TOKEN DISTRIBUTION RULES
AND THE PROVISION OF SERVICES BY ELECTRONIC MEANS
If your place of permanent residence is located in the European Union, these Regulations apply to you as a User and:
CCFOUND Sp. z o.o. Sp. K. with its seat in Wrocław (50-203), ul. Romana Dmowskiego 3/9, Poland, for which the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, keeps registration files under the KRS number: 0000841288, NIP [tax identification number] 8982257666, REGON [national business registry number] 386055341, share capital: PLN 5,000.00.
If your place of permanent residence is located outside the European Union, these Regulations apply to you as a User and acting jointly:
- CCFOUND LIMITED with its registered office at: Office 1204, Tiffany Tower, Al Thanyah Fifth, P.O. Box 487301 Dubai, United Arab Emirates, entered into the register under the number: ICC20210420;
- C C FOUND Education & Training Computer Software with its registered office at: Marina Plaza 1302, Al Marsa, P.O. Box 283 691 Dubai, United Arab Emirates, license number: 952117.
Any designations included in these Regulations by using the words "Issuer" or "Service Provider" refer to CCFOUND Sp. z o.o. Sp. K. or CCFOUND LIMITED or C C FOUND Education & Training Computer Software, depending on the country of residence of the individual User joining the Token Distribution Process or using the Website in a manner consistent with these Regulations.
§ 1. DEFINITIONS
- Service Provider or Issuer -in accordance with the information indicated in the preamble to these Regulations, the Service Provider or the Issuer depends on the place of residence of the individual User as part of the contract for the provision of electronic services, with the entity or entities indicated in the preamble to this document;
- User - a natural person with full capacity to perform acts in law, a legal person or an organizational unit with appropriate powers regulated by national law, if such are necessary in the place of his residence, stay or seat;
- Password - a unique string of characters created by the User, giving him access to the Account;
- User Account - a set of resources and rights assigned to the User within the Platform, containing information necessary for its authorization and enabling the use of services;
- Login - a unique name of the User, used to identify him, together with the Password necessary for authorization when accessing the Platform;
- Platform or Website - the website at shop.ccfound.com where the User may purchase FOUND Coins, as well as use other services available on the Platform;
- CCFOUND - the website at ccfound.com, managed by the Issuer, which is the target element of the activities performed by the Issuer on the terms described in detail in the Whitepaper;
- ICO or Token Distribution Process - means the process of raising capital to finance the project carried out by the Issuer, under which the Issuer, using blockchain technology and smart contracts, organized the process of issuing FOUND Coins, which can be purchased or exchanged by the User;
- Auction - a process within the sale phase, described in the Whitepaper, according to which the sale of FOUND Coins will take place in the form of an auction, divided into 40 weeks * 7 days = 280 daily stages.
- Token - a term referring to an asset value unit in the ERC20 standard, in the Binance Chain environment in the smart contract generated by the Issuer under the name FOUND Coin, entitling the holder to perform activities specified in the Whitepaper;
- DAO - Abbreviation for Decentralized Autonomous Organization. The target form of ccFOUND as a decentralized autonomous organizational unit operating on the basis of the Binance Chain protocol (or another, analogous) in blockchain technology;
- Whitepaper - a document defining the operating rules of the Issuer, his development, as well as the possibilities for Users resulting from joining the Coin distribution process. The document is available at shop.ccfound.com;
- Amount - means funds in fiat currencies (FIAT) or cryptocurrencies through which the User may purchase FOUND Coins;
- Price - the FOUND Coins Price each time determined and converted according to the formulas used in the Whitepaper and in §5 of these Rules, in relation to the value of the US dollar;
- Average Rate - means the virtual currency exchange rate with which the User pays the Amount against the US dollar, defined as the arithmetic average of the exchange rates of this virtual currency on other cryptocurrency exchanges;
- Number of User FOUND Coins - means the number of FOUND Coins that will be received by the User after paying the total Amount for the FOUND Coins purchased by him;
- KYC/AML - a set of activities under which the information about a particular User is obtained. These activities are performed in order to determine the scope of financial security measures appropriate for a given business relationship or transaction and to assess the risk related to counteracting money laundering and terrorist financing, taking into account specific types of risk. This collection is also regularly updated by the Issuer to the extent required by law. Part of the KYC/AML including personal identification process is performed by the Issuer’s KYC/AML subcontractor, which is Ondato Poland sp. z o.o. with its seat in Gdańsk (80-309), Al. Grunwaldzka 472, Poland (Ondato);
- Contact form - a service on the Platform made available by the Service Provider enabling contact between the Issuer and the User;
- Personal Data Administrator - an entity deciding on the means and purposes of personal data processing;
§ 2. GENERAL PROVISIONS
- The Service Provider sells via the Internet, where the User, via the Platform, has the option of joining the Tokens distribution process.
- These Rules define the rights and obligations of Users, as well as the rights and obligations of the Service Provider, as the entity managing the Platform and the smart contract, in the scope of the Token distribution process.
