The following Terms and Conditions (“Terms“) govern your (“you” or the “Purchaser”) purchase of cryptographic tokens (“FLUXCOIN-A”) from AWKEE, an company registered in the Republic of Panama (the “Company”). Each of you and the Company is a “Party” and, together, the “Parties” to these Terms. This document is not a solicitation for investment and does not pertain in any way to an offering of securities in any jurisdiction. This document describes the FLUXCOIN-A token sale.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE FLUXCOIN-A FROM THE COMPANY. BY PURCHASING FLUXCOIN-A FROM THE COMPANY, YOU WILL BE BOUND BY THESE TERMS AND ANY TERMS INCORPORATED BY REFERENCE. IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS, PLEASE CONTACT THE COMPANY AT email@example.com.
By purchasing FLUXCOIN-A, and to the extent permitted by law, you are agreeing not to hold any of the the Company and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “AWKEE Team”) liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected, to the sale of FLUXCOIN-A, including losses associated with the terms set forth below.
DO NOT PURCHASE FLUXCOIN-A IF YOU ARE NOT AN EXPERT IN DEALING WITH CRYPTOGRAPHIC TOKENS AND BLOCKCHAIN-BASED SOFTWARE SYSTEMS. PRIOR TO PURCHASING FLUXCOIN-A, YOU SHOULD CAREFULLY CONSIDER THE TERMS LISTED BELOW AND, TO THE EXTENT NECESSARY, CONSULT AN APPROPRIATE LAWYER, ACCOUNTANT, OR TAX PROFESSIONAL. IF ANY OF THE FOLLOWING TERMS ARE UNACCEPTABLE TO YOU, YOU SHOULD NOT PURCHASE FLUXCOIN-A.
PURCHASES OF FLUXCOIN-A SHOULD BE UNDERTAKEN ONLY BY INDIVIDUALS, ENTITIES, OR COMPANIES THAT HAVE SIGNIFICANT EXPERIENCE WITH, AND UNDERSTANDING OF, THE USAGE AND INTRICACIES OF CRYPTOGRAPHIC TOKENS, INCLUDING ETHEREUM TOKENS, AND BLOCKCHAIN BASED SOFTWARE SYSTEMS. PURCHASERS SHOULD HAVE A FUNCTIONAL UNDERSTANDING OF STORAGE AND TRANSMISSION MECHANISMS ASSOCIATED WITH OTHER CRYPTOGRAPHIC TOKENS. WHILE THE COMPANY WILL BE AVAILABLE TO ASSIST PURCHASERS OF FLUXCOIN-A DURING THE SALE, THE COMPANY WILL NOT BE RESPONSIBLE IN ANY WAY FOR LOSS OF BTC, ETH OR FLUXCOIN-A RESULTING FROM ACTIONS TAKEN BY, OR OMITTED BY PURCHASERS. IF YOU DO NOT HAVE SUCH EXPERIENCE OR EXPERTISE, THEN YOU SHOULD NOT PURCHASE FLUXCOIN-A OR PARTICIPATE IN THE SALE OF FLUXCOIN-A. YOUR PARTICIPATION IN FLUXCOIN-A SALE IS DEEMED TO BE YOUR UNDERTAKING THAT YOU SATISFY THE REQUIREMENTS MENTIONED IN THIS PARAGRAPH.
PURCHASER AGREES TO BUY, AND COMPANY AGREES TO SELL, THE FLUXCOIN-A TOKENS IN ACCORDANCE WITH THE FOLLOWING TERMS:
- Conditions to FLUXCOIN-A token sale
YOU MAY NOT MAKE A ACQUIRE A FLUXCOIN-A TOKEN IF YOU ARE A CITIZEN, RESIDENT (TAX OR OTHERWISE) OR GREEN CARD HOLDER OF THE UNITED STATES OF AMERICA, OR A CITIZEN OR RESIDENT OF ANY UN EMBARGO COUNTRY.
