C2R GREEN & C2R GREEN PLANET TERMS & CONDITIONS
The following Terms and Conditions (hereinafter, the “Terms”) apply to the purchaser and/or holder of the NFTree and C2RCarbon (hereinafter collectively referred to as the “Tokens”). Do not purchase, through an intermediary or otherwise, or continue to hold and/or use the Tokens if you do not agree to the following Terms. These Terms do not constitute an offering document, prospectus, offer to sell or solicitation of an offer to buy any financial instrument in any jurisdiction.
By purchasing (through an intermediary or otherwise) and/or holding the Tokens, you will be bound by these Terms and all terms incorporated by reference, which contain provisions that affect your legal rights. Prior to purchasing the Tokens, you should carefully consider these Terms and, to the extent necessary, consult a lawyer, accountant, and/or tax professional, as applicable.
The following Terms constitute a binding agreement between
C2R Green, a company duly incorporated in United Kingdom registry number no 12476803 and (hereinafter, “the Company” or “We”) and you or the entity you may act in representation of (the “Purchaser”, the “Holder” or “you”) and contains the terms and conditions pursuant to which you will purchase and/or hold the Tokens from the Company. You and the Company are each a “Party” and, together, “Parties”, to these Terms.
OR
C2R Green Planet Private Limited, a company duly incorporated in India registry number no U82990RJ2023PTC088393 and (hereinafter, “the Company” or “We”) and you or the entity you may act in representation of (the “Purchaser”, the “Holder” or “you”) and contains the terms and conditions pursuant to which you will purchase and/or hold the Tokens from the Company. You and the Company are each a “Party” and, together, “Parties”, to these Terms
Your procurement of the Tokens, whether directly or via an intermediary, as well as ongoing possession and/or utilization of the Tokens, is governed by these Terms. By buying, holding, and/or utilizing the Tokens, you consent to these Terms. If you disagree with any part of these Terms, refrain from purchasing, retaining, or using the Tokens.
Unless otherwise stipulated here, these terms exclusively control your acquisition, retention, and/or usage of the Tokens. The Company maintains the right to introduce new terms or modify the current Terms at its sole discretion. Such alterations will come into effect upon their posting on the website https://c2r.green/ (the “Website”). It’s your duty to routinely visit the Website for any such updates. In the event of any discrepancy between these Terms, the latest edition posted on the Website shall supersede.
Token Purpose
The Tokens serve the following functions:
NFTrees: NFTrees from C2R are non-fungible utility tokens tied to physical trees. Each NFTree generates C2RCarbon tokens, equivalent to the amount of carbon the corresponding physical tree absorbs from the atmosphere. For each NFTree sold, C2R Green will plant a real tree, serving environmental, carbon offset, and investment objectives.
In instances where NFTrees are sold for ownership transfer, the right to all revenue belongs to the real tree’s owner associated with their NFTrees, in addition to receiving C2RCarbon tokens as outlined herein. Regular NFTrees, which are not owned, do not offer this possibility and will remain under company ownership.
C2RCarbon: C2RCarbon tokens are NFT tokens that represent one (1) kilogram of CO2 absorbed by an NFTree. NFTree holders receive C2R tokens relative to the amount of CO2 absorbed by their real-world counterparts. C2R tokens can be held, bought, and/or sold on the C2R Green wallet, or burned for Carbon Offset as detailed below.
Please note, C2R Green is actively working on the development of the C2R Green platform, which is not yet complete. We’re striving to perfect our products and aim to do so promptly, but it’s important to recognize our offerings are on an “as is” basis. We make no guarantees or warranties concerning the completion, success, features, uses, or functionalities of C2R’s unreleased products.
Ownership, purchase, receipt, or possession of the Tokens does not imply any explicit or implicit rights other than those described herein for Token use. Particularly, you recognize and agree that, barring any specifications in these Terms, the Tokens do not imply any ownership rights, stakes, shares, securities, or equivalent rights, or any rights to future revenue shares, intellectual property rights, or any form of participation in or related to the Company or its Associated Parties, subject to these Terms and other relevant terms, conditions, or policies, likely to be implemented by the Company in the future. The Tokens should not be perceived or construed as a loan agreement, digital currency, security, commodity, or any other type of financial instrument.
