Terms and Conditions

REWARDMOB DIGITAL INC.

TOKEN GENERATION EVENT PARTICIPATION TERMS AND CONDITIONS

 

Posted: July 26, 2018

Last updated: July 26, 2018

 

 

These Token Generation Event Participation Terms and Conditions (the “Agreement”) contain the terms and conditions that govern the distribution of the RMOB Token (the “RMOB Token”) to contributors via the following website https://www.rmob.io

 

The Agreement governs the relationship between you or the entity that you represent (the “User”,you” and ”your”) and RewardMob Digital Inc., a company registered under the laws of British Columbia and having its registered address situated at 1690 Water Street, Suite 202, Kelowna, British Columbia V1Y 8T8, together with its parent company, subsidiaries and affiliates, (the “Company”, “us”, and “our”).

 

You and the Company are hereinafter referred to individually as a “Party” and collectively as the “Parties”.

 

  1. Definitions:
  • Account – online account created by the User on the Website;
  • Blockchain – type of distributed ledger, comprised of unchangeable, digitally recorded, data in packages called blocks;
  • Bitcoin – an open blockchain platform;
  • BTC – the name of the cryptocurrency ‘bitcoin’ used within Bitcoin;
  • Cryptocurrency – a digital asset designed to work as a medium of exchange using cryptography to secure the transactions and to control the creation of additional units of the currency;
  • Ethereum – an open blockchain platform;
  • ETH – the name of the cryptocurrency used within the Ethereum;
  • MasterCard – a payments processor which allows payments in fiat currency;
  • Platform or RewardMob Platform – the “RewardMob” platform owned by the Company;
  • RMOB Token – a cryptocurrency created by the Company;
  • Services – any services provided by the Company and/or its affiliates, including the services available to registered Users on the Website;
  • Token Generation Event or “TGE” – means the process in which RewardMob shall generate and distribute the ROMB Token to the contributors within the pre-established time-frames subject to these terms and conditions
  • User – Subscriber of the RMOB Tokens;
  • Valid KYC Documentation – KYC documentation that have been verified by the Company according to good practice and the Company’s procedures;
  • VISA – a payments processor which allows payments in fiat currency;
  • Wallet – any type of wallet used for storage of cryptocurrencies;
  • Waves – the name of the cryptocurrency ‘waves’ used within the Waves blockchain platform at https://wavesplatform.com/;
  • Waves Blockchain – the open blockchain platform chosen by the Company to power the Platform;
  • Website – https://tokensale.rewardmob.com/;
  • Whitepaper – the document located at the Website containing the TGE conditions and describing the Company’s project and business model.

 

  1. About RewardMob
  • RewardMob is a new mobile gaming platform that allows gamers to play their favorite games to earn rewards. The RewardMob enhances discovery and improves gamer engagement by leveraging the “community feel”. When new games are added to the RewardMob community, the active users of these games are given the option to create an account with RewardMob so that they can earn rewards and compete in tournaments. Gamers love the opportunity to earn while they play; this entices them to stay within the community, making it easier and less costly for game developers to find players, engage & keep them.
  • The Platform was launched in January 2018 and currently has over 75,000 registered users. The RewardMob app is available on iOS and Android and available in 180 territories.
  • On March 27th RewardMob successfully completed its first ticket sale whereby selling 875,000 tournament entry tickets for its Pay-to-Play platform.
  • RewardMob’s team is made up of industry veterans in the field of mobile gaming, eSports, Fantasy Sports, Influencer marketing, software development and cryptocurrency.
  • The Company will be holding an TGE in which interested members of the general public will be invited to participate in an offer to purchase RMOB Tokens (provided the transaction is completed in accordance with applicable law), in exchange for the following cryptocurrencies: ETH, BTC and Waves, as well as payments with Visa and Mastercard.
  • It is the Company’s intended objective to utilise funds raised through the TGE for:
  1. research and further development of the Platform,
  2. sales and marketing; and
  • general and administrative expenses.