- The User is entitled and obliged to use the Platform in accordance with its purpose. It is forbidden to introduce illegal content.
- Using the Platform means any activity that leads to getting familiar with its content.
§ 3. TECHNICAL REQUIREMENTS FOR USING THE PLATFORM
- The Service Provider does not guarantee that the Platform will function properly if the technical requirements are not met, and that the linking and browsing of the websites on the Platform will be uninterrupted and free of defects.
- The Issuer reserves the right to change the technical requirements for using the Platform at any time.
§ 4. USER'S ACCOUNT
- The Account may be created by natural persons, legal persons and other organizational units who are granted legal capacity by separate acts. The age of majority is determined by the law of the country of origin of the User, with the minimum age being 18 years. Registration on the Platform is free of charge.
- The Account is created by providing the required information contained in the registration form on the Platform. Registration on the Platform takes place only via the Internet (online).
- The basic functionality of the User Account is the possibility of purchasing Tokens based on the ERC20 standard.
- Registration takes place only via the Internet (online), in accordance with the necessity to provide the required information contained in the registration form.
- After filling in the registration fields, the User confirms he has read and understood these Rules and other information indicated by the Service Provider and necessary to use the Platform, by ticking the relevant checkboxes. The User then receives an email to the email address provided during registration, with information about the activity performed.
- After completing the registration, the User is granted access to the Account where he can then supplement additional information about himself, including the information necessary for the verification process, to the extent described in § 6 of these Rules.
- The Service Provider shall not be liable for any consequences resulting from the fact that third parties obtained the Password to access the User Account. This is applicable in particular when the User Account is created by another person/User; which is unacceptable by the Service Provider. Setting up a User Account on the Platform for another person is a particularly gross violation of the Rules, due to the Service Provider's will to reliably inform each person about the terms of joining the Platform.
- The User is forbidden to share the User Account with other persons, transfer the rights to the User Account, as well as any other form of sharing a part or the entire Account. The User may only have one User Account on the Platform.
§ 5. PURCHASE OF TOKENS
- Pursuant to these Rules, the Parties define mutual rights and obligations regarding the purchase of Tokens.
- Joining the Token Distribution Process, within the meaning of the purchase of Tokens, may be made by the User who has set up an Account on the Platform.
- The User is obliged to provide all data required by the Issuer in the scope of § 6 in connection with the transfer of the Amount by the User for the purchase of Tokens.
- Token sale process is carried out in the form of an Auction, according to which the User may purchase Tokens in one of 280 stages, each of which lasts a total of 1 calendar day. The moment of starting and ending a given stage is displayed for the User on the Platform in a place visible to him.
- In each of the 280 stages, it will be possible to purchase a maximum of 0,178% of Tokens, calculated from the total number of Tokens intended for sale as part of the Token distribution process.
- In order to select a particular stage of the Auction, the User is obliged to select a particular stage in accordance with the messages displayed on the Platform. The User may participate in more than one stage of the Auction process at the same time, in accordance with the messages displayed on the Platform. After joining the Bidding process, the User may not remove the offer for the purchase of Tokens submitted by him and thus he is not able to withdraw from participation in the ongoing Bidding he has voluntarily joined, due to the provision of digital content in accordance with §13 sec. 8 of these Regulations.
- The Token Price will be determined each time depending on the particular stage of the Auction, according to the formula used: A/Ω x L, where A is the amount intended for the purchase of Tokens by a particular User at a given stage, Ω means the sum of the Amounts allocated by all Users at a given stage, while L is the total number of Tokens allocated at a given stage of the Auction, in accordance with § 5, with the proviso that the Token Price may not be lower than USD 0.05.
- If all the Tokens intended for sale at a given stage of the Auction are not sold, in accordance with sec. 4 and sec. 5, 50% (in words: fifty) of unsold Tokens will be burned, while the remaining 50% (in words: fifty) will be allocated to Users who participated in the same stage of the Auction. The Tokens will be transferred to the User in the form of a digital record assigned to the User's Account, in accordance with sec. 13, within 12 hours from the end of a particular Auction. In order to withdraw digital records, the User is obliged to undergo the procedure in accordance with sec. 16.
- The formula indicated in sec. 7, as well as other calculations indicated in § 5, will be calculated automatically by a specially programmed smart contract, and the final value of these calculations will be displayed to the User on the Platform during a particular stage of the Auction or immediately after the end of a particular stage.
- Payment as part of the transfer of the Amount by the User in connection with the purchase of Tokens on the Auction is possible through:
- Coinbase Commerce;
- Bitbay Pay;
- Availability of a particular payment operator indicated in sec. 10, depends on the place of permanent residence of the individual User, in accordance with the preamble to these Regulations. The Service Provider reserves the right to change, add, delete or modify a particular payment operator indicated in sec. 10, and reserves the right to directly accept the Amount from the User omitting the operators indicated in sec. 10.