You’re purchasing the Tokens solely for the purposes outlined herein, and you understand the risks associated with the Company, its Associated Parties, and the Tokens as detailed below. You are not buying the Tokens for any purpose other than what’s specified, such as investment, speculative, or financial purposes. You acknowledge and agree that C2R Green and the Tokens are in a developmental stage and may undergo significant changes over time.
Token-Related Rights
Please note, the Tokens inherently possess no value. The Company is currently conducting a legal and regulatory analysis of the Token’s functionalities, which might eventually influence the Tokens’ intended functionality to ensure legal and regulatory compliance. Any changes to the Token’s functionality will be published on the Website, and it is your responsibility to periodically check for such updates.
As currently designed, the Tokens provide holders with these specific rights:
Regular NFTrees:
- To receive C2RCarbon tokens relative to the amount of CO2 absorbed by the real-world tree tied to each tree token, starting from the planting moment and lasting for fifteen (15) years;
- To physically visit the real-world trees linked to their NFTrees;
- To participate in the C2R Platform.
Ownership NFTrees:
- To receive C2RCarbon tokens in proportion to the amount of CO2 absorbed by the real-world tree linked to each tree token, starting from the planting moment and lasting for fifteen (15) years;
- To physically visit the real-world trees tied to their NFTrees;
- Once the tree matures, the value of the real-world trees associated with each NFTree can increase up to 20% ROI.
- Are refundable and can be exchanged for cash or its equivalent value in any virtual currency after a 3-year lock-in period.
- To participate in the C2R Platform.
C2RCarbon tokens:
- To participate in the C2R Platform; and
- To burn C2RCarbon tokens in Offsetting Carbon footprint.
- “Any tree plantation undertaken without explicit ownership rights being granted to a third party shall be deemed as solely owned by the Company.”
- “The Company retains the unrestricted right to use, manage, and modify any such tree plantation for any purpose, including but not limited to commercial, environmental, or research activities.”
- “Unless otherwise explicitly agreed upon, no party other than the Company may claim any form of ownership, control, or usage rights over the tree plantation.”
- “The Company reserves the right to alter these terms and conditions at any time, with changes being effective immediately upon their publication on the Company’s official communication channels.”
Please acknowledge and understand that the Tokens:
Possess no inherent value, and neither the Company nor any Associated Parties make any promises or guarantees concerning its value.
Do not confer any ownership rights, shareholding, participation, or any other right, title, or interest in the Company or any other entity, enterprise, or undertaking, or any of their revenues or assets.
Are not intended to represent any currency or money, security, commodity, bond, debt instrument, unit in a collective investment scheme, or any other financial instrument or investment.
Are not a loan to the Company or its Associated Parties, and do not represent any debt owed by any entity.
Are not any form of financial derivatives, commercial paper, or negotiable instruments.
Do not entitle Token holders to any promise of fees, dividends, revenue, profits, or investment returns.
Are not a commodity or asset that any person is obliged to redeem or purchase.
Are not intended for speculative investment and are not meant to be a security in any relevant jurisdiction.
Do not result in any mutual agreements or rights and obligations being created between the Purchaser and other Token holders.
Are subject to the limitations and conditions in these Terms and in any other applicable policies published occasionally on the Website.
While the above outlines the current rights and limitations related to purchasing and holding the Tokens, the Purchaser acknowledges and agrees that these rights and limitations may be adjusted by the Company as deemed necessary for compliance with any applicable laws or regulations.
Token Purchase Cancellation and Refusal at Company’s Discretion
Please be aware that your purchase of the Tokens is final. The Company does not offer refunds or cancellations unless required by relevant law or regulations. You acknowledge and agree that you waive any rights to receive refunds for any amounts paid to the Company or any other seller in exchange for the Tokens or to cancel any purchase.