 

  1. Acceptance of the Agreement
  • This Agreement comes into effect at the moment you register on the Website.
  • These terms and conditions constitute a legally binding agreement between you and the Company and govern your use of the Company’s Website. Please read these terms carefully.
  • The Company reserves the right to make changes to these terms at any time without notice. Any such changes will become effective upon the posting of the revised Agreement on the Website and you are solely responsible for reviewing any such notice and the corresponding changes to the Agreement. Your continued use of the Website and/or the Services following any such revisions to the Agreement will constitute your acceptance of such changes.
  • The Company shall have the right to change or remove the Website (temporarily or permanently) at any time without indicating the reasons to such changes or removal and you confirm that the Company shall not be liable to you for any such change or removal.
  • Use of the Website and/or the Services is limited to parties that are 18 years of age or older and can lawfully enter into and form contracts under applicable law.

 

  1. Your Account
  • In order for you to be able to start using the Website, you must first register with the Company and open an account (“Account”). The Company will provide you with a unique login ID and password. The Company is entitled to refuse to register you without indicating any reasons.
  • You agree that all information that you give us, such as, but not limited to, valid identification, address and email, during the term of validity of this Agreement is complete, true, correct and that you will immediately notify the Company of changes to such information or change such details by yourself on the Website.
  • The Company reserves the right to suspend the usage of the Account until your identity is completely verified.
  • It is your sole and exclusive responsibility to ensure that your login details are kept securely. You must not disclose your login details to anyone. This constitutes a breach of this Agreement. We recommend that you never share or disclose your Account information with anyone. You should create a complex and secure password, change your password from time to time and always log out when you are finished from using the Account. We shall not be responsible for any abuse or misuse of your Account by third parties due to your disclosure, whether intentional or accidental, active or passive, of your login details to any third party.
  • You shall not use the Website for any purpose that is unlawful or prohibited by this Agreement and legal requirements. Your registration implies your confirmation and a guarantee that by using the Website, you will act honestly and, in such way, that it would meet the interests of both you and the Company. The Company reserves the right to refuse or close an Account without prior notice if the use of the Website is unlawful or unaccepted.

 

  1. Your Obligations
  • A number of participation requirements set forth in the Website have to be met in order to be able to participate in the TGE. You can only participate in the TGE within such stipulated period and in such manner as set forth in the Website.
  • The Company has the right to refuse selling RMOB Tokens to anyone who does not meet above-mentioned criteria for their buying, as set out in this Agreement, the Website and by the applicable law.
  • You understand and acknowledge that the purchase and sale of cryptocurrencies and tokens of any kind involve risk. Due to the constant price fluctuations of cryptocurrencies, the value of your assets may increase or decrease at any time.

 

  1. The TGE
    • The Company has created a fixed total supply of one billion five hundred million (1,500,000,000.00) RMOB Tokens based on the Waves blockchain.
    • A total of a maximum of eight hundred fifty million (850,000,000.00) RMOB Tokens will be put up for distribution, against a contribution.
    • RMOB Tokens will be on sale at a rate of .03 USD per RMOB Token.
    • The following bonus schedule will also apply to the TGE:

 

Dollar ($) Value                               Price per RMOB token in USD

 

0 – 3,000,000                                  .015

3,000,001 – 5,000,000                     .02

5,000,001 – 7,000,000                      .025

7,000,000- 10,000,000                     .03

 

The TGE shall start on [July 26th, 2018] and end when all tokens are sold.

 

  1. RMOB Tokens Rights and Attributes
  • The RMOB Tokens may be used by you on the Platform to carry out the following activities:
  1. to use as an instrument of payment to be able to partake in our Pay-to-Play multiplayer tournaments (the “Tournaments”) including our “Mobile eSports tournaments” and the “Official Mobile eSports League Championship finals”;
  2. to use as an instrument of payment with game publishers, developers, advertisers, businesses and game streamers;
  • to use as a means of storage in order to maintain in the User’s account a certain amount of RMOB Tokens to be able to benefit from different benefits available to Users, as specified in the Platform’s Terms and Conditions;
  1. to use as a means of exchange and to trade your RMOB tokens using the Company’s built-in decentralised peer-to-peer exchange.
  • Your use of RMOB Tokens shall be subject to the Terms and Conditions of the Platform made available on the Website.
  • You acknowledge that the trading of RMOB Tokens in Canada will be restricted and only permissible if permitted under Canadian securities laws and any certificates or documents representing the RMOB Tokens will bear the following legend:

