PLEASE READ THESE TERMS AND CONDITIONS OF BANKCOIN CASH TOKEN SALE CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF TOKEN SALE, DO NOT MAKE A CONTRIBUTION FOR THE PURCHASE OF BANKCOIN CASH TOKENS.
Your purchase of BANKCOIN CASH tokens ("BKC") from Investment Strategies Ltd. ("Company," "we," or "us") is subject to these Terms and Conditions of BKC Token Sale ("Terms"). Each of you and Company is a "Party," and together the "Parties."
By registering on the Website (as defined below) or by making a contribution for the purchasing BKC from us in order to participate in BANKCOIN CASH token sale, including any pre-sale (“Contribution”), you will be bound by these Terms and all terms and policies incorporated by reference.
By accepting these Terms, you acknowledge that you have read these Terms, understand them, and had an opportunity to seek independent legal advice prior to agreeing to the Terms.
You also warrant and represent that you are (i) at least 18 years old and have full capacity to contract under applicable law; (ii) using legally-obtained funds that belong to you; (iii) not furthering, performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your relationship with us; and (iv) comporting with and obeying all applicable laws.
Any suspension or termination of these Terms will not affect your obligations to us under these Terms, including, without limitation, proprietary rights and ownership and limitation of liability, which reasonably are intended to survive such suspension or termination.
These Terms remain effective from the date of acceptance until terminated by you or us in accordance with these Terms.
Other Applicable Terms; Project Documentation
A legally binding agreement constituted between you and us includes these and other applicable terms, rules and policies such as:
Bankcoin-cash KYC Policy;
Our website available at https://bankcoin-cash.com including its subdomains (the "Website"), whitepaper, one pager as well as any other publications and materials (collectively, the "Project Documentation") are solely of descriptive nature, are not an offer, are not binding and do not constitute a part of these Terms or an agreement between you and us. We may add to, update or replace any documents or policies referred to in these Terms at our sole discretion, from time to time.
These Terms prevail in the event of any conflict between them and any other documents or policies referred to in these Terms.
We restrict and reserve the right to restrict contributing and participating in the Bankcoin Cash token sale in respect of certain jurisdictions and/or citizens or residents of certain jurisdictions, countries, states or territories, (i) where legitimacy of token sales has been challenged, (ii) where token sales have become illegal and (iii) that have been designated by the FATF as a “non-cooperative country or territory” (collectively, "Restricted Territories").
You fully understand and agree that we are not liable if the country of your citizenship, residency or location becomes restricted.
We may, at our sole discretion, terminate these Terms, close your Account and return your funds if you are resident in one of the Restricted Territories.
We do not intend that Contributions should be made in Restricted Territories or by residents or citizens of Restricted Territories. The availability of the Project Documentation does not constitute an offer, solicitation or invitation for making Contribution and participation in the BANKCOIN CASH token sale in such jurisdictions. The fact that the Project Documentation may be accessible in any such jurisdiction shall not be construed as a representation or warranty with respect to the legality of making Contributions, participation in the BANKCOIN CASH token sale or access to and use of the Project Documentation.
It is your sole responsibility to determine the law that applies in the location in which you are present or reside, and that you should understand your legal rights and responsibilities to make Contributions and participate in the BKC token sale. You should ensure that you act legally in your jurisdiction when registering on the Website, using the Project Documentation or making a Contribution, and you represent, warrant and agree that you will do so
Contribution Procedures and Specifications
Total Number of BKC to be Created and Sold:
~ 100,000,000 BKC to be created at most.
~ 20,000,000 to be sold at most.
The price of 1.00 BKC will be determined in BTC on ETH LTC DOGE
Contributions shall be made in BTC or other cryptocurrencies made available by us for such purposes and must be sent from a wallet in which respect you can confirm your ownership. Contributions shall be sent to our wallet address specified in your Account’s dashboard, which shall be made available to you upon acceptance of these Terms. To determine the amount of BKC received in exchange for the Contribution made in a cryptocurrency other than BTC, the applicable cryptocurrency exchange rate to BTC quoted by https://coinmarketcap.com/ shall be used.
Commencement and Duration of Contribution Period:
Delivery of BKC:
Sent via smart contract within ~7 days after the conclusion of the contribution period to your Ethereum wallet. Your Ethereum wallet shall be required to enable the Company to issue BKC to you via smart contract.
If for whatever reason we are unable to deliver within the foregoing targeted time period, we shall exercise reasonable endeavours to procure that delivery shall be made within a reasonable time thereafter.
BKC will be issued on the Ethereum platform in accordance with the ERC20 standard.
During the contribution period we may run marketing campaigns, which may include bonuses, discounts or provision of BKC for free.
At any time prior to the completion of the token sale, we may either temporarily suspend or permanently abort the BANKCOIN CASH token sale for security or other reasons.
By making Contribution, you acknowledge and represent that you understand and have no objection to these procedures and material specifications.
Refusal of Contribution Requests; Cancellation; Refunds
We reserve the right to refuse, reject or cancel Contribution requests at any time at our sole discretion.
Your Contribution to us is final, and there are no refunds or cancellations except as may be required by applicable law or regulation, or as otherwise determined by us in our sole discretion prior to the completion of the distribution of the BKC following completion of the token sale.
We reserve the right to refuse or reject any Contributions made at any time in our sole and absolute discretion. To the extent that we (i) refuse or reject a Contribution, or (ii) if on conclusion of the token sale, we have not received the equivalent of the soft cap in US dollars, we will exercise reasonable endeavours to procure that the Contribution is returned to you in the same cryptocurrency the Contribution was made to the wallet specified in your Account.