Despite the above, the Company retains the right to refuse or cancel any purchases or purchase requests of the Tokens at any time for any reason at its sole discretion, without providing any reasons. This includes, but is not limited to, the following circumstances:
- If there is a failure to complete KYC, anti-money laundering, or counter-terrorism financing checks performed by the Company or the applicable seller;
- If there is a change in the business or development plan of the Company or the applicable seller;
- If there is an adverse change in the regulatory framework.
The Company, or any other applicable seller, is not obligated to notify the Purchaser of the outcomes of any customer identification, due diligence, or anti-money laundering due diligence checks, nor provide reasons for unsatisfactory results of checks.
The Company, or any other applicable seller, reserves the right to request your personal details, including correct name, address, and details of the digital wallet from which you have made payment. It is your responsibility to provide accurate details. Failing to provide this information will prevent the seller from allocating the Tokens to your digital wallet.
The Company reserves the right to temporarily suspend or permanently halt the sale of the Tokens at any time at its sole discretion without providing any reasons. During any suspension period or in the event of a sale aborting, the Tokens will not be available for purchase, whether through intermediaries or otherwise
Wallet Security
You are fully responsible for ensuring the security of your wallet, vault, or any other storage methods used to receive and store the Tokens acquired from the Company. This includes safeguarding all essential private keys or access credentials required to access such storage methods. In the event of loss or misplacement of your private keys or access credentials, you acknowledge that you may lose access to your Tokens. The Company shall not be held liable for any losses, costs, or expenses arising from the loss of access credentials under any circumstances.
Taxation
The Tokens’ Purchase Price does not include any applicable taxes (such as value-added, sales, use, offerings, withholding taxes, income, or similar taxes) referred to as “Taxes” herein. As the buyer, you are solely responsible for determining whether any Taxes apply to your purchase, holding, and/or usage of the Tokens. Additionally, you are responsible for complying with all relevant tax reporting obligations related to the Tokens.
Neither the Company nor any other applicable seller will withhold, collect, report, or remit any Taxes associated with your purchase, holding, and/or usage of the Tokens.
Please be aware that the Company and its Associated Parties, affiliates, shareholders, directors, employees, or advisors do not provide tax advice. It is recommended that you seek professional tax advice if needed.
By purchasing the Tokens, you agree not to hold the Company, its Associated Parties, affiliates, shareholders, directors, employees, or advisors liable for any tax liability that may arise from or be connected to your purchase, holding, and/or usage of the Tokens.
Capacity and Experience:
The Purchaser acknowledges that the decision to purchase the Tokens is entirely their own responsibility. By purchasing the Tokens, the Purchaser expressly confirms that they have thoroughly reviewed and fully comprehend the risks, costs, and benefits outlined in these present Terms related to the acquisition of the Tokens.
The Purchaser further assures that they possess the legal competence and capacity to accept these Terms through their acquisition of the Tokens.
Furthermore, the Purchaser agrees that they have a sound understanding and significant experience in cryptography, blockchain systems, products, and services. They are fully aware of the inherent risks associated with acquiring and/or holding the Tokens. The Purchaser also possesses the knowledge, expertise, and experience in financial matters to evaluate the risks involved in acquiring the Tokens and can bear the risk of losing the entire value of their Token acquisition.
The Purchaser must ensure they are qualified and authorized to make such an acquisition decision and, if deemed necessary, have sought advice and guidance from their own advisors and legal counsel concerning the acquisition of the Tokens.
In making the decision to acquire the Tokens, the Purchaser acknowledges and agrees that they have not relied on any advice or recommendation from the Company, its Associated Parties, affiliates, directors, shareholders, advisors, or employees, nor any placement agent associated with the Company.
If the Purchaser is acting on behalf of an entity, they acknowledge and confirm that they possess full power and authority under such entity’s governing instruments to do so, and that the entity itself has the full power and authority under its governing instruments to acquire the Tokens.
Acknowledgment and Assumption of Risks:
- Legal Risks:
- The Tokens might be considered as a security in some jurisdictions, present or future.
- The Company does not guarantee that the Tokens are not a security in any jurisdiction.
