General Terms and Conditions for the Purchase of EvoDrinks Tokens
These Terms and Conditions apply to the sale of the EvoDrinks Token.
These General Terms and Conditions are agreed between Evo Drinks GmbH, a European company (hereinafter "EVX") with its registered office at Gewerbepark 5, 49214 Bad Rothenfelde, Germany, and any legal entity or natural person that meets the requirements set out in these General Terms and Conditions (hereinafter "GTC") and has agreed to these General Terms and Conditions.
Only these GTC ́s shall be binding for the entire sale. Other GTC ́s which deviate from this, in particular those of the contractual partner, shall not become part of the contract.
- Scope of application and priority of the GTCs:
- In the event of any inconsistency between these Terms and Conditions including the Risk Notice (see Appendix A) and the White Paper, these Terms and Conditions including the Risk Notice (see Appendix A) shall prevail.
- These General Terms and Conditions exclusively govern the contractual relationship between the Company and the Participant and therefore do not confer any rights or claims on any third party, even with third party protective effect.
- Price of the token and life cycle of the token
- Pricing based on supply and demand of the tokens will not take place until the start of public trading of the EVX with the start of trading on Matrixchange.eu.
- Das Unternehmen führt den Verkauf der Token im Rahmen wie folgt durch:
Sales start on 25 February 2021
- Technical requirements for participation
- In order to be able to purchase the EVX token, each participant first needs a wallet, which they can open via the Evo Drinks website.
- Participation Requirements
- The Participant affirms that he/she has reached at least 18 years of age and is legally competent to effectively conclude the purchase of the Tokens and to use 4.1. the services within the EvoDrinks network. If legal provisions make the use of goods or services in the EVX network subject to reaching a higher age limit, the Participant undertakes not to purchase Tokens and use such offers until he/she reaches this age limit.
- If the Participant is acting on behalf of another legal entity, the Participant hereby represents and warrants that it is authorised to enter into the Agreement on behalf of such legal entity and that such entity is responsible, in addition to the Participant, for any breach of these Terms and Conditions.
- Purpose of the EvoDrinks Token
- The purpose of the EVX Token is to participate in the success of the Evo Active and Evo Pure brands and to promote the development of new products.
- Furthermore, the User has the option to purchase and pay for Evo Drinks' products in EVX Tokens at a certain percentage rate and thereby receive preferential conditions.
- Cancellation, withdrawal from the purchase contract/suspension of the sale
- Purchases of tokens are final in the sense that no refund or cancellation of purchases can take place unless required by mandatory legal provisions or these general terms and conditions expressly provide for it.
- The Company reserves the right to reject or cancel any token purchase request at any time at its sole discretion and to limit the amount.
- Furthermore, the company may suspend the sale of tokens at its own discretion. Reasons may include, in particular, suspicion of systematic fraud in the purchase of tokens or excessive utilisation of the IT systems of the company or the external service provider commissioned by it.
- Responsibility for the security of the wallet and the storage medium
- The Participant is responsible for implementing reasonable measures to secure its wallet, vault or other storage mechanism used to receive and hold the purchased Tokens. This includes the private keys or other credentials used to access the storage medium from the time of introduction to public trading. In case of loss of the private key or other access data, there is the possibility of no longer having access to the purchased token. The Participant is therefore responsible for any losses, costs or other expenses incurred in connection with the lost access data.
- Provision of information
- The Company may, at its discretion, require the Participant to provide necessary information to comply with or not violate any applicable laws or regulations in connection with the sale of the Tokens. By purchasing the Token, the Participant agrees to promptly provide the information requested by the Company upon request. The Company is entitled to withhold or stop the sale of Tokens until the Participant has provided the requested information and it has been ensured that the sale of the Token does not violate any applicable laws or regulations.
- Guarantees and Warranties of the Participant
- The Participant has read and understood these General Terms and Conditions including the Risk Notice in Appendix A as well as the White Paper and the Legal Notice.
- The participant confirms that he/she has read and understood the information on the right of withdrawal in accordance with section 20 of these GTCs.
- The Participant confirms that it has a sufficient understanding of the technical, financial and business matters relating to the acquisition and use of Tokens including cryptographic tokens, storage mechanisms (such as token wallets and blockchain technologies) to understand these Terms and Conditions and the associated risks to it and their implications.
