Your purchase of INFLR tokens (a “Token”, or the “Tokens”) during the period of token sale (the “ Token“Token Sale”) from INFLR INTERNATIONAL CORPORATION Ltd. (the “Company”) The Grand Pavilion Commercial Centre, 802· Grand Cayman, KY1-1006 · Cayman Islands · RN: AC-337315 is subject to these terms and conditions of sale (the “Terms”). Each purchaser of the Tokens and the Company is a “Party” and, together, they are the “Parties” to these Terms. By purchasing Tokens from the Company during the Token Sale, you will be bound by these Terms. If you have any questions regarding these Terms, please contact us at: email@example.com
The Phase #1 - Pre-Sale is running between 08/20/2018 and 11/30/2018
The Phase #2 - Main Sale is running between 12/10/2018 and 02/11/2019
You and the Company agree as follows:
a. You must have an Ethereum wallet that supports the ERC-20 token standard, so that you can receive any Tokens purchased from the Company (“Token Receipt Address”). You must provide the Company with a refund address to receive any necessary refunds (“Refund Address”). Any refunds will be made in the payment currency. The Company is not responsible for any delays, losses, costs, non-delivery of refunds or of Tokens, or other issues arising from the failure to provide, or providing an inaccurate or incomplete Refund Address or Token Receipt Address.
b. You are not a citizen or resident of a geographic area in which access to or use of the Tokens or of the services provided by the Company or by the use of the Tokens is prohibited by any relevant law, including the United States of America,, Republic of China, Brazil, Syria, South Korea and North Korea, among others.. Persons into whose possession this paper may come are required to inform themselves about and to observe such restrictions. By accessing this paper, a recipient hereof agrees to be bound by the foregoing limitations. among others.
a. The price per Token in the crowdsale is ETH 0.00025 (“Price Per Token”). Only Ethereum, Bitcoin, Bitcoin Cash and Litecoin are all accepted via Coinbase Commerce, as well as payment using Paypal, in which case the price may be different to cover operational Paypal costs and fees. Your purchase is not guaranteed until the Company receives the full amount of the Purchase Price, or at least the minimum amount it defines as essential for the project (i.e., the “Soft Cap”). The price is pegged to Ether.
b. The buyer needs to pay within 20 minutes after the purchase order to ensure the quantity of INFLR tokens purchased. If the payment is not identified within 20 minutes, the amount of INFLR tokens purchased will be recalculated within 24 hours based on ETH price at the time the payment is identified.
c. The Company smart contracts distribute the quantity of Tokens you purchase at the end of the Token Sale after it receives your payment, by the means described on item 2.a, above, of Ether if you have already passed by the know your costumer/anti money laundering process, as per clause 8, below. If you have not yet passed by the know your costumer/anti money laundering process at the moment of purchase of the Tokens you will be asked to do that at the time. In this case, or if by chance there is some technical delay, the Company reserves the right to deliver the Tokens to You up to 6 weeks after the Token Sale End Date, in case of any unanticipated technical difficulties. Any such extension will not affect the obligation of the Company and You to make and take delivery, respectively, of Tokens purchased. The Company may also deliver the tokens sooner at their sole discretion and/or technical capacity.
d. The Token sale target is to receive a minimum amount of USD 1 million (the “Soft Cap”). If the Soft Cap is not reached, the purchaser will have a right to reimbursement to the money expent subject to the following conditions:
i. apply for reimbursement from 02.18.2019 to 02.28.2019 sending an e-mail to firstname.lastname@example.org with the title/subject “Solicitação de devolução de compra” or “Purchase reimbursement demand”, stating purchaser’s name, transaction ID, Ethereum wallet number and the e-mail he registered at the ICO website, i.e. the http://token.inflr.com
ii. 5% (five percent) of the amount of the purchase will be retained and not
reimbursed, as a means to cover taxes, fees and other operational costs. If the
payment of the Tokens was made using Paypal, an additional 20% will be retained, making it up to a 25% total of retainment.
