Agreement on the terms and conditions of the sale of NDCOIN Tokens. Risk Statement.
TERMS AND CONDITIONS OF NDCOIN TOKENS SALE.
This Regulation contains the Terms and Conditions of NDCOIN Tokens sale.
To purchase NDCOIN Tokens, please read the Regulation, after which you must confirm the acceptance of these Rules. To do this, put a “tick” in the appropriate field.
If the User does not agree with the terms, or with any clause of the terms, the company offers to refuse to purchase NDCOIN tokens.
These terms and conditions of Sale of NDCOIN Tokens (hereinafter referred to as the "Terms") contain the terms and conditions regarding the acquisition of ND COIN Tokens (hereinafter referred to as "ND tokens" and/or "ND COIN Tokens"), which constitute the agreement between you or the legal entity represented by you (hereinafter referred to as "Buyer") and ND INVEST LTD, international business company incorporated and existing in accordance with the laws of the Republic of Cyprus, with the legal office at the following address: Anavargos 8025 Paphos, Cyprus Ieremiou 47.
The buyer and the company are separately referred to as the “Party”, and collectively “the Parties”.
Considering the information provided guarantees and agreements contained in these Terms, and taking into account a fair and reasonable consideration, the receipt and sufficiency of which is confirmed by the parties, the parties agreed on the following:
1. SUBJECT OF THE TRANSACTION
1.1. The Buyer is aware, understands, accepts and warrants that:
1.1.1. The Buyer has read and understands the content of the TERMS AND CONDITIONS and in particular, has accepted (without any reservations) the section "Legal information".
1.1.2. The Buyer has read and understands the contents of the "WARNINGS ABOUT THE RISKS".
1.1.3. The Buyer has read and understands the contents of the "DENIAL OF RESPONSIBILITY".
1.1.4. The Buyer is NOT a resident or legal entity of any of the territories mentioned in the “Territorial Restrictions” (including “US Residents”), and does NOT aquire NDCOIN tokens or agree to these Terms on behalf of residents of such restricted territories.
1.1.5. By accepting these Terms, the Buyer enters into an agreement for the sale and purchase of NDCOIN Tokens, including but not limited to through the ERC20 smart contract.
1.1.6. The functionality of NDCOIN Tokens will be limited to services ND INVEST LTD, namely: Payment of Deposit or full payment when buying an apartment, furniture, car, and other goods or services. As well as viewing the "current price of goods".
1.1.7. Buying NDCOIN tokens is non-refundable and purchases under this regulation cannot be canceled. In case of cancellation of the purchase by the Buyer, the latter may lose the amount paid. At the same time, the Company reserves the right to refuse or cancel any request to purchase ND COIN Tokens at any time in its sole discretion.
1.1.8. These Terms as a purchase and sale agreement of NDCOIN tokens enter into force and are binding on the Parties when the Buyer: (a) ticks off the corresponding box on the website www.ndmarket.co (hereinafter referred to as the “Website”) for in order to confirm that the Buyer has read, understands and agrees with these Rules or, (b) the company receives payment from the Buyer.
1.1.9. The buyer has all rights and powers to conclude this tokens sale and purchase agreement, as well as to fulfill obligations in accordance with these Terms. The buyer has reached 18 years of age, which is the legal age for the purchase of NDCOIN tokens. In the event that the Buyer is a legal entity, it is necessary that this legal entity be duly registered and incorporated. It is also necessary that it exists and is in proper legal status (“in good standing”), in accordance with the laws of the jurisdiction of this legal entity.
2. THE DISTRIBUTION OF NDCOIN TOKENS, OBLIGATIONS OF THE BUYER
2.1. Buying NDCOIN tokens the Buyer is aware, understands and has no objections to the procedures of their distribution, which can be determined by the Company.
2.2. Failure to use the Website, or failure to accept the conditions established by the Company, may lead to the inability to receive NDCOIN tokens by the Buyer.