- Each Purchaser, holder, and/or user is responsible for the legal or financial consequences of the Tokens being considered a security in their respective jurisdiction.
- The Company’s ability to provide Tokens in certain jurisdictions may be affected by future regulations or legal actions.
- If it becomes certain that the Tokens are not legal in a particular jurisdiction, the Company will decide to either cease operations or adjust the Tokens to comply with regulations (if possible and feasible).
- It is the responsibility of the Purchaser to ensure the legality of acquiring, holding, and/or using the Tokens in their jurisdiction.
- Risk of Blockchain Malfunction:
- The Company’s source code may contain flaws, errors, defects, or bugs that could impact users, compromise security, or functionality.
- Such flaws may adversely affect the Company’s value and usability.
- Risk of Source Code Update:
- The source code may be updated or modified by developers and the community.
- The outcome of such updates cannot be predicted or guaranteed and may affect the Tokens and/or Company operations.
- Risks of Internet Transmission:
- Utilizing Internet-based digital assets, products, and websites carries certain risks, such as hardware, software, and internet connection failures.
- The Company will not be held responsible for communication failures, disruptions, errors, distortions, or delays experienced while using its services, website, platforms, or Tokens.
- Cryptography Risks:
- Risks associated with cryptography, such as code cracking or technological advances like quantum computers, may pose risks to crypto-based products, including the Tokens.
- The Company may take proactive steps to update its protocol in response to advances in cryptography but cannot predict unforeseeable changes.
- Forking:
- The Tokens are supported by the community, and anyone may develop patches or upgrade the source code without prior authorization.
- A significant acceptance of such patches or upgrades may result in a “fork” in the Polygon blockchain, impacting the Tokens’ operation and market value.
- The resolution of a forked blockchain may not be guaranteed and could take considerable time.
- Risk of Unfavorable Regulatory Action:
- The Tokens may be subject to regulatory inquiries or actions, potentially limiting their existence, permissibility, and value.
- Risk of Theft and Hacking:
- Third-party wallet interference, website interference, or denial of service attacks, among others, may be attempted by hackers or organizations.
- Risk of Mining Attacks:
- The Polygon blockchain, used for the Tokens, may be susceptible to various mining attacks, impacting the Tokens.
- Risk of Loss of Value and Uninsured Losses:
- The value of the Tokens may fluctuate, and they are entirely uninsured, unlike accounts at financial institutions.
- The Tokens are Non-Refundable:
- The Company is not obligated to provide refunds related to the Tokens for any reason.
- No promises are made regarding future performance, price, or inherent value.
- Taxation Risks:
- The tax characterization of the Tokens is uncertain, and tax advice must be sought by the Purchaser.
- Adverse tax consequences, including withholding taxes, income taxes, and reporting requirements, may arise.
- Risk of Dissolution of the Company, its Associated Parties, or C2R:
- Start-up companies, including the Company and its Associated Parties, face significant financial and operating risks.
- Competitors:
- Alternative networks utilizing similar code and protocol to the Tokens and/or C2R may be established, potentially impacting the Tokens and/or C2R.
- Risk of Insufficient Information:
- Information concerning C2R, the Tokens, and the Company may not be fully disclosed due to ongoing development and updates.
- Such insufficiency of information disclosure is acknowledged as inevitable and reasonable.
- Unanticipated Risks:
- Blockchain technologies, including the Tokens, are new and untested, and unanticipated risks may materialize.
You acknowledge and agree that you have been informed of the potential risks associated with purchasing, holding, and/or using the Tokens, the Website, and the “C2R Ecosystem.” Furthermore, you acknowledge and accept that there may be other additional risks not specified herein, and you fully assume such risks.
Indemnity
To the fullest extent allowed by applicable law, the Purchaser agrees to indemnify, defend, and hold harmless the Company, its Associated Parties, and all their respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, legal and financial advisors, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (hereinafter referred to as “Indemnified Parties” and individually as “Indemnified Party”) from and against all claims, demands, actions, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
- The Purchaser’s purchase, whether through an intermediary or otherwise, holding, or use of Tokens.