iii. The reimbursement will be done in up to 30 (thirty) days form the date of the reception of the e-mail as described on item 2.c.i, above.
e. As described above, the Token Sale will be divided in 3 (three) different phases, a Private Sale, a Pre Sale and a Main Sale. The Private Sale and the Pre Sale will both offer a bonus for those who purchase Tokens, which will come in a form of an offer of 50% of extra Tokens for free in the Private Sale and from 15% to 30% of extra Tokens for free in the Pre Sale. To be entitled to receive these bonus, the purchaser is subject to buying a minimum amount
equivalent to 2 ETH in the Private Sale and 0.125 ETH in the Pre Sale. If the amount purchased in any of these two initial selling phases is smaller than the minimum required to receive a bonus in the current phase, this amount will be hold by the smart contract and transferred to the next phase. If the amount of purchase is inferior to the equivalent of 0.125 ETH and the Token crowdsale is by any reason interrupted, the purchaser will receive no Inflr Coin Token and the amount expent will not be reimbursed.
a. Tokens may be used to make payments for services and loans received through the Inflr platform and ecosystem, hosted at www.inflr.com. Payments are made at the market value of the Tokens. The Tokens can be traded within the Inflr platform or on certain crypto exchanges (where the Tokens are listed). Additional information regarding the Platform, the Services and the Company can be found in detail within the Whitepaper, available at: https://token.inflr.com/whitepaper/ .
b. Purchase, ownership, receipt or possession of Tokens carries no rights, express or implied, other than the right to use Tokens as a method of payment in respect to Services in the Platform (as permitted by the Platform and subject to such terms it may impose at its discretion), if successfully completed and deployed. In particular, you understand and accept that Tokens do not represent or confer any ownership right or stake, share, security, or equivalent rights, or any right to receive future revenue shares, intellectual property rights or any other form of participation in or relating to the Platform and/or the Company. The only
exceptions are the possible rights to certain rewards which may be conveyed to token olders and which shall clearly stated at the Platform or in a future contract or relevant document.
c. The Company reserves the right to migrate the ERC-20 Tokens to another protocol in the future should the Company determine, in its reasonable discretion, that doing so is necessary or useful to the operation of the Platform and its ecosystem.
a. Unless otherwise stated herein, these Terms only govern your purchase of Tokens from the Company during the Token Sale.
b. Any use of Tokens as a method of payment in respect of Services in the Platform may be governed by other applicable terms and conditions and policies which will be made available to you before you create an account on the platform.
All Token purchases from the Company are final, and there are no refunds or cancellations, except those required by an applicable law or regulation. The Company reserves the right to refuse or cancel Token purchase requests at anytime and at its sole discretion.
You acknowledge and agree that there are risks associated with purchasing Tokens, owning Tokens and using Tokens as a method of payment in respect of Services in the Platform. By purchasing Tokens, the purchaser expressly acknowledges to be fully aware of these risks which he voluntarily assumes.
You are solely responsible for implementing reasonable measures for securing your wallet, vault or other storage mechanism you are using to receive and hold Tokens 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.
The Company may determine, at its sole discretion, that it is necessary to obtain certain information about you in order to comply with applicable laws or regulations in connection with selling Tokens to you. You agree to provide the Company such information promptly upon request. You acknowledge that the Company may refuse to sell Tokens to you until you provide such requested information and the Company has determined that it is permissible to sell you Tokens under applicable laws or regulations. Clause 2.b, above, directly relates to this one as na effect of timely, or not, provision of such information.
Any amounts that you pay for Tokens are exclusive of all applicable taxes. You are responsible for determining what, if any, taxes apply to your purchase of Tokens. It is also your responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. The Company is not responsible for withholding, collecting, reporting, or remitting any tax whatsoever arising from your purchase of Tokens.