When you purchase, or otherwise receive, a FLUXCOIN-A token, you may only do so by accepting the following conditions and, by doing so, you warrant and represent that the following are a true and accurate reflection of the basis on which you are acquiring the FLUXCOIN-A tokens:
- neither the Company nor any of the AWKEE Team has provided you with any advice regarding whether FLUXCOIN-A is a suitable investment for you;
- you have sufficient understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptographic tokens, such as Bitcoin and Ether, as well as blockchain-based software systems generally;
- you are legally permitted to receive and hold and make use of FLUXCOIN-A in your and any other relevant jurisdiction;
- you will supply us with all information, documentation or copy documentation that we require in order to allow us to accept your purchase of FLUXCOIN-A and allocate FLUXCOIN-A to you;
- you have not supplied us with information relating to your acquisition of FLUXCOIN-A or otherwise which is inaccurate or misleading;
- you will provide us with any additional information which may be reasonably required in order that we can fulfil our legal, regulatory and contractual obligations, including but not limited to any anti-money laundering obligation;
- you will notify us promptly of any change to the information supplied by you to us;
- you are of a sufficient age (if an individual) to legally obtain FLUXCOIN-A, and you are not aware of any other legal reason to prevent you from obtaining FLUXCOIN-A;
- you take sole responsibility for any restrictions and risks associated with receiving and holding FLUXCOIN-A, including but not limited to these set out in Annex A;
- by acquiring FLUXCOIN-A, you are not making a regulated investment, as this term may be interpreted by the regulator in your jurisdiction;
- you are not obtaining or using FLUXCOIN-A for any illegal purpose, and will not use FLUXCOIN-A for any illegal purpose;
- you waive any right you may have / obtain to participate in a class action lawsuit or a class wide arbitration against any entity or individual involved with the sale of FLUXCOIN-A;
- your acquisition of FLUXCOIN-A not involve your purchase or receipt of shares, ownership or any equivalent in any existing or future public or private company, corporation or other entity in any jurisdiction;
- to the extent permitted by law and provided we act in good faith, the Company makes no warranty whatsoever, either expressed or implied, regarding the future success of FLUXCOIN-A and/or the Ethereum Network;
- you accept that FLUXCOIN-A is created and you obtain FLUXCOIN-A on an “as is” and “under development” basis. Therefore, provided the Company acts in good faith, you accept that the Company is providing FLUXCOIN-A without being able to provide any warranties in relation to FLUXCOIN-A, including, but not limited to, title, merchantability or fitness for a particular purpose;
- you accept that you bear sole responsibility for determining if (i) the acquisition, the allocation, use or ownership of FLUXCOIN-A (ii) the potential appreciation or depreciation in the value of FLUXCOIN-A over time, if any, (iii) the sale and purchase of FLUXCOIN-A; and/or (iv) any other action or transaction related to FLUXCOIN-A has tax implications.
- Overview of FLUXCOIN-A sale
FLUXCOIN-A is required for proper operation and comprehensive utilization of AWKEE (as defined in the white paper (the “White Paper”) provided at https://awkee.com (the “Website”) as of the date the Purchaser acquires FLUXCOIN-A token). After the FLUXCOIN-A sale, each FLUXCOIN-A is backed by the purchase of the underlying assets, as described in the White Paper. To the extent they do not contradict these Terms, the rights connected to FLUXCOIN-A are subject to the limitations set out in the White Paper, but this should in no case create obligations for the Company in addition to the ones contained in these Terms. The Company reserves the right to circumvent the algorithm used to select the underlying assets if it believes, in its sole discretion, that such selected underlying assets could adversely affect the Company or FLUXCOIN-A from a regulatory or legal perspective. The Company shall have the right to sell any such underlying assets (if already part of FLUXCOIN-A portfolio) and block their acquisition.
The maximum total amount of FLUXCOIN-As to be issued is 1.000.000 (roughly equivalent to US$5,000,000). FLUXCOIN-As are generated as Purchasers buy them and the total supply of FLUXCOIN-As will be fixed after the end of the FLUXCOIN-A sale. No more FLUXCOIN-As will be issued after the end of the FLUXCOIN-A sale, as described in the preceding paragraph. Ownership of FLUXCOIN-A during the FLUXCOIN-A token sale carries no rights express or implied. Purchases of FLUXCOIN-A are non-refundable.