- The Purchaser’s responsibilities or obligations under these Terms.
- The Purchaser’s violation of these Terms.
- The Purchaser’s violation of any rights of any other person or entity in connection with the Tokens and/or these Terms.
- The Purchaser’s subsequent transfer of the Tokens to any individuals or entities.
The Company reserves the right to exercise sole control over the defense, at the Purchaser’s expense, of any claim subject to indemnification under this section, including the choice of legal counsel. This indemnity is additional and not a replacement for any other indemnities provided in any other written agreement between the Purchaser and the Company.
Any Indemnified Party or other identifiable person who is not a party to these Terms may enforce any rights granted to them under these Terms as if they were a party to these Terms. However, apart from this provision, any person who is not a party to these Terms shall not have the right to enforce any term of these Terms.
Notwithstanding the above, the consent of or notice to any person who is not a party to these Terms shall not be required for any termination, rescission, variation, waiver, assignment, novation, release, or settlement under these Terms at any time. The Company may act conclusively upon and shall incur no liability regarding any action taken based on any notice, consent, request, instructions, or other instrument believed in good faith to be genuine, regardless of the manner in which it was given.
The Company will protect and indemnify its agents, delegates, service providers, officers, directors, and other representatives against liability.
Release
To the fullest extent allowed by applicable law, you hereby release the Company and all other Indemnified Parties from any and all responsibility, liability, claims, demands, and damages (both actual and consequential) of any kind and nature, whether known or unknown, arising out of or related to disputes between users and the acts or omissions of third parties. This release includes claims of negligence or any other legal basis.
You expressly waive any rights you may have under any statute or legal principles that would otherwise limit the scope of this release to only those claims you may know or suspect to exist in your favor at the time of agreeing to this release. In essence, this release covers all potential claims, whether presently known to you or not, and ensures that the Company and the other Indemnified Parties are fully released from liability to the maximum extent permitted by applicable law.
Representations, Warranties and Eligibility
By purchasing, holding, and/or using the Tokens, you affirm and guarantee that:
- You are at least 18 years old.
- You possess full legal capacity and authority to enter into this agreement.
- You have not been previously suspended or removed from using our services.
- You have not been listed on any of the sanctions lists maintained by the United Nations, European Union, any EU country, UK Treasury, or US Office of Foreign Assets Control (OFAC).
If you are using the services on behalf of a legal entity, you further represent and warrant that:
- The legal entity is duly organized and validly existing under the applicable laws of its jurisdiction.
- You are duly authorized by the legal entity to act on its behalf.
- Any beneficial owner of the legal entity, director, employee, service provider, or any other individual connected with the Company is not listed on any of the sanctions lists maintained by the United Nations, European Union, any EU country, UK Treasury, or US Office of Foreign Assets Control (OFAC).
The Company reserves the right to implement any and all necessary measures to monitor your compliance with this Section 11.
Limitation of liability
The Purchaser acknowledges and agrees that, to the fullest extent permitted by law, the disclaimer of liability contained herein applies to any and all damages or injuries caused by or related to:
- The use of the Tokens or the inability to use the Tokens.
- The Company, together with the Indemnified Parties, under any cause of action in any jurisdiction, including but not limited to actions for breach of warranty, breach of contract, tort (including negligence), or any other legal basis.
The Company and the Indemnified Parties shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, including but not limited to loss of profits, loss of revenues, loss of goodwill, or loss of data, arising out of the use of, inability to use, purchase of, or inability to purchase the Tokens, or arising out of any interaction with the Tokens associated smart contract implemented in relation to the Tokens.