By sending ETH your payment, by any mean defined in item 2.a above, to purchase Tokens from the Company, you represent and warrant that:
a. You have read and understood these Terms;
b. You acknowledge and agree that there are risks associated with purchasing tokens, owning tokens and using Tokens as a method of payment in respect of Services in the Platform;
c. You have a sufficient understanding of technical and business matters (including
those that relate to the Services and Platform), cryptographic tokens, token storage mechanisms (such as token wallets), and blockchain technology to understand these Terms and to appreciate the risks and implications of purchasing the Tokens;
d. You understand the restrictions and risks associated with the creation of Tokens as set forth herein, and acknowledges and assume all such risks;
e. You have obtained sufficient information about the Tokens, the Services and the Platform to make an informed decision to purchase the Tokens;
f. You understand that the Tokens confer only the right to be used as a method of Payment and repayment in respect to Services on the platform and in the Platform, and confer no other rights of any kind with respect to the Platform or the Company, including, but not limited to, any ownership, distribution, redemption, liquidation, proprietary, or other financial or legal rights or interests. Furthermore, purchase or ownership of the Tokens does not automatically confer any rights to access or use Services offered on the Platform. Services on the Platform are provided in accordance with the terms and conditions governing the Platform;
g. You are purchasing Tokens solely for the purpose of using Tokens as a method of payment in respect of Services in the Platform, being aware of the commercial risks associated with the Company and the Platform, and You are not purchasing Tokens for any other purposes, including, but not limited to, any investment, speculative or financial purpose;
h. your purchase of Tokens complies with applicable laws and regulations in your jurisdiction, including, but not limited to: (i) legal capacity and any other threshold requirements in your jurisdiction for the purchase of the Tokens and entering into contracts with the Company; (ii) any foreign exchange or regulatory restrictions applicable to such purchase; and (iii) any governmental or other consents that may need to be obtained;
i. You will comply with any applicable tax obligations in your jurisdiction arising
from your purchase of Tokens;
j. if You are purchasing Tokens on behalf of any entity, you are authorized to accept these Terms on such entity’s behalf and that such entity will be responsible for breach of these Terms by you or any other employee or agent of such entity (references to “you” in these Terms refer to you and such entity, jointly);
k. you have obtained independent legal advice with respect to the same before accepting these Terms, and, in accepting these Terms, you further represent and warrant to the Company that you have been so advised to obtain independent legal advice, and that prior to accepting these Terms you have obtained independent legal advice, or have, in your discretion, knowingly and willingly elected not to do so;
l. you are not a citizen or resident of a geographic area in which access to or use of the Services or the acceptance of delivery of the Tokens is prohibited by applicable law, decree, regulation, treaty or administrative act, and if your country of residence or other circumstances change such that the above representations are no longer accurate, you will immediately cease using the Services and holding the Tokens. Also, you are expressely representing that you are not a citizen of or a resident in the United States of America, of of any other country in which this token sale operation would have to be approved by a regulator autorithy prior to public sale;
m. if you are registering to use the Services on behalf of a legal entity, you further represent and warrant that: (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf;
n. none of the funds being used to purchase the Tokens are to your knowledge proceeds obtained or derived directly or indirectly as a result of illegal activities, and the funds being used to purchase the Tokens which will be advanced by you under these Terms will not represent proceeds of crime for the purposes of the applicable laws, rules and regulations, including but not limited to the Corruption, Drug Trafficking and Other Serious Crimes. You also agree to provide any information as may be requested by the Company from time to time for the purposes of complying with applicable laws, rules and regulations, as well as
requests from law enforcement agencies and regulators. You represent and warrant that to the best of your knowledge, none of the funds to be provided by you to the Company are being tendered on behalf of a person or entity who has not been identified to you, and you will promptly notify the Company if you discover that any of such representations cease to be true, and will promptly provide the Company with all necessary information in connection therewith;
o. you understand that any interest will be paid in connection with the debt instrument(s) only, and that the Tokens do not provide you with any right or entitlement to receive payment of interest solely by virtue of you holding the Tokens.