 

UNLESS PERMITTED UNDER SECURITIES LEGISLATION, THE HOLDER OF THIS SECURITY MUST NOT TRADE THE SECURITY BEFORE THE DATE THAT IS 4 MONTHS AND A DAY AFTER THE LATER OF (i) THE DATE OF DISTRIBUTION OF THIS SECURITY, AND (ii) THE DATE THE ISSUER BECAME A REPORTING ISSUER IN ANY PROVINCE OR TERRITORY.

 

  • There are no guarantees of the future use or value of RMOB Tokens, which can be zero.
  • Although the Company shall endeavour to provide or offer you with the products or Services described in this Section, the Company shall not be bound to do so.
  • You cannot expect to make a profit from RMOB Tokens and shall have no expectation of profit from the future success of the Company’s business and/or the efforts of the Company or other persons. The Company’s value depends on your active involvement in using and promoting it.
  • RMOB Tokens are not shares of the Company. They do not represent ownership interests or grant ownership, control and voting rights in the Company, nor do they grant any rights to receive a share of the Company’s profit.
  • It is within the Company’s discretion to unilaterally make decisions on spending, investing and otherwise using the funds received during the TGE.
  • RMOB Tokens may be used for transactions and payments associated with cryptocurrencies.
  • The Company is not obliged to redeem RMOB Tokens in any case.
  • While the Company does not consider the sale of RMOB Tokens and the RMOB Tokens themselves to be securities, commodities, swaps on either securities or commodities or a financial instrument of any kind, legislation in certain jurisdictions may deem the RMOB Tokens to be securities and as a result the purchase of RMOB Tokens will only be completed if it is permitted by applicable law. Purchases and sales of RMOB Tokens may not be subject to the protections of any laws governing those types of financial instruments. This Agreement and all other documents referred to in this Agreement including the Whitepaper do not constitute a prospectus or offering document, and are not an offer to sell, nor the solicitation of an offer to buy an investment, a security, commodity, or a swap on either a security or commodity.
  • You should not purchase RMOB Tokens for investment purposes. Such tokens are not designed for investment purposes and should not be considered as a type of investment. You acknowledge, understand and agree that holding RMOB Tokens does not constitute a guarantee, representation or warranty that the holder will be able to use the Company, or receive any tokens utilised by the Company.
  • You acknowledge and agree that you are not purchasing RMOB Tokens for purposes of investment, speculation, as some type of arbitrage strategy, for immediate resale or other financial purposes.
  • You acknowledge that all purchases of RMOB Tokens are final and non-refundable, and the Company is not required to provide a refund for any reason and that you will not receive money or other compensation in lieu of a refund, and you consent to no right of withdrawal from the TGE.
  • If there are any regulations imposed that may affect RMOB Tokens’ rights and attributes, the terms and conditions of this Agreement and other terms regulating the usage of RMOB Tokens may be changed significantly by the Company to ensure compliance with such regulatory requirements.
  • You are resident outside of Canada and the United States, You:
  1. are knowledgeable of, or have been independently advised as to the applicable securities laws of the securities regulatory authorities (the “Authorities”) having application in the jurisdiction in which you are resident (the “International Jurisdiction”) which would apply to the acquisition of the RMOB Tokens;
  2. confirm that the purchase of the RMOB Tokens does not contravene any applicable securities laws of the Authorities in the International Jurisdiction and does not require the Company to make any filings or seek any approvals of any nature whatsoever from any Authority of any kind whatsoever in the International Jurisdiction in connection with the creation and sale or resale of the RMOB Tokens;
  • confirm that the purchase of the RMOB Tokens by You does not trigger: an obligation by the Company or any other person to prepare and file a registration statement, prospectus or similar document, or any other report with respect to such purchase in the International Jurisdiction; or continuous disclosure reporting obligations of the Company in the International Jurisdiction;
  1. will, if requested by the Company, comply with such other requirements as the Company may reasonably require; and
  2. acknowledge that no agency, stock exchange or governmental agency, securities commission or similar regulatory authority or other entity has reviewed or passed on or made any finding or determination as to the merits of or made any recommendation or endorsement with respect to the RMOB Tokens;
  • The funds representing the aggregate purchase price for RMOB Tokens which will be advanced to the Company under this Agreement and the Whitepaper will not represent proceeds of crime for the purpose of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) (the “PCMLTF Act”) or the United States Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (the “PATRIOT Act”).  You are aware that the Company may in the future be required by law to disclose Your name and other information relating to this Agreement, on a confidential basis, under the PCMLTF Act or the PATRIOT Act. To the best of Your knowledge, none of the subscription funds to be provided under this Agreement (i) have been or will be obtained or derived, directly or indirectly, from or related to any activity that is deemed criminal or illegal under the laws of Canada or the United States or any other jurisdiction, or (ii) are being tendered on behalf of a person who has not been identified to You. You will promptly notify the Company if You discover that any representation in this section ceases to be true, and will provide the Company with appropriate information in connection with that discovery.
  • Adjustments to RMOB Tokens: The Company may at any time without your consent: (1) transfer, assign, sell, or lease to any person, or change, modify, exchange, suspend, or discontinue the Platform, Accounts, Website, or RMOB Tokens in whole or in part; (2) assign this Agreement and any rights or obligations hereunder in respect of the Platform, Accounts, Website, RMOB Tokens, or otherwise in whole or in part to any person; (3) enter into any transaction in its sole discretion including, without limitation, any reorganization, consolidation, merger, sub-division, amalgamation, arrangement, reclassification, transfer, sale, lease, change, or exchange, whether or not involving the Platform, Accounts, Website, or RMOB Tokens; or (4) enter into any other transaction or event not specifically contemplated by this section as determined by the Company in its sole discretion (collectively, a “Reorganization”). If at any time there shall be a Reorganization, then there shall automatically be an adjustment, as applicable, in the RMOB Tokens so that the rights represented by the RMOB Tokens after the Reorganization shall be as reasonably as possible equivalent to the rights originally set out in this Agreement before the Reorganization and, in connection with any Reorganization, the Company may specify the manner in which the RMOB Tokens will be changed, exchanged, or otherwise dealt with, and the manner in which the obligations of the Company in respect of the RMOB Tokens will be assumed or otherwise dealt with, including by a corresponding change to the RMOB Tokens, an assumption of the obligations in respect of the RMOB Tokens by another person, the exchange of the RMOB Tokens into or for another token or other property or rights, a change in the number of RMOB Tokens which may be issued or which are outstanding, a change in the issue price for RMOB Tokens, or a change in the kind and aggregate number of tokens or other rights or property resulting from the Reorganization. In accordance with this Agreement, the Company will make adjustments as it considers necessary and equitable acting in good faith.  If at any time a dispute arises with respect to adjustments provided for herein, such dispute will be conclusively resolved as the board of directors may determine acting equitably and in good faith.