Anti-Money Laundering
The Purchaser represents and warrants to the Company that:
(i) They are not purchasing, holding, and/or using the Tokens under any prohibition of any jurisdiction or by contravening any local or international law or regulation (“Prohibited Person”);
(ii) No person or entity that controls, is controlled by, or under common control with the Purchaser is a Prohibited Person;
(iii) Neither the Purchaser nor any person having a direct or indirect beneficial interest in the Purchaser or the Tokens being acquired is the subject of sanctions administered or enforced by any country or government (collectively, “Sanctions”) or is organized or resident in a country or territory that is the subject of countrywide or territory-wide Sanctions; and
(iv) To the extent that the Purchaser has any Beneficial Owners, they have carried out thorough due diligence to establish the identities of those Beneficial Owners, and based on that due diligence, the Purchaser reasonably believes that no Beneficial Owner is a Prohibited Person. They hold the evidence of those identities and status and will maintain such evidence for at least five (5) years from the date of the Purchaser’s complete redemption from the Company. They agree to make available that evidence and any additional evidence that the Company may require upon request in accordance with applicable regulations.
Claims
The Company, together with the Indemnified Parties, shall not be liable in any way or in any event in respect of any claim under these Terms if such claim was not made within the 6-month period commencing from the date that you receive the Tokens (the “Claim Period”). Any claim which has been made before the expiration of the Claim Period shall, if it has not been previously satisfied in full, settled, or withdrawn, be deemed to have been withdrawn and shall become fully barred and unenforceable on the expiry of the period of six (6) months commencing from the date on which such claim was made unless proceedings in respect thereof shall have been commenced against the Company, and for this purpose, proceedings shall not be deemed to have been commenced unless they shall have been issued and served upon the Company.
For the avoidance of doubt, nothing in these Terms shall limit your obligation (at law or otherwise) to mitigate your loss in respect of any claim under these Terms, and you shall not be entitled to recover damages in respect of any claim (as the case may be) if, and to the extent that, you have already recovered damages in respect of the same fact or subject matter.
Future Migration of the Tokens
We reserve the right to migrate the Polygon-based Tokens (the “Pre-existing Tokens”) to another protocol and to generate replacement Tokens on the new protocol (the “Replacement Tokens”) in the future, should we determine, in our sole discretion, that doing so is necessary or useful to the operation of the C2R Ecosystem. Should we decide to migrate the Tokens, we may no longer provide support for the Pre-existing Tokens relating to the C2R Ecosystem or any other operational matters, except with respect to the migration process. If the Tokens are migrated to another protocol, the practical utility of Pre-existing Tokens will likely diminish rapidly once Replacement Tokens are created and in use by a significant portion of the C2R Ecosystem participants. You acknowledge and agree that for you to continue to participate in the C2R Ecosystem or obtain utility from the Tokens you may need to convert the Tokens you receive to Replacement Tokens in the future.
Information and Personal Data:
You acknowledge that you have read and understand the Company’s Privacy Policy available on the Website.
Upon the Company’s request, you will immediately provide the Company with information and documents that it, in its sole discretion, deems necessary or appropriate to comply with any laws, regulations, rules, or agreements, including judicial processes and anti-money laundering laws applicable to the jurisdiction. Such documents may include, but are not limited to, passport, driver’s license, utility bills, photographs of associated individuals, government identification cards, or sworn statements. You consent to the Company disclosing such information and documents to comply with applicable laws, regulations, rules, or agreements. Your failure to provide accurate and complete information required for your receipt of the Tokens may result in delays, losses, costs, non-delivery of refunds of the Tokens, or other issues. You acknowledge that the Company may refuse to distribute the Tokens to you and/or provide access to your account until such requested information and/or documents are provided. The Company reserves the right to request further information and documentation at any time at its sole discretion. The Company may refuse your access or purchase should it have doubts as to the validity, authenticity, and genuineness of the documents provided by you. You agree that the Company shall not be liable for any loss arising as a result of the delay or non-delivery of the Tokens to you or any other actions taken by the Company described in this section, and you hereby waive all claims against the Company arising from such losses. You agree to indemnify and hold harmless the Company against any loss incurred by the Company due to any such information or documentation not being provided by you.