2.3. When purchasing NDCOIN tokens, the Buyer does not in any way acquire the shares, debentures, or other securities of the Company. The buyer of NDCOIN tokens is not entitled to receive dividends, or profits in any form. The buyer of NDCOIN tokens, in accordance with these Terms: (a) does not acquire any rights in any form with respect to the Company, or its income, or assets, including but not limited to any voting rights, distribution, redemption, liquidation or property rights (in including any form of intellectual property rights), or other financial or legal rights; (b) the buyer does not provide a loan to the Company, and the Company does not grant the Buyer any ownership or interest in the Company.
2.4. The company retains all rights and competencies in respect of all intellectual property rights, including but not limited to inventions, ideas, concepts, codes, discoveries, processes, brands, methods, software, compositions, formulas, technology, information and data, regardless of whether they are protected by patent, copyright, or are protected by trademark, and any trademarks, copyright and patents, which are based on the above. The Buyer has no right to use the Company's intellectual property for any reason without the written permission of the Company.
2.5. The Buyer undertakes to apply reasonable, justified and appropriate measures to ensure the safety of access to (a) any device related to the Buyer and used in connection with the purchase of NDCOIN tokens; (b) private keys to the wallet or account of the Buyer; and (c) any other usernames, passwords, or other identifying information used to log in. Any loss of private keys or devices associated with the corresponding account or inability on the part of the Buyer to provide a username or identifying information may lead to the loss of the corresponding NDCOIN tokens.
2.6. At the request of the Company, the Buyer undertakes to immediately provide the Company with information and documents that the Company at its sole discretion considers necessary and appropriate to comply with any laws, regulations, norms, rules, and agreements, including but not limited to judicial procedures. Such documents include passports, driver’s licenses, utility bills, photographs of relevant persons, or statements by the Buyer or third parties.
2.7. The buyer guarantees that the funds (both fiat money and cryptocurrencies) used to purchase NDCOIN tokens do not have an origin associated with any illegal activity.
3. TERRITORIAL RESTRICTIONS
3.1. Distribution and sale of NDCOIN tokens in certain jurisdictions may be restricted by applicable law, and therefore persons who acquire (get) this document must be informed accordingly and comply with the requirements of any such restrictions. Any failure to comply with such restrictions may entail a violation of the law of such jurisdiction. The company does not make offers and distribute NDCOIN tokens, and also does not provide any regulated business (activities) in Singapore, in China or other countries and territories where transactions with respect to or using digital tokens are subject to restrictive regulation, require from the company to register or obtain a license from the relevant state authorities.
3.2. The Buyer, by purchasing NDCOIN tokens, realizing his responsibility in case of perjury, hereby confirms that he has complied with all laws and regulations regarding the purchase within the framework of ND MARKET and the corresponding preliminary sales in the Buyer's jurisdiction. The Buyer is solely responsible for making sure that the Buyer's participation in the sale of NDCOIN tokens in accordance with these Terms is not prohibited in accordance with the applicable legislative restrictions in the country of residence or domicile of the Buyer.
3.3. Laws and regulations may vary from jurisdiction to jurisdiction. The company is not responsible for the violation of laws and regulations by the Buyer during the acquisition of NDCOIN tokens.
3.4. The Buyer accepts the fact that by purchasing NDCOIN tokens, he releases the Company from any liability that may arise in his or any other jurisdiction, and can be considered personal (applicable) jurisdiction in relation to such Buyer.
3.5. NDCOIN tokens have not been registered under U. S. Securities Act as of 1933 (hereinafter referred to as the "Securities Act"), or any of the regulatory authorities of any state or other jurisdiction of the United States of America (USA). NDCOIN tokens cannot be offered or sold, or in favor of and in the interests of a holders of "green card" (a green card holder) of the United States or to US citizens or permanent US resident (from a tax or other perspective), or individuals who have a primary residence or residence in the United States (from a tax or other perspective), including Puerto Rico, US Virgin Islands or other territory under the jurisdiction of the United States, any legal entities (companies, corporations, foundations, trusts, etc.) that are registered (established) or are tax residents of the USA (hereinafter referred to as "US Residents"). If the Buyer is one of US Residents, he/she may not purchase ND tokens in any form and/or in any way. Residents of the United States will subsequently receive a separate proposal for the purchase of NDCOIN tokens only if the Company, in compliance with the Securities Act, makes such an offer based on a separate “private placement memorandum” (private placement memorandum) according to Rule 506 (c) Regulation D (subject to for accredited investors and only within the United States).