 

  1. Security and Data; Taxes
  • You will implement reasonable and appropriate measures designed to secure access to:
  • any device associated and utilised in connection with your purchase of RMOB Tokens;
  • private keys to your Wallet or Account; and
  • any other username, passwords or other login or identifying credentials.
  • In the event that you are no longer in possession of your private keys or any device associated with your Account, you may lose all of your RMOB Tokens and/or access to your Account.
  • The Company is under no obligation to recover any RMOB Tokens that have been lost, stolen or destroyed due to your failure or negligence in maintaining appropriate level of security in accordance with this sub-clause.
  • Upon the Company’s request, you will immediately provide to the Company, information and documents that the Company, in its sole discretion, deems necessary or appropriate to comply with any laws, regulations, rules or agreements, including without limitation, judicial process. Such documents include, but are not limited to, copies of a passport, driver’s licence, utility bills, photographs of associated individuals, government identification cards, or sworn statements. You consent to the Company disclosing such information and documents in order to comply with applicable laws, regulations, rules or agreements. You acknowledge that the Company may refuse to distribute RMOB Tokens to you until such requested information is provided.
  • You acknowledge, understand and agree that:
  • the purchase and receipt of RMOB Tokens may have tax implications for you;
  • you are solely responsible for your compliance with tax obligations; and
  • the Company bears no liability or responsibility with respect to any of your tax obligations.

