This Token Purchase contains the terms and conditions that govern the purchase of tokens distributed on the Ethereum Blockchain, and the use of the smart contract that distributes the Tokens. This Agreement is a legally binding document between you or the legal entity that you are authorized to represent (“Purchaser”)
Tombola LTD in Belize: 9 BARRACK ROAD, BELIZE CITY, BELIZE. Certificate: 171,578 (“TOMBOLA”)
Purchaser and Company are hereinafter also referred to as “Parties”
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL REPRESENTATIONS, WARRANTIES AND AGREEMENTS CONTAINED IN THIS AGREEMENT, COMPANY AND PURCHASER AGREE AS FOLLOWS:
IMPORTANT CONTRACTUAL OBLIGATIONS. PLEASE READ AGREEMENT ENTIRELY AND CAREFULLY, AND ASK FINANCIAL OR LEGAL ADVICE BEFORE ENTERING INTO THIS AGREEMENT
ANNOUNCEMENT TO ALL INVESTORS: REGULATORY DUTIES
IT IS THE RESPONSIBILITY OF ANY PERSON THAT WANTS TO PURCHASE OR HOLD THE TOKENS DESCRIBED IN THIS OFFERING TO RESEARCH AND INFORM THEMSELVES ON ALL APPLICABLE LAWS AND REGULATIONS OF ANY RELEVANT JURISDICTION. THIS INCLUDES TAX CONSEQUENCES WITH RESPECT TO PURCHASING, HOLDING OR SELLING THESE TOKENS. NOTHING IN THIS OFFERING IS INTENDED TO CREATE AN INVESTMENT CONTRACT. OUR COMPANY IS NOT OFFERING ANY LEGAL, FINANCIAL OR BUSINESS ADVICE. IF YOU HAVE DOUBTS OR QUESTIONS, PLEASE CONTACT US.
THIS OFFERING SOLELY CONSTITUTES AN EXCLUSIVE OFFER OF TOKENS TO THOSE INDIVIDUAL WHO WE MAY LAWFULLY OFFER TOKENS TO. THIS IS A PRIVATE AND UNREGISTERED TOKEN SALE. ACCORDING TO APPLICABLE LAWS AND REGULATIONS, IT COULD BE PROHIBITED TO HOLD AND PURCHASE TOKENS. WE ALWAYS RECOMMEND YOU TO CONSULT WITH YOUR ATTORNEY, CHARTERED ACCOUNTANT OR ANY OTHER ADVISOR WHO HAS KNOWLEDGE OF CRYPTO CURRENCIES, SMART CONTRACTS AND BLOCKCHAIN TECHNOLOGY.
THE TOKENS ARE HELD IN A DIGITAL WALLET, AND OWNERSHIP OF THE TOKENS IS DETERMINED BY THE OWNERSHIP OF THE PRIVATE KEY NECESSARY TO ACCESS YOUR DIGITAL WALLET THAT HOLDS THE TOKEN.
YOU MUST COMPLY WITH ALL LAWS AND REGULATIONS CONCERNING KNOW-YOUR-CUSTOMER, ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FINANCING THAT MAY APPLY TO YOU. IN ADDITION, YOU MUST OBTAIN ANY PERMISSIONS, APPROVALS OR LICENSES NEEDED IN ORDER TO PURCHASE, HOLD OR SELL ANY TOKENS UNDER THE LAWS AND REGULATIONS TO WHICH YOU ARE SUBJECT, OR IN EACH JURISDICTION IN WHICH YOU MAY PURCHASES OR HOLD THE TOKENS.
WE ARE NOT RESPONSIBLE FOR YOUR COMPLIANCE WITH ABOVEMENTIONED LEGAL AND REGULATORY REQUIREMENTS. THE COMPANY IS NOT MAKING ANY REPRESENTATION TO YOU REGARDING THE LAWFULNESS OF YOUR CONTRIBUTION IN THE TOKENS UNDER ANY APPLICABLE SECURITIES LAWS.
PLEASE READ THE FOLLOWING NOTICES FOR THE JURISDICTION THAT MAY APPLY TO YOU. IT IS YOUR SOLE RESPONSIBILITY TO RESEARCH AND INFORM WHICH LAWS APPLY TO HOLDING, PURCHASING TOKENS, AS WELL AS WHICH TAX REGIME MAY APPLY.
WE NEVER SELL TO SANCTION COUNTRIES, CURRENTLY: CUBA, IVORY COAST, IRAN, SYRIA, MYANMAR, AND NORTH KOREA. EACH PROSPECTIVE PURCHASER IS RESPONSIBLE TO FOLLOW THE LAWS AND REGULATIONS IN THESE AND FUTURE SANCTION COUNTRIES.