3.6. By purchasing NDCOIN tokens, the buyer accepts the fact that in case of violation of these prohibitions, he assumes full responsibility.
4. LIABILITY, GOVERNING LAW, ARBITRATION CLAUSE
4.1. For any losses in respect of NDCOIN tokens, including, but not limited to, direct, consequential, incidental, special or indirect, pre-assessed, business (commercial) or non-commercial losses (including, but not limited to, lost profits, reduced income or third-party losses, predictable or not, trade losses resulting from the use or loss of the ability to use NDCOIN tokens), the Company, its affiliates, as well as relevant officials, employees or agents are not liable.
4.2. In order to avoid uncertainty, the company completely disclaims any liability for any direct or derivative (consequential) losses (damage) of any kind that arise directly or indirectly from: (a) taking into account the information contained in this document; (b) any errors, omissions or inaccuracies in any such information; (c) any resulting action, or (d) use or purchase of the services offered by the company ND INVEST LTD.
4.3. The company, its affiliates, and related officers, employees, or agents are not liable for any claims, damages, liabilities, losses or expenses of any kind, whether direct or indirect, arising, compensatory, accidental, real, edifying, previously estimated, economic and non-economic, punitive or special (including damages from loss of business, revenue, profits, data, use, goodwill, etc.).
4.4. The Buyer acknowledges and agrees that the Buyer does not purchase NDCOIN tokens with the purpose of investment, speculation, any type of arbitrage strategy, for immediate resale, or other financial goals.
4.5. To the fullest extent permitted by applicable law, the Buyer releases from liability, protects against damages and agrees to indemnify the Company, its affiliated (associated) persons, officers and representatives from any and all claims, proceedings, demands, damages or other actions (including without any limitation amounts for expenses and services of legal advisors and lawyers) that may be incurred by the Company in connection with: (a) the purchase or use of NDCOIN tokens; (b) the obligations and liability of the Buyer pursuant to these Rules; (c) violation or failure by Buyer to any terms in accordance with these Terms; (d) inaccuracies in any information provided or guarantees from the Buyer; (e) a violation by Buyer of rights or interests of any third natural or legal persons; and/or (f) any actions or omissions of the Buyer that are negligent, wrongful or intentional.
4.6. These Terms and any dispute arising out of or connected with this agreement shall be regulated in accordance with the law of the Republic of Cyprus (without regard to conflict of laws provisions), hereinafter referred to as "Applicable law". Jurisdiction for any dispute and the competent court under this agreement shall be determined in accordance with Applicable Law.
4.7. The Buyer hereby: (a) waives any objection which he may have regarding jurisdiction determination; (b) waives the right of objection to the inconvenience of the form of the proceeding; (c) waives the right to object against litigation that the court has no jurisdiction over the Buyer.
5. OTHER CONDITIONS
5.1. Taxes. The buyer is responsible for any issues related to the future taxation of the Buyer as the owner of NDCOIN tokens.
5.2. Divisibility. If at any time any of the provisions of these Terms is or becomes invalid or not enforceable, then such a provision will be considered separated from these Terms and replaced with a legal provision (if applicable) that will correspond as much as possible to the intentions of the Parties hereto and, if possible, such a provision does not affect the validity or feasibility of other provisions of these Terms.
5.3. The applicable language. These Terms are in English. If the Terms are translated into any other language, the English language will prevail.
5.4. Force majeure. The Buyer understands and agrees that the Company is not liable and places responsibility on the Buyer in connection with any force majeure case, including insuperable force, labor disputes or other industrial conflicts, failures in electrical networks, telecommunications, hardware, software or other utilities, services, errors or weak points in software or smart-contract, earthquakes, hurricanes or other natural phenomena, blockades, embargoes, rebellions, acts or orders of the government, acts of terrorism or war, technological change, changes in interest rates or other monetary conditions and, in order to avoid disputes, any changes to any blockchain protocol.
5.5. Notices and communication. The Buyer is aware and accepts the fact that all communication (correspondence, notifications, etc.) with the Company will be carried out in electronic form.