You agree that the Company will process all personal data you provide or make available during the Token Sale, including but not limited to:
- The Purchaser’s name and surname;
- Their country of residence/nationality;
- A scanned government-issued ID (which must be valid for at least 6 months as of the uploading date);
- Their date of birth (if not available on the ID document);
- Their primary occupation;
- Proof of residency, which will be provided with any of the following documents:
- Bank statement of your current account;
- Credit card statement;
- Loan-related documents from a bank;
- Utility bill;
- Broadband home internet bill, landline phone bill;
- Tax return, council tax bill; or
- Government-issued certificate of residency;
- Mobile phone number;
- Photographs of you (which you must provide holding your ID document next to your face, with your head and shoulders visible, or by holding a hand-written piece of paper containing the words “C2R” and the date of your application); and
- Any other personal identification information reasonably required by the Company to discharge its identification and/or anti-money laundering and terrorism financing obligations.
In addition to the information set out above, the Company collects information from running its Website, provided thereto, and processes such information. When you visit the Website, the Company collects information sent by your computer, mobile phone, or another access device. This information may include your IP address, device information including, but not limited to, identifier, name, and type, operating system, mobile network information, and standard web log information, such as your browser type, and the pages you accessed on our website. When you use a location-enabled device with the Company’s website, we may collect geographical location data or use various means to determine the location, such as sensor data from your device that may, for instance, provide data on nearby cell towers and wi-fi access spots. When you access the Website, the Company or its applicable third-party service providers on behalf of the Company may place small data files called cookies on your computer or another device. The Company uses these technologies to recognize you as a user; customize the Website and advertising; measure promotional effectiveness and collect information about your computer or another access device to mitigate risk, help prevent fraud, and promote trust and safety.
Processing of personal data is any operation or set of operations that is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation, or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, blocking, erasure, or destruction. The Company may share your personal data with third parties to complete the Token Sale, reveal or suppress fraud, fix technical bugs, or eliminate security problems. The Company may disclose your personal data to its Associated Parties or third-party service providers to complete the Token Sale and fulfill the purposes set out below. The processing of your personal information shall otherwise be in accordance with the terms of the Company’s Privacy Policies in effect.
You agree that the Company will process your personal data to market, conduct and perform technical analysis on the completion of the Token Sale. Processing of your personal data will also be carried out to:
- Fulfill the Company’s obligations under these Terms and under applicable law (including to comply with applicable anti-money laundering requirements);
- Complete your registration;
- Provide technical support; and
- Assist the Company in the development of the C2R Ecosystem
Miscellaneous
- Force majeure:
The Company is not liable for failure to perform caused by an unavoidable casualty, delays in delivery of materials, embargoes, government or regulatory orders, acts of civil or military authorities, acts by common carriers, emergency conditions (including weather conditions), acts of terrorism, security issues arising from the technology used, failure of Polygon or another similar platform, or any similar unforeseen event that renders performance commercially implausible. If an event of force majeure occurs, the Party injured by the other’s inability to perform may elect to suspend the terms, in whole or part, for the duration of the force majeure circumstances. The Party experiencing the force majeure circumstances shall cooperate with and assist the injured Party in all reasonable ways to minimize the impact of force majeure on the injured Party.
- Entire Agreement:
These Terms, including the documents and material incorporated by reference, constitute the entire agreement between you and the Company, and supersede all prior or contemporaneous agreements and understandings (including without limitation the Whitepaper, the Website or any other marketing material), both written and oral, between you and the Company. The Company may make changes to these Terms from time to time as reasonably required to comply with applicable law or regulation. If the Company makes changes, it will as soon as practicable post the amended Terms on the Website. The amended Terms will be effective immediately. It is your responsibility to regularly check the Website for any such amendments.
- Severability_
The Purchaser and the Company agree that if any provision 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 these Terms, which shall continue to be in full force and effect.
- Interpretation:
The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.
- No Waiver:
The failure of the Company to require or enforce strict performance by the Purchaser of any provision of these Terms or the Company’s failure to exercise any right under these Terms shall not be construed as a waiver 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 the Company 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 the Company shall not be deemed a modification of these Terms nor be legally binding.
- No Partnership:
Purchasing (whether through an intermediary or otherwise), holding, and/or using the Tokens does not create any form of partnership, joint venture, or any other similar relationship between you and us, nor cause the Parties to be deemed acting in concert in any respect.