However, you acknowledge and accept that due to the Bitcoin blockchain’s transaction and/or mining fees, you are unlikely to receive an amount equivalent to your Contribution and that the refunded amount will be reduced by the amount of such transaction expenses. We will exercise reasonable endeavours to procure that refunds are made within a reasonable time.
KYC; Personal Information
We may determine, at our sole discretion, that it is necessary to obtain certain information about you in order to comply with applicable law or regulation in connection with your Contribution for the purchase of BKC. You agree to provide us such information promptly upon request, and you acknowledge that we may refuse to distribute BKC to you until you provide such requested information and we have determined that it is permissible to distribute BKC to you BKC under applicable law or regulation.
For more details, please, refer to our KYC Policy.
Issue and Delivery of BKC
We shall keep a record of all Contributions received to our wallet address(es), including details of the time the Contribution was received, the amount of the Contribution, and the wallet address from which the Contribution was sent.
In order to receive BKC or a refund (when applicable), you must have an Ethereum wallet that supports the ERC20 token standard, and you must notify the Company about details of the Ethereum wallet.
We reserve the right to prescribe additional conditions relating to specific wallet requirements at any time at its sole discretion.
Upon conclusion of the token sale and provided we are able to successfully identify and verify you according to the UpStake KYC Policy, we shall send instructions via smart contract to issue BKC to your Ethereum wallet.
You acknowledge and agree that transfer of title to, and risk of loss of, BKC will pass from us to you, and will occur, in the Republic of Seychelles.
On receipt of your Contribution, such Contribution shall immediately become the sole and exclusive property of the Company who shall be entitled to apply the contribution towards the development of the System and Services and other expenses relating to our business, including, but not limited to as specified in the Project Documentation. The application of your Contribution shall be determined by us acting at our sole discretion and we shall be under no obligation to inform you or otherwise verify how your Contribution is used.
You are responsible for implementing reasonable measures for securing your account or other storage mechanism you use to hold BKC you received from us, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If your private key(s) or other access credentials are lost, you may lose access to your BKC. We are not responsible for any such losses
Representations and Warranties
By making a Contribution and participating in the BKC token sale, you represent and warrant that:
You have read and understand these Terms, including Exhibit A;
You have the necessary authority and consent to accept these Terms, to enter into a binding agreement with us and to perform the obligations set out herein;
You acknowledge that you fully understand the contents of the Project Documentation and you are making a Contribution and participating in the BANKCOIN CASH token sale with the intention of fully accepting the risk of the failure of the System;
If you are making a Contribution on behalf of any entity, you are authorized to accept these Terms on such entity’s behalf and that such entity will be responsible for breach of these Terms by you or any other employee or agent of such entity (references to “you” in these Terms refer to you and such entity, jointly);
You are not a citizen or a resident of a Restricted Territory or making a Contribution from a location in a Restricted Territory, nor are you an entity incorporated, established or registered in or under the laws of a Restricted Territory, nor are you making a Contribution and participating in the BANKCOIN CASH token sale for or on behalf of any such person or entity;
You are not, nor are you an agent of a citizen or resident of a country or territory in which access to or use of the System or Services is prohibited by applicable law, decree, regulation, treaty, or administrative act;
You have a sufficient understanding of the functionality, usage, storage, transmission mechanisms and other material characteristics of cryptographic tokens like ETH, token storage mechanisms, blockchain technology and blockchain-based software systems to understand these Terms and to appreciate the risks and implications of making a Contribution or participating in the BANKCOIN CASH token sale;
You have obtained sufficient information about BKC, the System and Services to make an informed decision to make a Contribution and participate in the Bankcoin Cash Token sale;
You understand the restrictions and risks associated with the creation of BKC as set forth herein, and acknowledge and assume all such risks;
You understand, acknowledge and assume the risks associated with the acquisition, holding and use of BKC in connection with the System and Services, as explained and disclosed in these Terms and Exhibit A;
You understand that BKC confer only the right to use the System and access the Services, and confer no other rights of any form with respect to us or our affiliates or property, including, but not limited to, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights;
You are making a Contribution or participating in the BANKCOIN CASH token sale solely for the purpose of contemplated use of the System and access to the Services, being aware of the commercial risks associated with the Company. You are not making a Contribution or participating in the BANKCOIN CASH token sale for any other purposes, including, but not limited to, any investment, speculative or other financial purposes;
Your Contribution and participation in the BANKCOIN CASH token sale comply with applicable law and regulation in your jurisdiction, including, but not limited to, (i) legal capacity and any other applicable legal requirements in your jurisdiction for making a Contribution, participating in the BANKCOIN CASH token sale, using BKC, and entering into contracts with us, (ii) any foreign exchange or regulatory restrictions applicable to such Contribution, and (iii) any governmental or other consents that may need to be obtained;
You will comply with any applicable tax obligations in your jurisdiction arising from your Contribution and participation in the BANKCOIN CASH token sale;
A Contribution made by you is not derived from or related to any unlawful sources or activities, including but not limited to money laundering or terrorist financing activities;
You shall not use BKC to finance, engage in, or otherwise support any unlawful activities;
You have carefully reviewed the code of the smart contract located on the Ethereum blockchain and fully understand and accept its functions;
You waive the right to participate in a class action lawsuit or a class-wide arbitration against us or any of our employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns.
These representations and warranties are in addition to, and not in lieu of, any other representations and warranties set forth in these Terms.
We hereby exclude any and all liability for any security breaches or other acts or omissions which result in your loss or loss of access to BKC.