- Apart from the operators indicated in sec. 10, the User may proceed to Bidding as part of the purchase of Tokens using the external MetaMask application (https://metamask.io) using cryptocurrencies in the Ethereum blockchain network (ETH or TUSD) or in the Binance Smart Chain blockchain network (BNB or BUSD). Details on the use of the MetaMask application when purchasing Tokens are included in the FAQ on the Platform.
- The Bidding process may be entered into after the User has correctly transferred the Amount to the Issuer and after the funds have been credited by the Issuer. If the User uses the payment operators indicated in par. The time of booking depends on the individual operator. In the case of transfer of funds using MetaMask software, in accordance with para. 12, the posting time depends on the confirmation of the transaction in a particular blockchain network selected by the User.
- The Issuer issues an appropriate document for the purchased Tokens, depending on the status and legal form of a particular User.
- The User, after bidding on the Tokens, purchases a digital record on the User's Account. The delivery of digital records to the User takes place immediately and automatically, but not later than within 48 hours from the moment the User correctly transfers the Amount as part of the Bidding process, in accordance with the provisions of §5 of these Regulations.
- In order to replace the digital records visible on the User's Account and thus transfer the Tokens to the User, the User is obliged to perform the following actions:
- The User in his panel, visible from the User Account, is obliged to indicate his wallet address, compliant with the ERC20 standard;
- The User is obliged to indicate the number of Tokens that he intends to transfer to the wallet address compliant with the ERC20 standard indicated by him, in accordance with sec. 16 point 1;
- The User is obliged to approve the payment of Tokens to the indicated wallet address in accordance with sec. 16 point 1.
- After the User has performed the activities referred to in sec. 16, the Issuer approves the payment of the Tokens by transferring them to the wallet address compliant with the ERC20 standard, indicated by the User. The transfer of the Tokens to the User, by accepting the payment of Tokens from the User's Account, takes place no later than within 72 hours, subject to the possibility of extending this period in the event of reasons beyond the Issuer's control, such as e.g. technical breaks, BSCEthereum network failures, or the occurrence of broadly understood force majeure, up to a maximum of 14 days.
- In order to perform any operations on Tokens, related to, inter alia, their sending or receiving, the wallet address provided by the User, in accordance with sec. 16 must be compliant with the ERC20 protocol. In addition, the wallet address indicated by the User cannot be assigned to any cryptocurrency exchange. Up-to-date information on the accepted wallet addresses is available on the Website in the FAQ tab. The User is solely responsible for deciding on the appropriate wallet address in accordance with the above protocol. Providing a wrong or incorrect wallet address by the User may result in the loss of all Tokens held by him and the Issuer is not responsible for this, and the User does not acquire any claim for a refund. Moreover, each User is responsible for the safe storage of their private key. The loss or theft of the private key is tantamount to the loss of all Tokens assigned to a given wallet address and the Issuer is not responsible for its incorrect use.
§ 6. KYC/AML
- The Service Provider, as part of the User's activity on the Platform, identifies and verifies him, due to, among other things, international regulations on counteracting money laundering and terrorist financing. The verification levels and the documents required for this have been specified by the Issuer directly on the Platform.
- Each User creating the User Account shall undergo a verification according to the regulations on counteracting money laundering and terrorist financing as specified on the Platform, which include personal identification, verification, if the natural person is included in sanctions, PEP and Adverse Media lists. Personal identification including photographing individuals face and identity document of a particular User is performed by Ondato.
- As required by law, the Service Provider may re-verify Users in accordance with an internally developed financial security procedure, consistent with KYC/AML.
- If the User makes a transaction exceeding the amount of EUR 15,000.00 (in words: fifteen thousand EUR 00/100), it is necessary to perform additional verification. Additional verification may consist in the necessity to submit other documents, including, for example, confirmation or confirmations regarding the source of funds, or taking a photo with a held document from the basic verification made by the User, a sheet of paper with handwritten text, or a form of the User's photo with a location indicated by the Service Provider, near the address indicated on the address confirmation or video contact between the Issuer and the User.
- Details of the data and documents needed to be provided by the User in terms of its verification are specified directly on the Platform, in the User Account.
§ 7. USER STATEMENTS
- The User declares and assures the Service Provider that he accepts the provisions of these Rules in full, without any reservations or additions.
- The User declares that he is not a citizen or resident of the United States, Luxembourg, Germany, Italy, or another country whose law restricts or prohibits participation in the processes collectively and commonly referred to as Initial Coin Offering or classifies the Token distribution process only as issues of financial instruments or derivatives of instruments as defined in the relevant national laws.
- The User declares that as part of this Token Distribution Process (ICO) he acts on his own behalf, and in particular does not act for the benefit of a person or entity being a citizen or resident of the countries indicated in sec. 2, and that the funds intended and transferred to the Issuer come from legal sources.