The anticipated distribution of the FLUXCOIN-A tokens is as follows:
- 7.5% AWKEE Team (as defined below);
- 0.5% FLUXCOIN-A tokens sale advisory team;
- 2.5% marketing and investor relations;
- 1.0% legal advisors;
- 1.0% security developers – systems and smart contract;
- 0.5% bounty program; and
- 87% Token Sale Participants;
- FLUXCOIN-A Price
Purchasers in the token sale will be allocated their FLUXCOIN-A tokens in exchange for ETH at the following rate:
- the first 200,000 FLUXCOIN-A tokens: US$ 0.45 per FLUXCOIN-A token;
- after the first 200,000 and until expiration of 15 days since the start of FLUXCOIN-A token sale: US$ 0.55 per FLUXCOIN-A token;
- after the sale of 400,000 FLUXCOIN-A token: US$ 1.00 per FLUXCOIN-A token; and
The US Dollars to ETH exchange rate is used to dynamically set the ETH to FLUXCOIN-A rate. As a result, for the duration of the FLUXCOIN-A sale, the price to purchase a FLUXCOIN-A will be set as an amount in ETH.
Purchaser must have an Ethereum wallet that supports the ERC-20 token standard in order to receive any FLUXCOIN-A purchased from the Company.
- Timing of FLUXCOIN-A Token Sale
The FLUXCOIN-A sale begins on the 1st of January 2022 – The FLUXCOIN-A private sale will run for 15 calendar days and will end when the FLUXCOIN-A sale cap is reached. The Company reserves the right to change the sale dates or extend the sale duration for any reason, including the unavailability of the Website or other unforeseen security or procedural issues.
The general public will be able to see the total number of FLUXCOIN-A tokens currently sold, as well as the distribution of all FLUXCOIN-A tokens between the participating Ethereum accounts. In the spirit of openness, the Company will constantly update on the Website the number of tokens sold as well as the share of FLUXCOIN-A tokens allocated to the shareholders of Company. Furthermore, the Ethereum accounts used to store ETH during the FLUXCOIN-A sale duration will publically available and their balances will also be made available on the Website.
- After the FLUXCOIN-A Token Sale
The Purchasers should have no expectation of influence over governance of the Company.
Upon the conclusion of a successful FLUXCOIN-A sale, the digital assets backing each FLUXCOIN-A token will be transparently purchased.
The Company will provide you with an official and regular audit conducted on the existence of the digital assets backing each FLUXCOIN-A token. Through this audit, you can track and confirm that the digital assets backing your FLUXCOIN-A have been received and acquired. Access to the audit results does not constitute a FLUXCOIN-A purchase receipt or indicate in any way that the party possessing such access has rights to or ownership of the purchased FLUXCOIN-A tokens.
Prior to a Purchaser selling FLUXCOIN-A after the FLUXCOIN-A token sale completion, such Purchaser shall ensure that the buyer of any such FLUXCOIN-A undertakes to comply with all the provisions of these Terms as if such person were a Purchaser in the FLUXCOIN-A token sale.
- The Company Will Not Purchase FLUXCOIN-A During the FLUXCOIN-A Sale
The Company warrants that neither it nor its shareholders will purchase FLUXCOIN-A during the FLUXCOIN-A sale. Furthermore, the Company warrants that neither it nor its shareholders will purchase FLUXCOIN-A from any third party during the period of the FLUXCOIN-A sale.