 

  1. Risks
  • YOU ACKNOWLEDGE AND UNDERSTAND THE RISKS SET OUT IN THIS CLAUSE. YOU ALSO ACKNOWLEDGE AND UNDERSTAND THAT THE RMOB TOKENS HAVE NO VALUE. YOU MAY LOSE ALL AMOUNTS PAID. ACCORDINGLY, YOU HAVE CAREFULLY REVIEWED AND ACKNOWLEDGE, UNDERSTAND AND ASSUME THE RISKS SET OUT IN THIS CLAUSE, AS WELL AS OTHER RISKS ASSOCIATED WITH THE RMOB TOKENS (INCLUDING ALL THOSE WHICH ARE NOT SET OUT IN THIS AGREEMENT), ALL OF WHICH WOULD RENDER THE RMOB TOKENS WORTHLESS OR OF LITTLE VALUE.
  • RMOB Tokens do not represent or confer any ownership right or stake, share or security or equivalent rights, intellectual property rights or any other form of participation relating to the Company.
  • Waves Blockchain is prone to periodic congestion during which transactions can be delayed or lost. Individuals may also intentionally spam the Waves network in an attempt to gain an advantage in purchasing cryptographic tokens. You acknowledge and understand that Waves block producers may not include your transaction when you want and your transaction may not be included at all.
  • You acknowledge, understand and agree that RMOB Tokens may have no value, there is no guarantee or representation of liquidity for the RMOB Tokens; and that the Company is not and shall not be responsible or liable for the market value of RMOB Tokens, the transferability and/or liquidity of RMOB Tokens and/or the availability of any market for RMOB Tokens through third parties or otherwise.
  • As tokens, RMOB Tokens may be subject to expropriation and/or theft. Hackers or other malicious groups or organisations may attempt to interfere with the tokens in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing. Furthermore, because the Waves platform rests on open source software and tokens are based on open source software, there is the risk that smart contracts may contain intentional or unintentional bugs or weaknesses which may negatively affect the tokens or result in the loss of your tokens, the loss of your ability to access or control your tokens or the loss of RMOB Tokens in your Account. In the event of such a software bug or weakness, there may be no remedy and holders of tokens are not guaranteed any remedy, refund or compensation.
  • RMOB Tokens purchased by you may be held in your digital wallet or vault, which requires a private key, or a combination of private keys, for access. Accordingly, loss of requisite private key(s) associated with your digital wallet or vault will result in loss of such RMOB Tokens, access to your RMOB Tokens’ balance and/or any initial balances in blockchains created by third parties. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet or vault service you use, may be able to misappropriate your tokens. The Company is not responsible for any such losses.
  • The Company’s software and platform and all of the matters set forth in the White Paper are new and relatively untested and it might not function as intended, and any tokens associated with a blockchain adopting the software may not have the functionality that is desirable or valuable. Also, technology is changing rapidly, so the RMOB Tokens and any tokens transferable on the platform may become outdated.
  • The software relies in whole or partly, on third parties to adopt and implement it and to continue to develop, supply, and otherwise support it. There is no assurance or guarantee that such third parties will complete their work, properly carry out their obligations, or otherwise meet anyone’s needs, all of which might have a material adverse effect on the software and platform.
  • If you fail to map a public key to your Account, this may result in third parties being unable to recognise your token balance on the Waves blockchain when and if they configure the initial balances of a new blockchain based upon the software of which the Company makes no representation or guarantee.
  • The software is still under development and may undergo significant changes over time. Although the Company intends for the software to have the features and specifications set forth in the White Paper, the Company may make changes to such features and specifications for any number of reasons, any of which may imply that the platform does not meet your expectations.
  • The development of the software may be abandoned for a number of reasons, including, but not limited to, lack of interest from the public, lack of funding, lack of commercial success or prospects, or departure of key personnel.
  • The ongoing success of the Platform relies on the interest and participation of third parties.
  • The regulatory status of cryptographic tokens, digital assets and blockchain technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether governmental authorities will regulate such technologies. It is likewise difficult to predict how or whether any governmental authority may make changes to existing laws, regulations and/or rules that will affect cryptographic tokens, digital assets, blockchain technology and its applications. Such changes could negatively impact tokens in various ways, including, for example, through a determination that tokens are regulated financial instruments that require registration. The Company may cease the distribution of tokens, the development of the software or cease operations in a particular jurisdiction in the event that governmental actions make it unlawful or commercially undesirable to continue to do so.
  • FOR THE AVOIDANCE OF ANY DOUBT, RESIDENTS AND CITIZENS OF CANADA THAT DO NOT QUALIFY UNDER AN EXEMPTION, AS WELL AS ANY OTHER JURISDICTION THAT FORBIDS OR RESTRICTS THE PARTICIPATION IN TOKEN GENERATING EVENTS, ARE NOT PERMITTED TO PARTICIPATE IN THE RMOB TOKEN SALE. THE COMPANY WILL UNDERTAKE ITS BEST EFFORTS TO RESTRICT THE POSSIBILITY OF SUCH RESIDENTS AND CITIZENS FROM PARTICIPATING IN THE RMOB TOKEN SALE. ANY ATTEMPT TO CIRCUMVENT THIS AGREEMENT WILL RESULT IN RMOB TOKENS NOT BEING ISSUED, AND THE PAYMENT THEREOF BEING RETURNED TO YOU. THE COMPANY RESERVES THE RIGHT TO STILL CHARGE A PROCESSING FEE WHEN YOU ARE FOUND TO BE IN BREACH OF THIS AGREEMENT.
  • As noted above, the industry in which the Company operates is new, and may be subject to heightened oversight and scrutiny, including investigations or enforcement actions. There can be no assurance that governmental authorities will not examine the operations of the Company and/or pursue enforcement actions against the Company. Such governmental activities may or may not be the result of targeting the Company in particular. All of this may subject the Company to judgments, settlements, fines or penalties, or cause the Company to restructure its operations and activities or to cease offering certain products or services, all of which could harm the Company’s reputation or lead to higher operational costs, which may in turn have a material adverse effect on the RMOB Tokens and/or the development of the software.