- The User acknowledges and accepts that the Token based on the ERC20 standard is not:
- a personal document, on request or issued to the bearer within the meaning of Article 174 of the Commercial Companies Code of 15 September 2000;
- a financial instrument within the meaning of Article 2 (1) of the Act on Trading in Financial Instruments of 29 July 2005;
- a unit of participation or an investment certificate within the meaning of the Act on Investment Funds and Management of Alternative Investment Funds of 27 May 2004;
- a retail collective investment product within the meaning of Article 4 of the EU Regulation No. 1286/2014 of the European Parliament and of the Council of 26 November 2014 on Key Information Documents for Retail Collective Investment Products and Insurance-based Investment Products (PRIIP) and is not subject to state-guaranteed legal regulations.
- The User acknowledges and accepts that this FOUND Coin Distribution Process (ICO) is not:
- a public offering within the meaning of Article 3 (1) of the Act on Public Offering, Conditions Governing the Introduction of Financial Instruments to Organized Trading, and Public Companies of 29 July 2005, or similar;
- he activity of managing alternative investment funds within the meaning of Article 1a of the Act on Investment Funds and Management of Alternative Investment Funds of 27 May 2004, or similar;
- the activity of managing investment funds within the meaning of the Act on Investment Funds and Management of Alternative Investment Funds of 27 May 2004, or similar;
- the activity performed by an investment fund (open-end investment fund, closed-end investment fund or specialized open-end investment fund), or the activity performed by an alternative investment fund within the meaning of the Act on Investment Funds and Management of Alternative Investment Funds of 27 May 2004, or similar;
- the activity performed by an alternative investment company within the meaning of Article 8a of the Act on Investment Funds and Management of Alternative Investment Funds of 27 May 2004, or similar;
- the activity related to trading in financial instruments within the meaning of the Act on Trading in Financial Instruments of 29 July 2005, or similar;
- the activity consisting in the provision of payment services within the meaning of Article 3 of the Payment Services Act of 19 August 2011, or similar;
- the banking activity, including the activity referred to in Articles 5 and 6 of the Banking Law Act of 29 August 1997, or similar;
- outsourcing activity in the field of banking activities, activities of investment funds or insurance or reinsurance companies within the meaning of the relevant provisions of common law or similar;
- the activity of a pension fund within the meaning of Article 2 of the Act on the Organization and Operation of Pension Funds of 28 August 1997, or similar;
- insurance or reinsurance activity within the meaning of Article 4 (1) and (2) of the Act on Insurance and Reinsurance Activities of 11 September 2015, or similar;
- other regulated or licensed activity, in particular the activity requiring a license, permit, notification, concession, entry in the register of regulated activity or any other consent of third parties being public administration bodies, within the meaning of the relevant provisions of national law.
- The User acknowledges and accepts that the Issuer does not carry out activities consisting in collecting funds of other natural persons, legal persons or organizational units without legal personality in order to grant credits, loans or risk exposure to these funds in any other way, and that he will undertake such activities.
- The User declares that he is aware that the Issuer does not guarantee the User that the Token Distribution Process, as well as the acquisition of the Tokens themselves, will bring the User the expected results, or economic or financial benefits, and confirms that the Issuer does not provided or did not guarantee the User such results or financial benefits. In addition, the User declares that he is aware of the various types of risk related to the process of joining the Token Distribution Process, and declares that he is familiar with the types of risks associated with this process, which have been detailed in the Whitepaper.
- The User acknowledges and accepts that by joining this Token Distribution Process, he does not join the Issuer's company, does not form a partnership with him, within the meaning of the Commercial Companies Code of 15 September 2000 or other local laws, and does not acquire corporate rights in the Issuer's company and does not enter into a legal relationship of a similar nature with the Service Provider, including, for example, a civil partnership or joint venture.
- The User acknowledges and accepts that the Tokens may not be treated as an investment and will not be issued as an investment, and any nomenclature used by the Issuer in his materials related to the Token Distribution Process is only the wording used by the Issuer to illustrate a particular situation.
- The User acknowledges and accepts the fact that the conclusion of these Rules may have tax consequences for him, and the tax obligation in this regard rests directly with him.
- The User declares that he is familiar with this Token Distribution Process, its mechanism, as well as the scope of services provided by the Issuer and additional materials in the form of the Whitepaper, as well as obtained all the necessary information and data, which he considers sufficient to decide on the acceptance of these Rules, transferring the Amount to the Issuer, as well as joining the Token Distribution Process, and that he has extensive knowledge of the functioning, use or usability of software based on blockchain technology.
§ 8. ISSUER STATEMENTS
- The Issuer declares that according to the current state of technical knowledge, he has the necessary experience and qualifications, as well as technical and personal resources to carry out this Token Distribution Process.
- The Issuer declares that there are no obstacles on his part that could prevent the performance of this Token Distribution Process, but this does not mean that he ensures the User or guarantees that this Token Distribution Process will be carried out and completed in accordance with the original assumptions, however, he will exercise due diligence to make this happen.