- All purchases of FLUXCOIN-A are final
ALL PURCHASES OF FLUXCOIN-A ARE FINAL. PURCHASES OF FLUXCOIN-A ARE NON-REFUNDABLE. BY PURCHASING FLUXCOIN-A, THE PURCHASER ACKNOWLEDGES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, DIRECTORS OR SHAREHODELRS ARE REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
IF THE COMPANY BELIEVES, IN ITS SOLE DISCRETION, THAT ANY INDIVIDUALS OR ENTITIES OWNING FLUXCOIN-A CREATES MATERIAL REGULATORY OR OTHER LEGAL RISKS OR ADVERSE EFFECTS FOR THE COMPANY AND/OR FLUXCOIN-A, THE COMPANY RESERVES THE RIGHT TO: (A) BUY ALL FLUXCOIN-A FROM SUCH FLUXCOIN-A OWNERS AT THE THEN-EXISTING MARKET PRICE AND/OR (B) SELL ALL CRYPTOCURRENCY ASSETS OF THE COMPANY.
- Taxation of FLUXCOIN-A and Taxation Related to the Token Sale
The Purchaser bears the sole responsibility to determine if the purchase of FLUXCOIN-A with BTC, LTC, ETH or the potential appreciation or depreciation in the value of FLUXCOIN-A over time has tax implications for the Purchaser in the Purchaser’s home jurisdiction. By purchasing FLUXCOIN-A, and to the extent permitted by law, the Purchaser agrees not to hold any of the Company, its affiliates, shareholders, director, or advisors liable for any tax liability associated with or arising from the purchase of FLUXCOIN-A.
- Force Majeure
The AWKEE Team is not liable for failure to perform solely caused by:
- unavoidable casualty,
- delays in delivery of materials,
- government orders,
- acts of civil or military authorities,
- acts by common carriers,
- emergency conditions (including weather conditions),
- security issues arising from the technology used,
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.
- Disclaimer of Warranties
THE PURCHASER EXPRESSLY AGREES THAT THE PURCHASER IS PURCHASING FLUXCOIN-A AT THE PURCHASER’S SOLE RISK AND THAT FLUXCOIN-A IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NONE OF THE AWKEE TEAM WARRANTS THAT THE PROCESS FOR PURCHASING FLUXCOIN-A WILL BE UNINTERRUPTED OR ERROR-FREE.
- Limitations Waiver of Liability
THE PURCHASER ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO (i) USE OF, OR INABILITY TO USE, FLUXCOIN-A OR (ii) THE AWKEE TEAM UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY KIND IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT NONE OF THE AWKEE TEAM SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, OR PURCHASE OF, OR INABILITY TO PURCHASE, FLUXCOIN-A, OR ARISING OUT OF ANY INTERACTION WITH THE SMART CONTRACT IMPLEMENTED IN RELATION TO FLUXCOIN-A. THE PURCHASER FURTHER SPECIFICALLY ACKNOWLEDGES THAT THE AWKEE TEAM IS NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER PURCHASERS OF FLUXCOIN-A, AND THAT THE RISK OF PURCHASING AND USING FLUXCOIN-A RESTS ENTIRELY WITH THE PURCHASER. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL ANY OF THE AWKEE TEAM BE LIABLE TO ANY PURCHASER FOR MORE THAN THE AMOUNT THE PURCHASER HAVE PAID TO THE COMPANY FOR THE PURCHASE OF FLUXCOIN-A. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION AND ELSEWHERE IN THE TERMS MAY NOT APPLY TO A PURCHASER. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY PURCHASER OR EXCLUDE INJURY ARISING FROM ANY WILFUL MISCONDUCT OR FRAUD OF THE AWKEE TEAM.
- Complete Agreement
These Terms set forth the entire understanding between the Purchaser and the Company with respect to the purchase and sale of FLUXCOIN-A. For facts relating to the sale and purchase, the Purchaser agrees to rely only on the Terms in determining purchase decisions and understands that the Terms govern the sale of FLUXCOIN-A and supersede any public statements about the FLUXCOIN-A token sale made by third parties or by the AWKEE Team or individuals associated with any of the AWKEE Team, past and present and during the FLUXCOIN-A token sale.
The Purchaser and the Company agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
- 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 or relinquishment of the Company’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by 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 AWKEE Team shall be deemed a modification of these Terms nor be legally binding.