 

  1. Liability and indemnification
  • To the fullest extent permitted by applicable law, you hereby waive and disclaim any right or cause of action against the Company in any jurisdiction that would give rise to any damages. The Company shall not be liable to you for any type of damages, even if and notwithstanding the extent that the Company has been advised of the possibility of such damages. You agree not to seek any refund, compensation or reimbursement from the Company, regardless of the reason and regardless of whether the reason is identified in this Agreement.
  • In no circumstances will the aggregate liability of the Company, whether in contract, warrant, tort or otherwise, for damages to you under this Agreement, exceed the amount received by the Company from you.
  • You understand and agree that the Company shall not be liable and you shall be responsible for all liability in connection with any force majeur event, including acts of God, labour disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, software or smart contract bugs or weaknesses, earthquakes, storms or other nature-related events, blockages, embargoes, riots, acts or orders of government, acts of terrorism or war, technological change, changes in interests rates or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol.
  • To the fullest extent permitted by applicable law, you release the Company from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between you and the acts of omissions of third parties.
  • To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless and reimburse the Company from and against any and all actions, proceedings, claims, damages, demands and actions (including without limitation fees and expenses of counsel), incurred by the Company arising from or relating to:
    • your purchase or use of RMOB Tokens ;
    • your responsibilities or obligations under this Agreement;
    • your breach of or violation of this Agreement;
    • any inaccuracy in any representation or warranty by you;
    • your violation of any rights of any other person or entity; and/or;
    • any act or omission committed by you, that is negligent, unlawful or constitutes wilful misconduct.
  • The Company reserves the right to exercise sole control over the defence, at your expense, of any claim subject to indemnification under this Section. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Company.

