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READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES DESCRIBED HEREIN OR BEFORE PARTICIPATION IN THE PEBEX STO.
BY UTILIZING THE WEBSITE LOCATED AT HTTPS://PEBEX.IO
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM.
BY PARTICIPATING IN THE PEBEX STO, YOU ACKNOWLEDGE, ACCEPT AND AGREE TO THE TERMS PRESENTED IN THIS DOCUMENT OR ANY SUCH FUTRUE AMENDEMENTS THEREOF.
The following terms shall have for the purposes of these general terms and conditions the following meanings.
United Capital Investments ‘UCI’ / authorized entities”
– UCI is the company issuing PEBEX Coin and authorized third parties collectively referred to as ‘’The Parties”
- The method and process of raising capital for the ongoing development and growth of UCI.
- The PEBEX sale website.
- The cryptocurrency coin created by UCI.
- the document describing the business activities of UCI.
- a distributed cryptography-powered database that maintains a list of records, chained together against revision and tampering.
- damages, claims, applications, loss, injuries, delays, accidents, costs, business interruption, expenses (including, without limitation, counsel’s or legal fees or the costs of any claim or suit), any incidental, direct, indirect, general, special, punitive, exemplary, special or consequential damages, any loss of goodwill, profits or revenue or any other economic loss, any loss of cryptocurrency or digital assets, any work stoppage, data loss, computer failure or malfunction, or any other commercial or other loss.
- anyone who uses the Website.
- Anyone who has been registered to purchase PEBEX.
- A participant’s account, which is used to purchase PEBEX.
2. GENERAL INFORMATION
These Terms are a legally binding Agreement between the User or Participant and UCI / authorized entities.
These Terms define mutual rights and obligations including but not limited to web site visitors and participants purchasing PEBEX.
UCI / authorized entities reserve the right, at their discretion and without giving prior notice, to:
1. amend, modify, add or remove information, content and / or features to / from the PEBEX sale website. You shall be deemed to have accepted and agreed to any such change if you access or use the Website after the change is published on the Website;
2. block or restrict access to, or terminate, withdraw or suspend use of the Website or any part of the Website. UCI / authorized entities will be not be held liable for any loss which may be incurred as a result of such action.
By using this Website and participating in the PEBEX STO sale, you covenant, represent, and warrant that:
1. you are of an age of majority to enter into this agreement, meet all other eligibility requirements, and are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth herein and to abide by and comply herewith.
2. you are aware of and accept the potential benefits, risks and any restrictions associated with the purchasing, holding and / or selling of the PEBEX crypto currency and that you are solely responsible for any such actions and do so at your own risk / potential benefit.
3. you have sufficient understanding and knowledge of the crypto currency market to engage as a participant.
4. you are not participating using funds from illegal gains.
5. you are not participating for illegal purposes;
6. You are not restricted and / or prevented from participating by any governing rules, regulations or laws currently applied in your jurisdiction.
UCI / authorized entities reserve the right to conduct a “KYC” process and any other appropriate customer due diligence at any time including after the close of the STO. If UCI / authorized entities discover your purchase of tokens is violating this Agreement or any anti-money laundering, counter-terrorism financing or other regulatory requirements, your purchase of PEBEX shall be deemed invalid with retroactive effect and UCI / authorized entities shall be entitled to immediately terminate this Agreement with you, deny you access to the PEBEX WALLET, refuse delivery of PEBEX, irrespective of any payment that you could have made.
In case of any disputable situation, the English version of the Website, terms and conditions document or any other document relating or pertaining to the sale of PEBEX has higher priority, than versions in other languages.
Any Dispute is personal to the Participant and the Parties 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 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.
There are no guarantees that the UCI Portfolio of services will be delivered within any or specific timeframe.
3. TOKEN SALE
The STO sale will not involve issuance of any currency, securities (whether equity securities or otherwise) or other kind of investment certificate. PEBEX issued during the STO sale is only a cryptographic currency usable / transferrable on the Ethereum blockchain.
UCI / authorized entities reserve the right to change the start / end dates of the STO sale , at their sole discretion. All PEBEX sales are final. No refunds are offered or given.
The STO will be conducted solely via the PEBEX STO sale web site.
PEBEX will be sold within a single block or portions thereof.
PEBEX STO will end only after all PEBEX have been sold / allocated.
PEBEX is distributed in order of purchase.
PEBEX may be sold / exchanged and / or transferred by the Participant at any time via cryptocurrency exchanges when PEBEX is listed on any such exchanges. It is the intended aim of UCI to list PEBEX on the BEX platform during August 2018 but this does not constitute a guarantee of listing within that time frame.
Owning PEBEX does not constitute any guaranteed provision / delivery of any goods and/or services at any time from the date of purchase of PEBEX or at any time thereafter.
UCI / authorized entities shall distribute PEBEX to participants within the time frame published in the white paper and / or STO sale website and further, reserve the right to refuse or cancel the purchase of PEBEX at any time at their sole and absolute discretion.