- The Issuer makes no representations regarding the successful development or implementation of innovative solutions, and disclaims any guarantees implied by national law.
§ 9. OBLIGATIONS OF THE PARTIES
- The Issuer undertakes to program and implement a smart contract, which will be the primary distribution mechanism for the Tokens. For this purpose, the Issuer undertakes to carry out appropriate tests of the smart contract, as well as its implementation in the main network, in order to timely issue the Tokens for the User.
- In order to properly and reliably issue the Tokens, the Issuer undertakes to provide the User with the appropriate function in ccFOUND, which will enable the use of Tokens in accordance with their functions described in the Whitepaper, as well as free disposal within the Binance Chain network.
- The User is obliged to comply with the provisions of these Rules, as well as other provisions of law generally applicable in his country.
- The User is obliged to inform the Issuer on an ongoing basis about any changes resulting from his performance of the provisions of these Rules, and in particular to report any reservations in writing to the Issuer's address regarding the course of the Token Distribution Process in the context of the proper implementation of the provisions of these Rules and the conditions specified in the Whitepaper, within 14 days from the date of detection of any irregularities, under pain of losing the possibility of raising any claims against the Issuer.
- The User is obliged to immediately submit to the Issuer all data, statements and documents requested by the Issuer and which, in his opinion, will be necessary to implement the provisions of these Rules.
§ 10. AFFILIATE PROGRAM
- The Issuer declares and the User acknowledges that the basic purpose of the Platform is to enable Users to acquire Tokens before joining the Token Distribution Process, while the developed affiliate program is an additional functionality that allows Users to earn commissions in the manner described herein.
- Each registered User may take part in the affiliate program by using the unique referral link available from the User’s Account in the Referral tab.
- The User may attract other third parties to his structure, using the referral link, in accordance with sec. 2, in order to distribute the Tokens offered by the Issuer to third parties.
- As a result of the instruction, completed with the transfer of the Amount by another third party to the Issuer, the User is entitled to receive a commission of 10% of the Amount spent on Tokens by that third party who joined the Token Distribution Process using the User's unique referral link.
- The User may choose the currency in which he will receive the commission directly from the User's Account in the Referral tab. The User can choose the currency in which the commission will be paid to him only once, when joining the affiliate program for the first time. At a later time, the User will not be able to change the currency of his choice to another and therefore the User undertakes not to bring any claims against the Issuer. In accordance with the above provisions, the User, via the User Account, may choose either a fiat currency (USD or GBP or EUR) or a virtual currency (BTC or BCC or ETH or LTC or FOUND Coin).
- The funds accumulated on the User's Account, as a result of the instruction to participate in the affiliate program, may be paid to the bank account or cryptocurrency wallet address indicated by the User on the ground of a document correctly issued by the User and delivered to the Issuer in the form of a receipt or an invoice, as an intermediary, with the proviso that the minimum withdrawal amount from the affiliate program must be the equivalent of USD 100 in any currency chosen by the User in accordance with sec. 5.
- The User operating as part of the Platform's affiliate program acknowledges and is obliged to:
- Inform about the Tokens offered by the Issuer and the projects implemented by the Issuer in a proper manner, taking into account in particular the specificity of the virtual currency market;
- The necessity to create a User’s Account and accept the provisions of these Regulations;
- Inform about the lack of guarantee of profit and the existing risk in accordance with the provisions of these Regulations and the Whitepaper;
- In relations with third parties, be guided by the principle of honesty and reliability;
- Not use misleading and unfair market practices
- The User joining the affiliate program is obliged to perform a full KYC verification in accordance with the provisions of §6 of these Regulations, in particular §6 sec. 5. The Issuer may request re-verification of an individual User joining the affiliate program, in accordance with the provisions of this paragraph, in the event that the User pays funds expressed in the Currency of his choice to his bank account, in accordance with sec. 6.
§ 11. SANCTIONS AND COMPLAINTS
- Violations of the provisions of these Rules may, depending on the scale of the breach, result in:
- a warning;
- temporary suspension of the User Account, that is blocking access to the User Account;
- deletion of the User Account, which is tantamount to termination of the agreement, with the possibility of imposing a contractual penalty in the event of particularly gross acts to the detriment of the Issuer;
- The Parties agree that the deletion of the User Account under any legal or factual condition does not result in the Issuer being obliged to return the amount paid to the User, providing it happened, to the extent to which the Issuer has incurred direct and indirect reasonable costs related to the implementation of the provisions of these Rules and the Whitepaper, as well as the FOUND Coin Distribution Process until the User Account was deleted.