- The Participant agrees and acknowledges that the EVX token does not constitute a security or any other form of investment product in any respect and that this token is intended to function as a currency and means of payment within the Evo Drinks network ecosystem but has no other added value.
- By purchasing these Tokens, the Participant represents and warrants that it will comply with all applicable tax obligations in its country arising from such purchase and use.
- Participant represents that he/she is not a citizen or permanent resident of the following countries: Democratic People's Republic of Korea, Ethiopia, Iran, Iraq, Sri Lanka, Syria, Trinidad and Tobago, Tunisia, Vanuatu and Yemen, and also the People's Republic of China, Singapore and Cuba.
- Participant represents that it is not a U.S. citizen or permanent resident of the United States or a primary or secondary resident of the United States including Puerto Rico, the U.S. Virgin Islands and other territories that are part of the territory of the United States or, if so, provides evidence of Accredited Investor status in the KYC Process.
- The Participant warrants that he/she is also not acting as an owner or authorised representative or as an agent for a company or business which has its permanent place of business in the countries referred to in Clauses 9.6 and 9.7 of the GTCs.
- The Participant represents that it is not subject to the regulations of an epolitically exposed person. As part of the KYC process, epolitically exposed persons are excluded from selling Tokens.
- The Participant represents that it is not a citizen or resident of any jurisdiction in which the acquisition of these Tokens or related services or the use of the services or the acceptance and delivery of these Tokens is prohibited by law, decree, regulation, contract or administrative act. Furthermore, the Participant represents that he/she is also not acting on behalf of any other legal entity (for example, managing director or authorised officer) for which the acquisition of these Tokens or the related services or the use of the services or the acceptance or delivery of these Tokens is prohibited by law, decree, regulation, contract or administrative act.
- The Participant agrees that the Tokens will not be resold to purchasers in the United States unless such further sale is registered with the US Securities and Exchange Commission (SEC) or an applicable exemption applies.
- The Participant confirms that the information provided to the Company is true, accurate and complete.
- The Participant warrants that, where it has acquired the Token on behalf of another legal entity, it has been duly authorised by that legal entity to act on its behalf and it is duly constituted in accordance with the applicable laws of the jurisdiction of its organisation.
- The Participant confirms that it will not use the Token for the purpose of money laundering or terrorist support.
- The Participant confirms that it is aware that the repurchase or re-exchange of the Tokens for the Initial Currency is excluded.
With the purchase of the tokens, the participant simultaneously declares and guarantees the following:
- It is the participant's responsibility to determine for himself whether and which taxes are due on his acquisition of tokens, be it sales, use or value added taxes. In this respect, the participant undertakes to report and remit the correct taxes to the tax authorities.
- The purchase price for the Token is a net amount and does not include any other taxes. The Company is not responsible for reporting or withholding any taxes arising from the sale of the Token. If the withholding of taxes is required by law in any country, such taxes will be additional to the purchase of the Token and will be reported as statutory taxes next to the net sale price of the Tokens. The Company assumes no responsibility for the incurrence of additional taxes.
- knowledge and acceptance of the Legal Notices and Risks as set out in Appendix A.
- The Participant declares that it has read and understood the Legal Notices as set out in Schedule A and expressly acknowledges that it accepts the risks associated with the purchase, possession and use of the Tokens as described and explained in Schedule A. The Participant agrees to accept the risks associated with the purchase, possession and use of the Tokens. By purchasing the Tokens, the Participant expressly acknowledges and assumes these risks.
- Limitation of Liability
- The Company operates its service carefully and reliably. Nevertheless, interruptions or losses may occur in the course of the Company's service provision as a result of unavoidable events for which the Company is not responsible or as a result of operationally necessary maintenance work. The Company shall endeavour to remedy any malfunctions or interruptions as quickly as possible.
- The company is only obliged to pay damages in the event of intent or gross negligence. Liability for slight negligence is excluded, with the exception of personal injury.
