The following Terms and Conditions (the "Terms) together with any other terms incorporated by reference (the “Terms”) govern your (“you” or the “Purchaser”) purchase of cryptographic tokens (“ENO TOKENS”) from BITMUTUAL OÜ a private limited BITMUTUAL OÜ registered in Estonia (the “BITMUTUAL OÜ”). Purchaser and BITMUTUAL OÜ may be referred as Party or Parties in below.
By accessing and using the Website or purchasing ENO TOKENS, the Purchaser comply that has the necessary legal capacity to commit this Terms and agrees to comply and be legally bound by these Terms. These Terms do neither represent nor constitute in any way a solicitation for investment and/or an offering of securities in any jurisdiction.
PRIOR TO PURCHASING ENO TOKENS, THE PURCHASER SHOULD CAREFULLY CONSIDER THESE TERMS AND IF NECESSARY, GET ADVICE FROM AN APPROPRIATE LAWYER, ACCOUNTANT, OR TAX PROFESSIONAL.
BITMUTUAL OÜ RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE THE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON. ALTHOUGH WE AIM AT INFORMING KNOWN USERS OF SUCH CHANGES, THIS MAY NOT BE POSSIBLE. THUS, IT REMAINS AS YOUR OBLIGATION TO REVIEW THESE TERMS PERIODICALLY. ANY CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING AT OUR WEBSITE.
1.1.ENO TOKENS WILL NOT BE AVAILABLE FOR SALE TO THE CITIZENS OR RESIDENTS OF THE USA OR ANY OTHER COUNTRY WHERE TRANSACTIONS IN RESPECT OF, OR WITH USE OF, DIGITAL TOKENS FALL UNDER THE RESTRICTIVE REGULATIONS OR REQUIRE FROM BITMUTUAL OÜ TO BE REGISTERED OR LICENSED WITH ANY GOVERNMENTAL OR LICENSING AUTHORITY
1.2 BITMUTUAL OÜ will create and issue in total 23% of ENO TOKENS will be available at the initial offering.
1.3 No further ENO TOKENS will be created and issued, and all unsold ENO TOKENS will be burnt and will not be in circulation.
1.4 All purchases of ENO TOKENS are final and, therefore, non-refundable.
2.1 In order to participate in the Initial ENO TOKENS Sale, the Purchaser must have a wallet that supports ERC20 tokens. The Purchaser is solely liable for issues arising from the use of a non-compatible system or wallet.
2.2 ENO TOKENS bought by the Purchaser will be sent to his/her Ethereum-based personal account/wallet. Purchasers shall be responsible for implementing reasonable measures for securing their wallets, including any requisite private keys or other credentials necessary to access such storage mechanism. If the Purchaser loses private keys or other access credentials, the Purchaser may lose access to ENO TOKENS bought.
3. TIME OF THE INITIAL ENO TOKENS OFFERING
3.1 The Initial Sale of ENO TOKENS launches July 2021 and shall run until September 2021 as described in BITMUTUAL OÜ Whitepaper.
3.2 The dates of the Initial ENO TOKENS Sale may be changed, or the duration of the Initial ENO TOKENS Sale may be extended for any reason, including the unavailability of the Website or other unforeseen security or procedural issues.
4.1 By accessing or using the Website, you represent and warrant that you have not previously been suspended or removed from the Website.
4.2 You represent and warrant that you are not: (a) located in, under the control of, or a national or resident of United States, China, North Korea; or (b) placed on the Denied Persons List. You further represent and warrant that you will not use the Site if the laws of your country prohibit you from doing so in accordance with this Terms.
5. ANTI MONEY LAUNDERING/ KYC
5.1 BITMUTUAL OÜ reserves the right to conduct Know Your Customer (“KYC”) and/or Anti-Money Laundering (AML) checks and procedures on the Purchasers if it becomes required by the applicable laws.
5.2 The Purchaser undertakes to provide all the information requested by BITMUTUAL OÜ in respect of conducting KYC or AML checks/procedures. If the Purchaser fails or refuses to provide the specific and necessary information requested by BITMUTUAL OÜ in due time, BITMUTUAL OÜ shall have the power to terminate the Purchaser’s rights to use the Website and the power to stop providing services to that Purchaser without any obligation from BITMUTUAL OÜ to refund or indemnify the Purchaser.
6. PERSONAL DATA
7. REPRESENTATIONS AND WARRANTIES
7.1 BITMUTUAL OÜ makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of any services, online cryptocurrency services, assets or platforms and/or the information, images or audio contained or related to BITMUTUAL OÜ Project. The Purchaser uses all these services including but not limited to the Website services, online cryptocurrency services, assets or platforms at his/her own risk.
7.2 The Purchaser agrees not to hold BITMUTUAL OÜ, including its affiliates, directors, employees, agents, contractors and service providers, liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected to the sale of ENO TOKENS including losses associated with these Terms.