- Users and third parties may report violations, complaints and appeals against decisions to the Issuer's email address or via the Contact Form. The notification must include:
- identification of the notifying person or entity;
- indication of whether he is a Platform User, and if so, with his login;
- precise description of the notification;
- The issuer provides information on the consideration of the notification by electronic means within 30 (in words: thirty) working days from the date of its receipt. A response to the notification will be sent to the notifying person at the address provided by him in the complaint. The Issuer reserves the right to extend the above-mentioned period by a maximum of additional 30 (in words: thirty) business days if the consideration of the notification requires additional information or encounters obstacles beyond the Service Provider's control, in particular, such as hardware or Internet network failures. The Service Provider also stipulates that consideration of the notification may require additional explanations from the notifying person or entity – the time of providing such explanations by him each time extends the period of consideration of the notification
- Sending the complaint notification by the notifying person in an electronic form is tantamount to consent to receive an electronic response from the Issuer.
§ 12. PROCESSING OF PERSONAL DATA
- The Issuer is the administrator of Users' personal data. Contact with the Issuer is possible at the email address: firstname.lastname@example.org.
- Providing personal data is voluntary, however, it is a necessary condition to register a User Account, as well as to purchase Tokens, in terms of identification and address data.
- The User acknowledges that Personal Data Administrator provides for the possibility of entrusting processing of personal data to another entity (processor): in the scope of processing personal data within the personal identification process of KYC/AML the processor is to be Ondato.
- The User is responsible for providing false personal data.
- The Issuer ensures that he makes every effort to ensure that the processing of personal data by him takes place with the greatest respect for the privacy of persons whose data is processed and with the utmost care for the security of personal data processed, and in particular he ensures that he has taken all legal measures aimed at securing personal data files, and that he applies technical and organizational measures to ensure the protection of personal data being processed, appropriate to the threats and categories of data protected, and in particular, protects personal data against unauthorized disclosure, processing in violation of the law and loss, damage or destruction.
§ 13. LIABILITY AND WITHDRAWAL FROM THE CONTRACT
- The entity responsible for carrying out the Token Distribution Process, as well as for the information provided in the Whitepaper, is the Issuer, who provided all information to the best of his knowledge.
- The parties are responsible for the proper performance of the subject of these Rules on the general principles referred to in Article 471 of the Civil Code of 23 April 1964.
- The obligations of the Issuer provided for in these Rules shall be treated as obligations of due care and with due diligence provided for this type of relationship. Under no circumstances may the Issuer's liability be assessed on the basis of the provisions and principles relating to performance obligations.
- The Issuer is not liable for non-performance or improper performance of the Rules as a result of any risks related to joining the Token Distribution Process indicated in the Whitepaper.
- The User acknowledges that this Token Distribution Process is a process based on the use of innovative and modern technologies, the use of which is associated with specific types of risk indicated in the Whitepaper, and also that the position of state authorities with regard to the use of this technology is constantly changing, in terms of developing a uniform line of interpretation.
- Under these Rules, the Issuer does not provide the User with any guarantees or assurances regarding the services that are impossible to meet or guarantee, in particular regarding the benefits related to the Token Distribution Process.
- The Parties jointly declare that the liability of the Issuer towards the User who is not a consumer under the warranty shall be excluded to the fullest extent permitted by the provisions of generally applicable law.
- The Issuer informs and the User accepts that the right to withdraw from the contract is excluded due to the supply of digital content that is related to the financial market over which the Issuer has no control, which results in volatility and price fluctuations in these markets.
- The User who has joined the Token Distribution Process and thus purchased Tokens may not delete his User Account and thus may not delete the documents provided to the Service Provider as part of the verification process of an individual User, in accordance with § 6 of these Rules.
§ 14. APPLICABLE LAW AND CHOICE OF COURT
- The provisions of these Rules and any disputes between the Issuer and the User are subject to the provisions of the applicable national law of the country in which the Issuer has his registered office.
- In matters not covered by these Rules, the provisions of Polish law shall apply, in particular the provisions of the Civil Code of 23 April 1964.
- The parties agree that any disputes that may arise between the User and the Issuer in connection with these Rules will be settled by the court competent for the place of the Issuer, and in the case of the User who is a Consumer, within the meaning of the Civil Code, by the court having local and material jurisdiction, in accordance with provisions of generally applicable law.
- If the User is a Consumer, any disputes arising under these Rules may be resolved through mediation or via the EU ODR Internet platform, available at http://ec.europa.eu/consumers/odr/.
§ 15. ADDITIONAL PROVISIONS
- The Issuer ensures the operation of the ICT system in the form of a Platform, in such a way that each User may terminate the use of the Platform at any time free of charge, subject to § 13 sec. 9 of these Rules.
- The Issuer ensures the operation of the ICT system he uses in a way that prevents unauthorized access to the content of the message comprising electronic services.
- The Issuer stipulates that the use of electronic services may involve technical risk, typical for the use of the IT system. Users should protect their electronic connections and devices against unauthorized access, including in particular installing anti-virus software.
- The Issuer reserves the right to interfere with the technical structure of the User Account in order to diagnose any irregularities in the functioning of particular services, and he may also make changes and in any other way affect the technical side of the User Account, in order to modify it or restore the correct operation of the User Account or the Platform itself.