- The company shall not be liable for indirect or consequential damage, e.g. to software or hardware of the participant or a third party, or for lost profits or financial losses resulting therefrom, or for damage arising from claims of third parties against the participant. In particular, the company shall not be liable for damages that are due to unavoidable interruptions of operations or that are necessary for the performance of work that is essential for operations or for the avoidance of disruptions of operations or that are due to events for which the company is not responsible, such as, in particular, network disruptions, computer failures or criminal activities by third parties.
- The company assumes no liability for data losses of the participants for which the company is not at fault, e.g. due to hacker attacks. The participant will be informed immediately of the occurrence of a data loss.
- The Company accepts no liability for the Tokens stored in the Wallet for the Participant or the Participants' data stored there or for transactions between the Participants' Wallets.
- The limitations and exclusions of liability set out in sections 12.1.-12.5. of these GTCs shall also apply to consumers, unless these contradict mandatory statutory provisions.
- No recommendation or offer of securities
- The Whitepaper with the Legal Notices as well as these T&Cs together with Appendix A do not constitute a recommendation to sell or an invitation to purchase Tokens by the Company. There is also no obligation to enter into a contract for the purchase of these tokens.
- In particular, the Legal Notice White Paper does not constitute a prospectus or offering document of any kind and should not be construed as an offer of securities or any other form of investment product.
- No class or representative arbitrations
- All disputes arising from this contractual relationship, which result from the individual contractual relationship between the respective participant and the company, can also only be asserted in court by the participant himself. This means that class actions or other representative proceedings with which an individual person can bring about a court decision as a representative of a group, association or other persons are ruled out.
- Applicable law and place of jurisdiction
- GTCs shall - as far as legally permissible - be governed exclusively by the laws of Estonia. This applies to all legal disputes arising from this contractual relationship, including those concerning its existence or non-existence.
- place of jurisdiction for all disputes arising from this contractual relationship - in sofar as legally permissible - shall be Talin.
- Amendment of the General Terms and Conditions
- The Company is entitled to change, modify or replace these GTCs, including the risk notices of Annex A, by other regulations without requiring the consent of the other contracting party.
- Conditions of the purchase contract/registration under the Money Laundering Act
- conclusion of the purchase contract presupposes that the Participant has agreed to these GTCs and has fully registered with the Company and does not belong to the group of persons described in clauses 9.6. to 9.11. of these GTCs and meets the requirements of clause 4.1. of these GTCs.
- In accordance with the Money Laundering Act and Art. 8 of the 3rd EU Money Laundering Directive, the company is obliged to obtain information about the participant. The participant must provide the data collected by the company completely and truthfully in accordance with the requirements of the Money Laundering Act upon conclusion of the contract as part of the Know Your Customers procedure. For the purpose of identification, the company shall collect the full name, date of birth, place of birth, full address and nationality of natural persons in particular and may inspect a valid official photo ID as proof of the information provided. In the case of legal persons, in particular the company name, legal form, registration number as well as the address of the registered office and the name of the legal representative shall be provided. The verification of this information can be carried out on the basis of extracts from the commercial or cooperative register or comparable official registers or directories. Should further information obligations arise from the Money Laundering Act, the participant shall be obliged to do so. These aforementioned duties to provide information shall also apply with regard to the beneficial owner within the scope of the identification pursuant to the Money Laundering Act.
- If it should transpire that the Participant does not fulfil his or her obligations to cooperate in order to be properly identified in accordance with Clause 4.2 of these GTCs or if it transpires during the registration procedure that the Participant does not fulfil the personal participation requirements of Clause 4.1 of these GTCs or belongs to the group of persons specified in Clauses 9.8-9.11 of these GTCs, no contract shall be concluded. In this case, the Company will refund the purchase price to the Participant, provided that the Participant has already purchased corresponding Tokens. All transaction fees in connection with this refund shall be borne by the Participant.
- Severability clause
- Should individual provisions of these GTCs be inadmissible, invalid or unenforceable, this shall not affect the validity of the remaining clauses of these GTCs. In the event that a provision is missing, this gap will be replaced by a valid provision that comes closest to the will of both parties.
- Cancellation policy
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of the conclusion of the contract.
In order to exercise your right of withdrawal, you must notify us (Evo Drinks GmbH, Gewerbepark 5, 49214 Bad Rothenfelde, Germany), or send an e-mail to the exclusive sales representative of Evo Drinks GmbH.
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by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation:
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us) without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.