1. Purchaser acknowledges and agrees that he/she is fully bound by this Agreement:
2. Representations and Warranties Purchaser
- These Tokens have no rights, attributes or use outside the distributed ledger technology that processes the transaction offered by Tombola Limited. The only use of ;
- The purchase of the Tokens is non-refundable, and a completed transaction cannot be reversed or annulled. Purchaser may lose all amounts contributed
- Tokens do not have any value outside the Tombola.game project
- Purchaser has sufficient legal capacity to purchase the Tokens, and is older than eighteen (18) years of age
- Purchaser has all necessary power and authority to execute this Agreement, and to carry out and perform all obligations under this Agreement, including the purchase of Tokens.
- When Purchaser purchases Tokens on behalf of a legal entity, this entity is validly existing and in good standing under the laws of its jurisdiction;
- Company reserves the right to refuse or annul Purchaser’s request to acquire tokens. Purchasers who purchase Tokens at an earlier moment in time, may receive a higher number of Tokens for the same amount Purchaser contributed
3. Nature of our Token
- 2.1. By purchasing Tokens, Purchaser represents and warrants that he/she has read and understood these Terms. It shall further be the sole responsibility of the purchaser to keep himself/herself updated with regard to the amendments, if and any, published from time to time on the official website of Tombola. Furthermore purchaser warrants that he/she agrees to any future amendments in these terms and conditions
- 2.2. Purchaser represents and warrants that he/she has sufficient knowledge about the blockchain technology in general, and specifically the functionality, usage, storage, transmission mechanisms and other characteristics of cryptographic tokens and wallets. As a result, Purchaser fully understands these Terms and all the risks surrounded with buying or holding Tokens.
- 2.3. With regards to cryptographic tokens Purchaser represents and warrants that he/she has enough information to make a well informed decision on the purchase of Tokens.
- 2.4. Purchaser warrants that the acquisition of Tokens shall fully comply with all the applicable laws and regulations from any jurisdiction which Purchaser may be subjected to.
- 2.5. If Purchaser acquires Tokens on behalf of a third person or entity, Purchaser represents and warrants he/she is authorized to accept these Terms and acknowledges he/she enters into a binding agreement with Tombola on this person’s or legal entity’s behalf.
- 2.6. Purchaser represents he/she is an individual of at least 18 years of age, and has sufficient legal capacity to accept these Terms and to entering into a binding agreement with Tombola on the terms set out herein.
4. Representations and Warranties Tombola
- 3.1. Under the laws of certain jurisdictions a Token such as our Token is defined as a security and therefore its purchase has to comply with securities laws and regulations of the jurisdiction concerned.
- 3.2. Tokens will never grant any voting rights or other influence over Tombola, other than the issuance of our Token as a cryptographic Token.
- 3.3. What our Token exactly encompasses is explained on Tombola.io. However, the information thereon is solely considered as a non-binding offer, and does not constitute an offer to purchase or hold our Token.
- 3.4. Each purchaser is fully aware that our Token should not be considered an instrument of investment or financial instrument, whatsoever. That is to say, our Token does not represent a profit on resale in the future.
5. Scope of Terms and latest version
- Tombola, its affiliates or business partners, shall offer lottery and game entertainment on the URL: www.Tombola.game. Each Purchaser agrees hereby that we cannot assume liability for any losses or damages as a consequence from the incapacity to use our Token. The Random Number Generator we use, is fully audited and certified, and therefore completely transparent, fair and unbiased.
6. Buying our Token
- Any use of our Token in connection with receiving certain services, will be primarily governed by the applicable terms and policies published at Tombola.io/contribution, and amended from time to time.
7. Acknowledgment of Risks
- 6.1. Your purchase of our Tokens during the sales period is always considered irreversible, and Tombola never accepts requests for cancellations or refunds, of any kind.
- 6.2. Tombola reserves the right to cancel the purchase of our Token at any time and suspend or abort the sale of our our Token at any time and at our sole discretion, or on behalf of a government or/and in compliance with a judicial order. In the event of the cancellation of a transaction, the exact number of Ethereum or other crypto currency with which Purchaser initially obtained Tokens, will be returned to the original Purchaser at the original price with which they were bought.
- 6.3. It is expressly prohibited for the purchaser to utilize his/her account for the purpose for cleaning money, hiding money, in any way attempting to obscure the source of funds, or attempting to circumvent financial regulations or restrictions. The Tombola team will actively analyze customer account activity for any signs of money laundering; any purchaser whom, in the opinion of the Tombola, has the appearance of involvement in money laundering activities will have their account terminated with immediate effect.