UCI / authorized entities impart no proprietary rights or obligation or contract other than that as described in the White Paper and PEBEX STO sale website. Participants will not have any intellectual / proprietary rights, votes or influence in the ongoing development or governance of UCI. All intellectual, proprietary and / or other rights are and will remain, in perpetuity with the legally entitled persons / entities, or until changed by the legally entitled persons / entities.
Funds raised during the PEBEX sale will be utilized immediately and without conditions for the continued development, scaling and growth of UCI. Participants understand, accept and agree that monies collected from the sale of PEBEX are utilized immediately, without conditions, to fund the continued development and growth of UCI.
UCI will allocate the monies raised from the PEBEX STO sale as described in the fund allocations section of the white paper and the PEBEX STO sale web site.
UCI will allocate up to 15% of the money raised via the STO for ‘’buy support’’ in the event of dumping after the STO ends. The fund created for said purpose will have a duration of 12 months, starting from the official end of the STO.
Participants are responsible for implementing all reasonable and appropriate measures for securing their PEBEX wallet including any requisite private key(s) or other credentials necessary to access their wallet. If private key(s) or other access credentials are lost, the participant may lose access to their PEBEX. In the event of loss of private keys and / or other credentials required to access the wallet UCI / authorized entities are not responsible for any security measures relating to the receipt, possession, storage, transfer or potential future use of PEBEX held in that wallet account nor are we under any obligation to recover any PEBEX. UCI / authorized entities hereby exclude, to the fullest extent permissible, under applicable law, any and all liability for any security breaches or other acts or omissions which result in the participant suffering loss.
5. RISKS OF PURCHASE
Participants accept sole risk when purchasing PEBEX. None of the information presented is intended to form the basis for any investment decision, and no specific recommendations are made or intended. UCI / authorized entities expressly disclaim all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from:
1. reliance on any information presented by Net Zero / authorized entities or any third party.
2. any error, omission or inaccuracy in any such information;
3. any action resulting from such information.
By purchasing, holding and using PEBEX, you expressly acknowledge and assume the following risks:
1. Risks associated with the Blockchain Protocol. Any malfunction, breakdown or abandonment of the blockchain protocol may have an adverse effect on PEBEX. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to PEBEX by rendering ineffective the cryptographic consensus mechanism that underpins the blockchain protocol.
6. DISCLOSURE INFORMATION
2. Risk of Hacking. Hackers or other malicious groups or organizations may attempt to interfere with PEBEX in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing.
UCI / authorized entities reserve the right to use and/or disclose your information where such use and/or disclosure is required under law, for cooperation with regulatory, law enforcement and other governmental bodies or authorities and/or to protect the rights or properties of UCI / authorized entities.
7. HYPERLINKS TO THIRD PARTY SITES
The PEBEX STO sale website may contain hyperlinks to thirds party websites which are not maintained or controlled by UCI /authorized entities. All hyperlinks to such websites are provided as a convenience to you. Use of the hyperlinks and access to such websites is entirely at your own risk. UCI / authorized entities disclaim responsibility and / or liability for any third-party content contained in websites linked to the PEBEX STO website and shall not be liable for any Loss arising from accessing or using such websites.
The inclusion of any hyperlink does not imply endorsement by UCI / authorized entities of such websites. Under no circumstances shall the Parties be considered associated or affiliated with any trade or service marks, logos, insignia or other devices used or appearing on websites to which the PEBEX STO sale website is linked.
8. INTELLECTUAL PROPERTY RIGHTS
UCI / authorized entities exercise their rights of valid, unrestricted and exclusive ownership of patents, trademarks, trademark registrations, trade names, copyrights, know-how, technology and other intellectual property necessary to the conduct the PEBEX STO sale.
9. SUGGESTION, COMMENTS AND FEEDBACK
Should ANY User or Participant provide feedback, comment on or otherwise respond to, either verbally or in writing to any part of the Content of the PEBEX STO sale website, any such information shall be deemed to have been provided to UCI / authorized entities on a non-confidential basis unless explicitly agreed to otherwise by all parties and any such information may be reproduced, used, disclosed and distributed without restrictions or limitation, and shall be freely available to be used in any way for any purpose whatsoever including ideas, know-how, techniques or concepts communicated therein.
The participant is solely responsible for determining what, if any, taxes apply to the purchase / sale of PEBEX, including, for example, sales, use, value added, and similar taxes. It is also your sole responsibility to withhold, collect, report, pay, settle and/or remit the correct taxes to the appropriate tax authorities in such jurisdiction in which you may be liable to tax. UCI / authorized entities are not responsible for withholding, collecting, reporting, paying, settling and/or remitting any sales, use, value added, or similar tax arising from your purchase of PEBEX.
11. GOVERING LAW
These Terms and Conditions are governed by and shall be construed in accordance with the laws of the country of Georgia and you hereby consent to submit to the exclusive jurisdiction of the Georgian courts.
12. DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSLY OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PURPOSE. PINDIY / AUTHORIZED ENTITIES DO NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, AND THE PARTIES MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PARTIES OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE PARTIES OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF THE PARTIES OR SUCH INDIVIDUALS / ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PARTIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO GENESIS VISION FOR YOUR ACCESS TO OR USE OF THE SITE.
If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the Parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the Parties that they would have executed the remaining terms, provisions, covenants and restrictions without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.