- Updates to the Terms
The Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time during the sale by posting the amended Terms on the Website. Any Purchaser will be deemed to have accepted such changes by purchasing FLUXCOIN-A. The Terms may not be otherwise amended except by express consent of both the Purchaser and the Company.
- Cooperation with Legal Authorities
The Company will cooperate with all law enforcement enquiries, subpoenas, or requests provided they are fully supported and documented by the law in the relevant jurisdictions.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the AWKEE Team from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your purchase or use of FLUXCOIN-A; (ii) your responsibilities or obligations under these Terms; (iii) your violation of these Terms; or (iv) your violation of any rights of any other person or entity.
The Company reserves the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this Section 18. 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.
You are responsible for implementing reasonable measures for securing the wallet, vault or other storage mechanism you use to receive and hold FLUXCOIN-A purchased from the Company, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If your private key(s) or other access credentials are lost, you may lose access to your Tokens. The Company is not responsible for any losses, costs or expenses relating to lost access credentials.
Currently, only English versions of any AWKEE’s communications is considered official. The English version shall prevail in case of differences in translation.
- Governing Law
The Terms, the arbitration clause contained in them, and all non-contractual obligations arising in any way whatsoever out of or in connection with these Terms are governed by, construed, and take effect in accordance with English law.
Any dispute or difference arising out of or in connection with these Terms or the legal relationships established by these Terms, including any question regarding its existence, validity or termination (“Dispute”), shall be referred to and finally resolved by arbitration under the LCIA Rules which will be deemed to be incorporated by reference into this clause, save for any waiver of any rights the parties would otherwise have to any form of appeal or recourse to a court of law or other judicial authority, which rights are expressly reserved. The number of arbitrators shall be three. The seat of the arbitration shall be Panama City. The language of the arbitration shall be Spanish.
A dispute arising out of or related to these Terms is personal to you and the Company and will be resolved solely through individual arbitration 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 attempts 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.
By purchasing, owning, and using FLUXCOIN-A, you expressly acknowledge and assume the following risks:
- Risk of Losing Access to FLUXCOIN-A Due to Loss of Private Key(s), Custodial Error or Purchaser Error
A private key, or a combination of private keys, is necessary to control and dispose of FLUXCOIN-A stored in your digital wallet or vault. Accordingly, loss of requisite private key(s) associated with your digital wallet or vault storing FLUXCOIN-A will result in loss of such FLUXCOIN-A. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service you use, may be able to misappropriate your FLUXCOIN-A. Any errors or malfunctions caused by or otherwise related to the digital wallet or vault you choose to receive and store FLUXCOIN-A in, including your own failure to properly maintain or use such digital wallet or vault, may also result in the loss of your FLUXCOIN-A. Additionally, your failure to follow precisely the procedures set forth in for buying and receiving Tokens, including, for instance, if you provide the wrong address for the receiving FLUXCOIN-A, or provides an address that is not ERC-20 compatible, may result in the loss of your Tokens.
- Risks Associated with the Ethereum Protocol
Because FLUXCOIN-A and the AWKEE platform are based on the Ethereum protocol, any malfunction, breakdown or abandonment of the Ethereum protocol may have a material adverse effect on the platform or FLUXCOIN-A. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to the FLUXCOIN-A and the platform, including the utility of the FLUXCOIN-A for obtaining services, by rendering ineffective the cryptographic consensus mechanism that underpins the Ethereum protocol.
- Risk of Mining Attacks
As with other decentralized cryptographic tokens based on the Ethereum protocol, FLUXCOIN-A are susceptible to attacks by miners in the course of validating FLUXCOIN-A transactions on the Ethereum blockchain, including, but not limited, to double-spend attacks, majority mining power attacks, and selfish-mining attacks. Any successful attacks present a risk to the platform and FLUXCOIN-A, including, but not limited to, accurate execution and recording of transactions involving FLUXCOIN-A.