- 7.1. Purchaser or the person, who conducts purchases, shall be responsible for implementing all necessary measures for securing the online or offline wallet or any other storage technique which is used to store our Token.
- 7.2. Losing private key(s) or other data necessary to access your Tokens, means that these Tokens may be lost permanently, and Purchaser agrees that Tombola cannot be held responsible or liable for this loss.
- 7.3. Tombola is not responsible for any security measures related to the receipt, possession, storage, transfer or potential future use of Tokens, and Tombola has no legal obligation to recover any lost Tokens.
- 7.4. Tombola is never liable for future security breaches or any other circumstances which could result in Purchaser’s loss of or access of his/her our Token.
- 7.5. Tombola may, and without prior notice, undertake investigations and due diligence as to Purchaser’s identity. Moreover, Tombola may request additional information and documents, and Purchaser shall provide this promptly.
- 7.6. Tombola can postpone or reverse the transfer of Tokens until the results of the investigation mentioned in Clause 7.5 of this Agreement have been obtained. Article 6.2 of this Agreement applies accordingly.
- The purchase price for our Tokens always excludes taxes of any kind. Purchaser remains responsible to be knowledgeable of which national or/and jurisdiction taxes apply to the purchase or profits of our Token. For that purpose, Purchaser is fully responsible to report or pay the correct amount of taxes to the competent tax authority. Tombola is never responsible for withholding, collecting, reporting or paying any sort of tax from the purchase or possible profits from our Token.
- Purchaser will indemnify, defend and hold harmless Tombola and our respective past, present and future employees, directors, contractors, legal consultants, service providers, parent companies, subsidiaries, affiliates, representatives, predecessors and successors.
Purchaser will assign Tombola and all the above mentioned parties from and against all claims, demands, actions, damages, losses, costs and expenses that arise from or relate to: (a) the purchase or use of our Token, (b) Purchaser’s responsibilities or obligations under the terms of this and other agreements and all Exhibits of these Terms, (c) Purchaser’s violation of the terms of this and other agreements and all Exhibits of these Terms.
This indemnity is in addition to, and not in lieu of any other indemnity agreements between Purchaser and Tombola as set forth in a new written agreement.
B. LEGAL DISCLAIMER
- Except as otherwise and explicitly specified in writing, Tokens are distributed “as is” and on an “as available” basis, and without any representations or warranties, whatsoever.
Tombola does not represent or warrant that the Tokens are fully reliable, error-free and shall meet your requirements or expectations. Tombola cannot repair or correct any defects in its distribution and maintenance or warrant and represent that the mechanisms of delivery and maintenance for our Token are fully free of viruses or other harmful components..
C. LIMITATION OF LIABILITY
10. Governing Law and Jurisdiction
- Tombola or its affiliates, including but not limited to officers, directors, employees and suppliers, both existing and future, will never be liable for any direct, indirect, incidental, consequential, loss of any kind related to the sale or use of our Token. Regardless what the cause of action is, whether based in contract, tort, negligence or any other legal or equitable basis. Under no circumstances will the aggregate liability of Tombola exceed the amount Purchaser has paid for the acquisition of our Token.
- This contract is governed by the laws of Belize and the competent court in that Country can hear any claim that may arise out of the collaboration between Tombola and Purchaser.
12. List of current and future potential risks of buying our Token
- If any provision of this agreement is held unlawful, void or unenforceable, then that provision will be severable from these Terms, meaning that it will not affect the validity or enforceability of any remaining part of these Terms or subsequent agreements between parties in the future.
These Terms constitute the entire agreement between Purchaser and Tombola. Any changes to these Terms, will be posted on Tombola.io/contribution. In accordance with this agreement, the amended Terms will be effective immediately.
In the event Tombola fails to exercise or enforce any right or provision in these Terms, this will not be considered as a waiver of such right or provision. Tombola will not be liable for any delay or failure to perform due to a cause beyond its control.
Purchaser expressly acknowledges the following risks are involved by purchasing, holding and using our Tokens.
- Losing access to our Token due to loss of private key(s);
- Mining or related attacks;
- Risk of hacking attacks and other unanticipated security weaknesses;
- Uninsured losses;
- Risks connected with the functioning and/or unfavorable fluctuating of the Ethereum protocol or alternative networks;
- Uncertain regulations and governmental enforcement actions, including taxation;
- Insufficient interest and traction in the platform and its distributed applications;
- The development and maintenance of Tombola’s platform;
- The risk of dissolution of the Tombola platform and related activities in the future;
- Any other unanticipated risk in connection with the future development of crypto currency and other software techniques that can affect our Token.