 

  1. Disclaimers and waivers
  • You expressly acknowledge, understand and agree that the purchasing and using of RMOB Tokens is done at your own sole risk and that RMOB Tokens are provided, used and acquired on an “AS IS” and on an “AS AVAILABLE” basis without representations, warranties, promises or guarantees whatsoever of any kind by the Company and you shall rely on its own examination and investigation thereof.
  • THE COMPANY DOES NOT MAKE AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY; AND WITH RESPECT TO THE DISTRIBUTION OF THE RMOB TOKENS, THE COMPANY SPECIFICALLY DOES NOT REPRESENT AND WARRANT AND EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR AS TO THE WORKMANSHIP OR TECHNICAL CODING THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT.

 

  1. Security
  • You are responsible for maintaining the confidentiality and security of your Account ID and password, and accept responsibility for all activities that occur under your Account or password. You must notify the Company immediately in the event that the security of your login or password has been breached or compromised.
  • You are also responsible for maintaining adequate security and control of any and all identification numbers, private keys, or any other codes that you use to access the Website and/or use of the RMOB Tokens.
  • You agree not to hold the Company liable for any loss arising out of, or in any way connected to, your failure to properly secure and keep private your Account information, email address, any password, private keys and any other identification numbers/codes used in connect0ion with participation in the TGE and usage of the RMOB Tokens.
  • The Company shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack.
  • The Company does not guarantee the confidentiality or privacy of any communication or information transmitted on the Website or any site linked to the Website. The Company will not be liable for the privacy or security of information, e-mail addresses, registration and identification information, disk space, communications, confidential or proprietary information, or any other content transmitted over networks accessed by the site, or otherwise connected with your use of the Website.

 

  1. Privacy policy
  • In order to participate in the TGE and use of RMOB Tokens, you understand and acknowledge that you must provide your personal information in order to be able to register and make use of our Website.
  • We integrate a third-party tool for the carrying out our KYC/AML checks on our contributors and early adopters. You acknowledge and agree that in collecting your personal information as stated in Section 13.1, the third-party provider will have access to your personal information and will protect your personal information and respect your privacy in accordance with best business practices and all applicable laws.
  • You permit the transfer of your personal information to the Company by the third-party provider, which may be done at the discretion of the Company. When gaining access to your personal information the Company will protect your personal information and respect your privacy in accordance with best business practices and all applicable laws.
  • Your personal information that you provide will be used to identify you as the token holder and to execute this Agreement.
  • You confirm that you have entered correct personal information about yourself in every required form and that going forward, when changing or adding any data on the Website, you will enter only correct data. You shall bear any losses that occur regarding the submission of invalid/incorrect data.
  • The Company may use your personal information for direct marketing purposes if you give your consent in the registration form. You can withdraw such consent at any time.
  • The Company may, at any time and in its own discretion, adopt a separate Privacy Policy and you must consent to that Privacy Policy. Our Privacy Policy sets out all the necessary information on how we collect and process your personal information through the use of our Website. You can read our Privacy Policy here.

 

  1. No other rights created
  • The Token Generation Event is not a loan to the Company and this does not provide you with any ownership or other interest in the Company.
  • The Company retains all rights to, titles and interests in, all of its intellectual property, including, without limitation, inventions, ideas, concepts, code, discoveries, processes, marks, methods, software, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyright or patents based thereon. You may not use any of the Company’s intellectual property for any reason without the Company’s prior written consent.

