens by the Investor at the Website of the ICO during the Initial Coin Offering. These Terms & Conditions contain the entire understanding and agreement among the Parties.
6.4. The Company has valid, unrestricted, and exclusive ownership of the rights to use the patents, trademarks, trade names, trademark registrations, know-how, copyrights, technology, and other intellectual property required for the conduct of selling of FWIN Tokens and its activities by and large. In no way shall these Terms & Conditions entitle the Investor to any intellectual property of the Company, including the intellectual property rights for the Website of the ICO or its elements.
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