7.3 By accepting these Terms, the Purchaser guarantees that he/she is neither resident, not citizen of a country whose laws and regulations ban or limit the purchase and/or use of cryptographic tokens.
7.4 The Purchaser represents and warrants that the Purchaser understands the usage and intricacies of blockchain-based assets, like ENO TOKENS, and blockchain-based software systems.
7.5 The Purchaser represents and warrants that he/she is aware of all the merits, risks and any restrictions associated with cryptographic tokens, cryptocurrencies and blockchain-based system, and that he/she is knowledgeable as to their management. The Purchaser further represents and warrants that he/she will take sole responsibility for any restrictions and risks associated with the purchase of ENO TOKENS.
7.6 The Purchaser understands and accepts that ENO TOKENS are not an investment, currency, security, commodity, a swap on a currency, security or commodity, or any other kind of financial instrument.
7.7 The Purchaser understands and accepts that purchase and possession of ENO TOKENS shall not give/grant the right to the Purchaser to exercise any control over BITMUTUAL OÜ or other aspects of BITMUTUAL OÜ Project.
7.8 The Purchaser accepts and warrants that he/she bears a sole responsibility for determining if the acquisition, allocation, use or ownership of ENO TOKENS, potential appreciation or depreciation in the value of ENO TOKENS over time, the sale and purchase of ENO TOKENS and/or any other action or transaction related to ENO TOKENS has tax implications.
7.9 The Purchaser represents and warrants that the Purchaser is not buying ENO TOKENS for the purpose of speculative investment.
7.10 The Purchaser acknowledges and accepts that ENO TOKENS are purchased on an “as is” and “under development” basis. Therefore, provided BITMUTUAL OÜ acts in good faith, the Purchaser accepts that BITMUTUAL OÜ is providing ENO TOKENS without being able to provide any warranties, including, but not limited to title, merchantability or fitness for a particular purpose.
7.11 The Purchaser understands and accepts that BITMUTUAL OÜ does not guarantee that ENO TOKENS will be listed or traded on any exchange.
7.12 The Purchaser understands and accepts that BITMUTUAL OÜ does not guarantee that the ENO TOKENS will hold its value or increase in value in the future.
7.13 BITMUTUAL OÜ warrants that it has taken all necessary measures, within its reasonable control and the state of the art, in order to guarantee the proper functioning of the Website and to minimize system errors, both from a technical point of view and material published, as well as to prevent the existence and transmission of viruses and other harmful components to the computer systems of Purchasers; however, BITMUTUAL OÜ does not guarantee that the Website shall be fully exempt of errors, failures or malign components (of any nature) at all times.
7.14 BITMUTUAL OÜ does not guarantee the lawfulness, reliability and usefulness of the contents supplied by third parties through the Website. If any Purchaser becomes aware of the existence of any content that is illegal, unlawful or infringing of the rights of third parties, he/she shall immediately notify BITMUTUAL OÜ so that we can proceed with the adoption of appropriate measures.
7.15 By purchasing ENO TOKENS, the Purchaser acknowledges that BITMUTUAL OÜ, including its affiliates, directors, employees, agents, contractors and service providers, is not required to provide a refund for any reason, and that the Purchaser is not entitled to receive money or any other form of compensation for any ENO TOKENS that are not used or not suitable for their intended purpose.
8.1 Neither the Purchaser nor BITMUTUAL OÜ, including its affiliates, directors, employees, agents, contractors and service providers, shall be held liable towards the other party for any failure to perform any obligation, if such failure is caused by circumstances beyond the reasonable control of either BITMUTUAL OÜ or the Purchaser failing to fulfil its obligations.
8.2 For the purpose of these Terms a force-majeure shall include, but not limited to lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, acts of government or other competent authorities (including telecommunications and internet service providers).
8.3 The Purchaser indemnifies and holds BITMUTUAL OÜ, including its affiliates, directors, employees, agents, contractors and service providers, harmless against all and any losses, liability, actions, suits, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of BITMUTUAL OÜ Project, whether due to BITMUTUAL OÜ’s, including its affiliates, directors, agents, contractors and service providers, negligence or not.
9 LIMITATIONS OF LIABILITY
9.1 Subject to any Applicable Laws and Regulations, the Purchaser agrees that BITMUTUAL OÜ shall not be liable for any costs, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential losses (such as loss of profits, business, goodwill, revenue or anticipated savings) or damage of any kind), penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts that you or any third party might suffer that relate to or arise from these Terms or purchase and use of ENO TOKENS, or termination of these Terms, for any reason, whether or not anyone anticipated or should have anticipated that the damages would occur.
9.2 Subject to any Applicable Laws and Regulations, the Purchaser shall not have any claim of any nature whatsoever against BITMUTUAL OÜ for any failure by BITMUTUAL OÜ to meet any of BITMUTUAL OÜ’s obligations under these Terms as a result of causes beyond BITMUTUAL OÜ’s control.