a. To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless 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 and successors (the “Company Parties”) 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 Tokens; (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
b. The Company reserves the right to exercise sole control over the defence, at your expense, of any claim subject to indemnification under this Section 11. 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 or otherwise required by law.
a. To the fullest extent permitted by applicable law and except as otherwise specified in writing by the company: (i) The Tokens are sold on an “as is” and “as available” basis without warranties of any kind, and the Company expressly disclaims all implied warranties in regard to the tokens, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement; (ii) The company does not represent or warrant that the Tokens are reliable, current or error-free, meet your requirements, or that
defects in the Tokens will be corrected; and (iii) the Company cannot and does not
represent or warrant that the tokens or the delivery mechanism for Tokens are free
of viruses or other harmful components.
b. Some jurisdictions do not allow the exclusion of certain warranties or disclaimer
of implied terms in contracts with consumers, so some or all of the exclusions of warranties and disclaimers in this Section 12 may not apply to You.
a. To the fullest extent permitted by applicable law: (i) In no event will the Company or any of the Company Parties be liable for any indirect, special, incidental, consequential, or exemplary damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption) arising out of or in any way related to the sale or use of the Tokens or otherwise related to these terms, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and
regardless of whether such damages were foreseeable); and (ii) In no event will the aggregate liability of the Company and the Company Parties (jointly), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these Terms or the purchase, ownership, use of or inability to use the Tokens, exceed the amount you paid to the Company for the Tokens.
b. The limitations set forth in Section 13 will not limit or exclude liability for the gross negligence, fraud or intentional, wilful, or reckless misconduct of the Company.
c. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this Section 13 may not apply to you.
To the fullest extent permitted by applicable law, you release the Company and the other Company Parties 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 users and the acts or omissions of third parties. You expressly waive any rights you may have under any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
a. Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, You and the Company (i) waive your and the Company’s respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive your and the Company’s respective rights to a jury trial. Instead, You and Company will arbitrate any occasional disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
b. No Class Arbitrations, Class Actions or Representative Actions. Any 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 attempt to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of
representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
c. Notice; Informal Dispute Resolution. Each Party will notify the other Party in writing of any Dispute within thirty (30) days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to the Company shall be sent by email to the Company at email@example.com. Notice to You shall be by email to the then-current email address in your Account. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. If you and Company cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable Party, then either you or the Company may, as appropriate and in accordance with this Section 15, commence an arbitration proceeding or, to the extent specifically provided for in Section 15(a), file a claim in the courts of England and Wales.
d. Arbitration Proceeding. Any Dispute arising out or in connection with these Terms, including any questions regarding its existence, validity or termination shall be referred to and finally resolved by binding arbitration in England in accordance with the Arbitration Rules of the The London Court of International Arbitration (“LCIA Rules”). The arbitration tribunal shall consist of one arbitrator to be appointed by LCIA. The language of the arbitration shall be English.
e. The governing law of these Terms shall be the law of the Cayman Islands.
If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
By purchasing Tokens during INFLR Coin ICO You automatically accept the full content of this Terms, which immediately become legally binding for the Parties.
These Terms constitute the entire agreement between you and the Company relating to your purchase of Tokens from the Company. The Company may make changes to these Terms from time to time as reasonably required to comply with applicable laws or regulations. If we make changes, we will post the amended Terms at https://token.inflr.com/terms-conditions. The amended Terms will be effective immediately. We may assign our rights and obligations under these Terms. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control. Purchasing Tokens from us does not create any form of partnership, joint venture or any other similar relationship between you and us. Except as otherwise provided in herein, these Terms are intended solely for the benefit of you and us and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree and acknowledge that all agreements, notices, disclosures, and other communications that we provide to you, including these Terms, will be provided in electronic form.