5.6. Concession. Based on this Regulation, the Buyer will not be entitled to assign their rights and obligations in relation to the purchase of NDCOIN tokens without the written consent of the Company. Any assignment or transfer in violation of this paragraph will be deemed null and void. In turn, the Company has the right to assign its rights and obligations under this Regulation to any affiliate and company of the ND HOLDING LTD group. Subject to the foregoing, the rules prescribed in this Regulation, as well as the respective rights and obligations of the Parties, will be binding on their respective successors, assigns, heirs, administrators, executors or legal representatives.
5.7. Termination of the Rules. In case the Buyer violates the Rules prescribed in this Regulation, the Company reserves the right at its sole discretion to terminate these Rules. In the event of termination of the Rules: (a) all rights of the Buyer, as set forth above, are terminated; (b) The buyer will not be entitled to a refund of any of the amounts paid.
5.8. Absence of waiver of the right. If the Company had not implemented or enforcedly used any entitlement under these Terms it is not the current or future waiver by the Company of such right or provision and does not limit the Company to implement such a provision at any time in the future. All waivers of the Company of such rights must be unambiguous and must be implemented in writing.
5.9. Third parties. These Terms do not create any rights for third parties (the beneficiaries).
5.10. The lack of Partnership and Order. Nothing in these Terms and any action of the Parties does not constitute or should not be such that they form partnership, association, joint venture or other joint enterprises between the Parties. Nothing in these Terms and any action of the Parties does not constitute or should not be such that they form the order (representation) for any purpose. The parties under these Terms shall not have authority or authorization to represent each other or to perform legally significant actions on behalf of the other Party.
5.11. Terms Modification. The Company may modify these Terms at any time by posting an updated version on the Website. The updated version comes into force upon its publication. The Buyer bears the responsibility to regularly check the Website for changes to these Terms.
Prospective purchasers of NDCOIN Tokens should carefully consider and evaluate all possible risks and uncertainties associated with the cryptocurrencies.
The Risk Statement details some potential risks that you should consider. We recommend that you seek out independent competent financial advice before being involved in any activity.
None of the regulators has examined or approved any of the information in this RISKS STATEMENT document.
No such action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction unless it will be clearly confirmed by the Company. Publication, distribution, or transmission of this document: RISKS STATEMENT does not imply that the relevant laws governing these rules or regulations have been complied with.
To the extent permitted by applicable law, rules, and regulations, the Company and its affiliates, relevant officers, employees or agents in relation to NDCOIN tokens are not liable for any damages, including, but not limited to, direct, consequential, incidental, special or indirect, previously estimated, economic (commercial) or non-commercial losses (including, but not limited to, lost profit, loss of income or losses of third parties, predictable or not, trade losses resulting those using or losing the ability to use tokens NDCOIN).
To avoid uncertainty, the Company completely disclaims any responsibility for any direct or derivative (consequential) damages (damage) of any kind that arise directly or indirectly from: (a) taking into account the information contained in this document; (b) any error, omission or inaccuracy in any such information; (c) any consequential actions.
In any circumstances, the Company and its affiliates are not responsible for any claims, losses, liabilities, losses or expenses of any kind, both direct and indirect, consequential, compensatory, incidental, real, edifying, pre-estimated, economic and non-economic, penal or special (including losses from loss of business, income, profits, data, use, goodwill and the like).
Potential acquirers acknowledge and agree that they do not acquire NDCOIN tokens for the purpose of investment, speculation, any type of arbitration strategy, for immediate resale or other financial purposes.
Statements which include the words ”expects”, "plans”, ”believes”, ”predicts”, ”targets”, ”will”, ”aimed”, ”may”, ”would”, ”could”, "continue” and similar statements are of a future or forward-looking nature. All statements regarding the future imply risk and uncertainty. Accordingly, there are or may arise factors that may lead to the fact that the actual results of the Company will differ significantly from those reflected in these statements. Any statements regarding the future in this document reflect the current views of the Company regarding future events and imply these and other risks, uncertainties and assumptions regarding the Company's operations, results of operations and growth strategy.
None of the statements are a forecast of profit in any form.
CORPORATE CLAUSE. JURISDICTION
This “Risks Statement” document is a document published by ND INVEST Ltd, an international business company established and operating under the laws of the Republic of Cyprus (referred to as “Company” in the text of this document).
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