- Risk of Hacking and Security Weaknesses
Hackers or other malicious groups or organizations may attempt to interfere with the platform or FLUXCOIN-A 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 platform is based on open-source software, there is a risk that a third party or a member of the Company team may intentionally or unintentionally introduce weaknesses into the core infrastructure of the platform, which could negatively affect the platform and FLUXCOIN-A, including the utility of FLUXCOIN-A for obtaining services.
- Risks Associated with Markets for FLUXCOIN-A
If secondary trading of Tokens is facilitated by third party exchanges, such exchanges may be relatively new and subject to little or no regulatory oversight, making them more susceptible to fraud or manipulation. Furthermore, to the extent that third-parties do ascribe an external exchange value to FLUXCOIN-A (e.g., as denominated in a digital or fiat currency), such value may be extremely volatile.
- Risk of Uninsured Losses
Unlike bank accounts or accounts at some other financial institutions, FLUXCOIN-A are uninsured unless you specifically obtain private insurance to insure them. Thus, in the event of loss or loss of utility value, there is no public insurer or private insurance arranged by Company, to offer recourse to you.
- Risks Associated with Uncertain Regulations and Enforcement Actions
The regulatory status of FLUXCOIN-A and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to such technology and its applications, including the AWKEE platform and FLUXCOIN-A. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications, including the platform and FLUXCOIN-A. Regulatory actions could negatively impact the platform and FLUXCOIN-A in various ways, including, for purposes of illustration only, through a determination that the purchase, sale and delivery of FLUXCOIN-A constitutes unlawful activity or that FLUXCOIN-A are a regulated instrument that require registration or licensing of those instruments or some or all of the parties involved in the purchase, sale and delivery thereof. The Company may cease operations in a jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction.
- Risks Arising from Taxation
The tax characterization of FLUXCOIN-A is uncertain. You must seek your own tax advice in connection with purchasing FLUXCOIN-A, which may result in adverse tax consequences to you, including withholding taxes, income taxes and tax reporting requirements.
- Risk of Competing platforms
It is possible that alternative platforms could be established that utilize the same open source code and protocol underlying the platform and attempt to facilitate services that are materially similar to the AWKEE services.
- Risks Arising from Lack of Governance Rights
Because FLUXCOIN-A confer no governance rights of any kind with respect to the AWKEE platform or the Company, all decisions involving the Company’s products or services within the platform or the Company itself will be made by the Company at its sole discretion. These decisions could adversely affect the platform and the utility of any FLUXCOIN-A you own, including their utility for obtaining services.
- Unanticipated Risks
Cryptographic tokens such as FLUXCOIN-A are a new and untested technology. In addition to the risks included in this Annex A of these Terms, there are other risks associated with your purchase, possession and use of FLUXCOIN-A, including unanticipated risks. Such risks may further materialize as unanticipated variations or combinations of the risks discussed in this Annex A of these Terms.
For further information regarding the FLUXCOIN-A sale, please contact firstname.lastname@example.org.
AWKEE, an company registered under the laws of the Republic of Panama, (”We”) are committed to protecting and respecting your privacy.
INFORMATION WE COLLECT FROM YOU
We will collect and process the following data about you:
- Information you give us. This is information about you that you give us by filling in forms on the Website (https://awkee.com) or by corresponding with us by phone, e-mail or otherwise. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph
- Information we collect about you. With regard to each of your visits to our site we will automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
- Information we receive from other sources. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) who may provide us information about you.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
- Information you give to us. We will use this information:
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- to comply with applicable laws and legislation;
- to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
- to notify you about changes to our service;
- to ensure that content from our site is presented in the most effective manner for you and for your computer.
- Information we collect about you. We will use this information:
- to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to comply with applicable laws and legislation;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep our site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
- Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
DISCLOSURE OF YOUR INFORMATION
You agree that we have the right to share your personal information with:
- Any member of our group, which means respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (“Awkee Team”).
- Selected third parties including business partners, suppliers, and sub-contractors for the performance of any contract we enter into with them or you;
We will disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
- If Awkee or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have the right to ask us not to process your personal data for marketing purposes. You can also exercise the right at any time by contacting us at email@example.com.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.