- The User hereby unconditionally and irrevocably acknowledges and accepts that he cannot transfer his rights and obligations under these Rules to a third party without the prior written consent of the Issuer, under pain of nullity. This prohibition does not apply to the situation of secondary disposal of Tokens acquired by the User to third parties.
- By secondary disposal to third parties, the Parties understand the sale of the Tokens that the User will receive from the Issuer in accordance with the principles set out in these Rules, as well as in the Whitepaper. The parties agree that the prohibition of changing the creditor of the User's receivables without the prior written consent of the Issuer also applies to any legal transactions of the User other than transfers, which may result in entering into the creditor's rights by a third party or acquiring the creditor's rights by a third party, in particular although not exclusively, as a result of the surety, repayment of the debtor or lien.
- The User acknowledges and accepts that in the event of unfavorable changes in the tax and legal environment, the Issuer may transfer the rights and obligations resulting from the implementation of the provisions of these Rules, in particular to the extent that it is related to the issue of Tokens to another entity, person or third parties, including the transfer of rights and obligations to another, newly established company. Moreover, the User consents to all transformations and legal changes of the Issuer himself.
- The transfer of rights by the User is prohibited, in accordance with the conditions set out in § 5, unless the Issuer agrees to it in writing.
§ 16. FINAL PROVISIONS
- The Issuer has the right to amend these Rules without giving any reason. In such a situation, the Issuer will inform about changes to the Regulations in a visible place on the Platform or by email addressed to Users or directly as part of the message available on the User Account. If the User does not agree to the change of the Rules, he has the right to close the User Account.
- Lack of legal basis or incompleteness of any of the clauses contained in the Rules does not mean that the entire Rules shall be invalid. These provisions are changed to those that best reflect the sense and purpose of the existing provisions.
- The User is obliged to determine how and according to what law he will be taxed in connection with the purchase of Tokens and to pay due tax to the competent tax authorities. The Service Provider is not responsible for incorrect tax settlement of an individual User due to the purchase of Tokens by him.
- The Service Provider has the right to temporarily or permanently discontinue or limit the provision of the Services, without prior notification to the Users. In particular, the Service Provider is entitled to carry out maintenance works aimed at restoring the security and stability of the ICT system. The User has no claim in connection with the interruption or cessation of the Service by the Service Provider.
- Any attachments to these Regulations constitute an integral part thereof.
- These Rules shall enter into force on 18 June 2021.
ANNEX TO THE RULES https://shop.ccfound.com
DEPOSIT AND WITHDRAWAL OF FUNDS UNDER THE USER'S BALANCE
§ 1. GENERAL PROVISIONS
- These Rules constitute an annex to the Website Rules available at https://shop.ccfound.com (hereinafter referred to as "Annex to the Rules" or as "Annex") and is an integral part of it. All other details regarding the provision of services by the Issuer are specified in the Website Rules.
- The definitions used in the Rules referred to in sec. 1 shall also apply to this Annex, unless otherwise specifically indicated in this document.
- The Issuer's designations included in the Rules, depending on the place of permanent residence of the User, also apply to this Annex.
- This Annex to the Rules sets out the rules for the deposit of funds to the Platform and their withdrawal from the Platform as part of the created User's balance, in order to use these funds for services available on the Website.
§ 2. GENERAL CONDITIONS OF DEPOSIT AND WITHDRAWAL
- Every User who has registered a User Account on the Website, in accordance with the conditions set out in the Rules, has the opportunity to use the additional functionality of the Platform, in respect to the deposit of funds expressed in virtual currency by the User directly to the Platform in order to use the funds in the process of purchasing Tokens under § 5 of the Rules.
- After logging into the User Account, the Issuer provides the User with the option to deposit funds in accordance with the provisions of this Annex, in a visible place on the Platform. The funds deposited by the User and available through his User Account are his sole property and the Issuer does not use these funds under any circumstances.
- The deposit of funds to the Platform may take place only with the use of virtual currencies, in accordance with the messages displayed on the Platform. The User who uses the option to deposit funds as part of the service included in this Annex, cannot use the payment operators included in § 5 sec. 10 of the Rules.
- The funds deposited to the Platform are expressed in the form of a balance equal to the value of the funds deposited by the User, subject to the fees included in § 5 of this Annex. The value of the funds deposited by the User is converted into the balance available on the User's Account in relation to the current exchange rate applicable by the Issuer, in accordance with the messages displayed on the Platform. The Issuer reserves the right to round the amount resulting from the conversion of funds to two decimal places.
- The time of booking the funds and their matching to the value of the balance in accordance with sec. 4, takes place no later than within 24 hours from the correct transfer of funds by the User. The Issuer reserves the right to extend this period for reasons such as, for example, technical breaks, BSC or Ethereum network failures or the occurrence of Force Majeure, up to the maximum period specified in §5 sec. 15 of the Rules.