9.3 Subject to any Applicable Laws and Regulations, the Purchaser agrees to indemnify and hold BITMUTUAL OÜ harmless in respect of any claim that a third party might bring against BITMUTUAL OÜ that relates to or arises from these Terms or purchase of ENO TOKENS.
9.4 Any party related to the Initial ENO TOKENS Sale shall not be liable for any losses howsoever caused as a result of, arising from, or in connection with, whether directly or indirectly, the following:
- The Purchaser’s use of the Website or unavailability, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure of the Website or any linked website.
- The Purchaser’s reliance on the information provided through the Website.
- The Purchaser’s participation in the Initial ENO TOKENS Sale and/or his/her use and/or possession of, and reliance on, ENO TOKENS he/she receives as a result of the same.
- Any results that the Purchaser envisages that he/she might obtain from his/her participation in the Initial ENO TOKENS Sale.
- Unauthorized access to or alteration of the Purchaser’s transmissions or data.
- Statements or conduct of any third party on the Website; and
- Any other matter relating to the Website and to any of the services and goods available through the same.
9.5 The Purchaser acknowledges and accepts that the tokens are volatile and a fluctuating good based on technology and a supply and demand model, and therefore, BITMUTUAL OÜ shall not accept any liability for any depreciation of ENO TOKENS and any losses that the Purchaser may suffer as a result.
9.6 BITMUTUAL OÜ shall not be held liable for, the accuracy, usefulness or correctness of all information and documents published on the Website. BITMUTUAL OÜ does not guarantee that ENO TOKENS are reliable or error-free.
9.7 The Purchaser shall indemnify, defend and hold BITMUTUAL OÜ, including its subsidiaries, affiliates, directors, officers, employees, agents, representatives, assignees and successors, harmless from and against all claims, damages, losses, actions, demands, proceedings, expenses and/or liabilities filed or incurred by any third party against BITMUTUAL OÜ arising out of a breach of any warranty, representation or obligation under these Terms.
10.1 The Purchaser and BITMUTUAL OÜ agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
11 USE OF THE WEBSITE
11.1 The Purchaser agrees that in using the Website the Purchaser shall not:
11.1.1 Use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity.
11.1.2 Transfer files that contain viruses or other harmful programs.
11.1.3 Seek to bypass or interfere with any security features of the Website or interfere with any of BITMUTUAL OÜ’s websites, servers, or networks.
11.2 BITMUTUAL OÜ reserves the right to suspend, restrict or terminate the Purchaser’s access to this Website at any time without notice, at BITMUTUAL OÜ’s discretion, if BITMUTUAL OÜ has reasonable grounds to believe the Purchaser has breached any of the restrictions above.
11.3 BITMUTUAL OÜ may, at its sole discretion, restrict access to some parts of this website, or the entire website, to limited groups of Purchasers.
12 NO WAIVER
12.1 The failure of the BITMUTUAL OÜ to require or enforce strict performance by the Purchaser of any provision of these Terms or BITRU´s failure to exercise any right under these Terms shall not be construed as a waiver or relinquishment of the Company’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by BITMUTUAL OÜ of any provision, condition, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by BITMUTUAL OÜ Team shall be deemed a modification of these Terms nor be legally binding.
13.1The Purchaser shall take proper measures to protect his/her personal wallet keys, without which the Purchaser will not be able to access his/her personal wallet and use ENO TOKENS, which have been purchased during the Initial ENO TOKENS Sale.
13.2 The Purchaser expressly acknowledges that he/she understands, accepts and agrees that BITMUTUAL OÜ, including its affiliates, directors, employees, agents, contractors and service providers, will not be required or able to re-issue the keys to access his/her personal wallet.
13.3 The Purchaser further accepts and agrees that without the required keys and login details the Purchaser’s ENO TOKENS will be inaccessible and considered as unusable. BITMUTUAL OÜ will not be liable to refund the Purchaser due to this failure from the Purchaser’s side.
14.1 The Purchaser agrees that BITMUTUAL OÜ may communicate with, and/or otherwise provide notifications to the Purchaser, via email and other forms of electronic communications, by sending a paper document, or by posting on the Website.
15.1 Only English versions of any BITMUTUAL OÜ Team communications shall be considered official communications of BITMUTUAL OÜ. In case of any differences the English version of any communications as well as these Terms shall prevail.
16 COOPERATION WITH LEGAL AUTHORITIE
The Company will cooperate with all law enforcement enquiries, subpoenas, or requests provided they are fully supported and documented by the law in the relevant jurisdiction.
17 GOVERNING LAW
17.1 Any matters arising from these Terms and Conditions, shall be governed by and interpreted in accordance with the laws of the Republic of Estonia.
If a dispute arises between the Purchaser and BITMUTUAL OÜ, the Purchaser is strongly encouraged to first contact BITMUTUAL OÜ directly to seek amicable resolution.
The courts of the Estonia will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms or use of the Website.
If you have any questions about these Terms and Conditions, please contact us by e-mail at email@example.com