 

  1. Your representations and warranties
  • By purchasing the RMOB Tokens you covenant, represent and warrant to the Company that you have all the requisite power and authority to execute and deliver this Agreement, to use and purchase RMOB Tokens and to carry out and perform the obligations under this Agreement. Accordingly, if you are an individual, you shall represent and warrant that you are at least 18 years old and of sufficient legal age and capacity to purchase the RMOB Tokens. If you are a legal person, you are duly organised, validly existing and in good standing under the laws of your domiciliary jurisdiction, and every other jurisdiction where you conduct your business.
  • The execution, delivery and performance of this Agreement will not result in any violation of, be in conflict with, or constitute a material default under, with or without the passage of time or the giving of notice:
  • any provision of your organisational documents, if applicable;
  • any provision of any judgement, decree or order, by which you are bound of or by which any of your assets are subject to;
  • any material agreement, obligation, duty or commitment to which you are a party of and by which you are bound to; or
  • any laws, regulations or rules applicable to you.
  • The execution and delivery of, and performance under this Agreement requires no approval or other action from any governmental authority or person other than you.
  • You are legally permitted to participate in the TGE and you are legally permitted to receive and hold cryptocurrencies and tokens.
  • You have sufficient knowledge and experience in business and financial matters, including a sufficient understanding of blockchain or cryptographic tokens and other digital assets, smart contracts, storage mechanisms (such as digital or token wallets), blockchain based software systems and blockchain technology, to be able to evaluate the risks and merits of your token purchase and are able to bear the risks thereof, including loss of all the amounts paid, loss of tokens and liability towards the Company for its acts and omissions, including with limitation those constituting breach of this Agreement, negligence, fraud or wilful misconduct. You have obtained sufficient information in order to make an informed decision to purchase RMOB Tokens.
  • You attest that you are not a criminal, are not associated with any criminal activity, and that all funds that are used by you in connection with the TGE and RMOB Tokens purchase are free from any criminal association, are not the proceeds of crime, and are not derived from any criminal activity. You shall not use the RMOB Tokens to finance, engage in, or otherwise support any unlawful activities.
  • To the extent required by applicable law, you have to comply with all anti-money laundering and counter-terrorism financing requirements.
  • You hereby certify to us that any funds used by you in connection with participation in the TGE are either owned by you or that you are validly authorised to carry out transactions using such funds.

 

  1. Termination of agreement
    • The term of this Agreement is for a period of time when you successfully register for the Account until this Agreement is terminated for whatever reason. Account cancellation shall mean the Agreement termination.
    • At any time and for any reason in its sole discretion, the Company may terminate this Agreement, your access to the TGE and/or the Website, your Account and may halt any pending transactions and/or funds and/or tokens without giving notice to you. The Company shall have no liability or obligation for the termination of this Agreement.
    • In case of termination of this Agreement for any reason you will not be refunded with any amount of RMOB Tokens.

 

  1. Applicable law and Jurisdiction
    • This Agreement shall be governed in all respects, including as to validity, interpretation and effect, by the Laws of the Province of British Columbia and the federal laws of Canada applicable therein, 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.

 

  1. Miscellaneous provisions
    • You shall not assign this Agreement without the prior written consent of the Company. Any assignment or transfer in violation of this Section will be void. The Company may assign this Agreement to an affiliate. Subject to the foregoing, this Agreement, and the rights and obligations of the Parties, will be binding upon and inure to the benefit of their respective successors, assigns, heirs, executors, administrators and legal representatives.
    • This Agreement and the materials incorporated herein by reference, constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous agreements and understandings, both written and oral, between the Parties with respect to the subject matter hereof, including, without limitation, any public or other statements or presentations made by the Company about the RMOB Tokens, the Company software and platform and other blockchain tokens.
    • If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, inoperative or unenforceable for any reason, the provision shall be modified to make it valid and, to the extent possible, effectuate the original intent of the Parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the fullest extent possible.
    • The digital token market is still in its relative infancy and there is not yet a uniform marked understanding or agreement on the nature of digital tokens. Given that the legislative and regulatory framework for TGEs and cryptocurrencies in Malta is currently being discussed, the Company will endeavour to comply with any law or obtain any licence which may become applicable to its TGE and/or cryptocurrency-related activities at a future date.
    • The Company may change, amend, delete or add to this Agreement or any of the terms and conditions contained in any policies or rules governing the Website at any time and in its sole discretion. Any such modified terms will become effective upon the posting of the revised terms or such policies and rules to the Agreement. It is your responsibility to check the Website regularly for modifications to this Agreement. Your continued use of the RMOB Tokens, the Website and of any other service provided by the Company will constitute acceptance of such changes.