- The funds expressed in the amount of the balance in accordance with this paragraph may be used by the User only as part of the services available through the Platform.
- The Issuer reserves the right to verify the User when using the deposit or withdrawal service to the Platform at any time, in accordance with the conditions set out in § 6 of the Rules.
§ 3. SCOPE OF THE USER'S RIGHTS AND OBLIGATIONS
- The User is not obliged to ensure the constant availability of funds within the balance available on the User's Account, however, he is obliged to have sufficient funds to cover the fees under § 5 of this Annex.
- The User may deposit funds to the Platform only from the wallet address which he owns. At the same time, the User declares that the funds deposited to the Platform come from a legal source, and in the event of reservations on the part of the Issuer as to the source of the funds, he undertakes to provide relevant documents showing the source of such a transaction, in accordance with the provisions of § 6 of the Rules.
- The User is fully responsible for any irregularities in the functioning of the service of depositing funds to the Platform or withdrawing funds from the Platform as a result of his culpable act or omission, including incorrect use of the service functionality or integration with external software selected by the User, as well as providing an incorrect wallet address, in accordance with the conditions set out in § 5 sec. 16 of the Rules.
- The User acknowledges and accepts that the deposit of funds by the User or their withdrawal, in accordance with the conditions set out in this Annex, is not an activity included in § 7 sec. 5 of the Rules, and that it does not in any way constitute a regulated activity, including, but not limited to, currency exchange or currency exchange activity or similar activities.
- The User and third parties may report violations, complaints and appeals in the respect to the deposit of funds to the Platform or their withdrawal, in accordance with the provisions of § 11 of the Rules.
- The User acknowledges and accepts that the Issuer is liable in accordance with the conditions set out in § 13 of the Rules, and the obligations and duties of the Issuer indicated in this Annex are treated as obligations to act with due care and with normal diligence provided for this type of relationship.
§ 4. DURATION OF THE AGREEMENT AND WITHDRAWAL OF FUNDS
- The Agreement is concluded for an indefinite period.
- The User may terminate the Agreement at any time by withdrawing all funds from the Platform under the balance on the User's Account in accordance with the messages displayed on the Platform, subject to the need to pay the fees specified in § 5 of this Annex.
- In order to withdraw funds from the balance on the User's Account, the User is obliged to perform the withdrawal procedure in accordance with the messages displayed on the Platform. Up-to-date information on withdrawing funds from the Platform is available to the User in the FAQ tab.
- The User may also withdraw a part of the funds accumulated in the balance on the User's Account. Withdrawals will be made in the currency and using the same method in which they were deposited to the Platform by the User.
- All payments must be approved by the Issuer. The Issuer approves the withdrawal of funds from the balance on the User's Account, subject to the reduction of the value of the withdrawal by the amount of fees in accordance with § 5 of this Annex within 72 hours, subject to the possibility of extending this period in the event of reasons beyond the Issuer's control, such as for example, technical breaks, BSC or Ethereum network failures or the occurrence of widely understood Force Majeure, up to a maximum of 14 days.
- The Issuer reserves the right to terminate the Agreement with immediate effect for a valid reason, which is tantamount to the withdrawal of funds from the Platform under the balance on the User's Account, in particular in the event of breach by the User of the essential provisions of this Annex or the Rules.
§ 5. COSTS AND FEES
- The Issuer does not charge any commission for the provision of the service of depositing funds to the Platform or the possibility of their withdrawal, in accordance with the provisions of this Annex.
- The User shall not receive any interest or profits for the deposit of funds to the Platform due to the maintenance of funds in the User's Account.
- The User is obliged to pay all transaction fees, including but not limited to the fees of the Ehtereum network or the BSC network or payment processor fees or funds conversion fees or other fees for electronic deposits, which result from the deposit of funds to the Platform, as well as for the withdrawal of funds from the Platform, under the created balance on the User's Account.
- The amount of fees in accordance with sec. 3, is determined each time by the Issuer, in accordance with the messages displayed on the User's Account at the time of ordering (using) the service of depositing or withdrawal of funds from the Platform by the User, unless the Rules or any annexes to the Rules provide otherwise.
- The User is obliged to pay the fees due in accordance with sec. 3, which should be made in the manner and within the time specified in the messages displayed on the Platform. The payment for the fees by the User takes place when the full amount of the fee is credited or when such a payment is recorded in the registration system.
- If the User fails to pay the appropriate fee within the period specified in the messages displayed on the Platform, the Agreement shall be terminated on the last day of the payment deadline. At the same time, the User authorizes the Issuer to collect the fees specified in this paragraph on his own behalf, and accepts that the amount of the balance on the User's Account in relation to the deposit or withdrawal of funds may be reduced or increased by the value of transaction fees, in accordance with sec. 3.
§ 6. FINAL PROVISIONS
- The Issuer has the right to amend this Annex without giving any reason, in accordance with the conditions set out in the Rules.
- This Annex shall enter into force on 18 June 2021.