- Intellectual Property:
The Company (or the Associated Party, as the case may be) retains all right, title and interest in all of that entity’s intellectual property, including, without limitation, ideas, concepts, discoveries, processes, code, compositions, formulae, methods, techniques, information, data, patents, models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether patentable, copyrightable or protectable in trademark, registered or unregistered, and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. You may not use any of the Company’s (or the relevant Associated Party’s) intellectual property for any reason whatsoever.
- Multiple Purchasers:
If there is more than one person comprising a Purchaser, then all representations, warranties, acknowledgments, undertakings, and agreements by the Purchaser bind those persons jointly and each of them individually, and all benefits in favor of the Purchaser benefit those persons jointly and each of them individually.
- Assignment:
You shall under no circumstances be entitled to assign or novate your rights and obligations under these Terms (including without limitation the right to claim any of the Tokens purchased). The Company may assign or novate its rights and obligations under these Terms without your consent, and you agree to, at your own expense, take whatever action or execute any document which the Company may require for the purpose of effecting any such assignment or novation by the Company.
- Cooperation with Legal Authorities:
The Purchaser acknowledges and agrees that the Company intends to cooperate with all law enforcement inquiries, subpoenas, or requests provided that such inquiries, subpoenas, or requests are fully supported and documented by the law in the relevant jurisdictions in the Company’s judgment. The Purchaser hereby acknowledges and agrees that the Purchaser has read, understands, and is bound by such cooperation efforts made by the Company.
- Language:
Currently, only English versions of any Company’s communications are considered official. The English version shall prevail in case of differences in translation.
- Governing Law and Dispute Resolution:
These Terms shall be governed in all respects, including as to validity, interpretation and effect, by the laws of as per jurisdiction, without giving effect to its principles or rules of conflict of laws, to the extent such principles or rules are not mandatorily applicable by statute and would permit or require the application of the laws of another jurisdiction.
All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
Each Party agrees to keep all matters relating to this arbitration, including the arbitral awards, confidential, except as is otherwise required by court/arbitrator order or as is necessary to confirm, set aside or enforce the arbitral award and for disclosure in confidence to each Party’s respective legal, financial or other professional advisors.
- No Class Action:
Any dispute arising out of or related to these Terms is personal to Purchaser and the Company and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempt to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
- Survival:
Any sections or terms, which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms.
- Remedies:
These Terms do not limit any rights that the Company may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to the Company, pursuant to these Terms or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to the Company.
- Headings:
All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms.
- Third Parties:
Any company, party or another identifiable person who is not a Party to these Terms may enforce any rights granted to it pursuant to these Terms in its own right as if it was a party to these Terms. Except as expressly provided in the foregoing sentence, a person who is not a party to these Terms shall not have any rights to enforce any term of these Terms. Notwithstanding any term of these Terms, the consent of or notice to any person who is not a party to these Terms shall not be required for any termination, rescission or agreement to any variation, waiver, assignment, novation, release or settlement under these Terms at any time.
- Notices:
You agree and acknowledge that all agreements, notices, disclosures, and other communications that the Company provides to you, including these Terms, will be provided in electronic form. These Terms have been entered into for and on behalf of the Company. If you have any questions regarding these Terms, please contact us at welcome@c2r.green .
For these purposes, “Beneficial Owners” include, but are not be limited to the following: (i) shareholders of a corporation; (ii) partners of a partnership; (iii) members of a limited liability company; (iv) investors in a fund of funds; (v) the grantor of a revocable or grantor trust; (vi) the beneficiaries of an irrevocable trust; (vii) the individual who established an IRA; (viii) the participant in a self-directed pension plan; (ix) the sponsor of any other pension plan; and (x) any person represented by the Purchaser in an agency, representative, intermediary, nominee or similar capacity. If the Beneficial Owner is itself an entity the information and representations set forth in this Application Form must also be given with respect to its individual Beneficial Owners. If the Purchaser is a publicly-traded company, it need not conduct due diligence as to its Beneficial Owners.