Terms & Conditions
TOKEN SALE TERMS & CONDITIONS
Generational finance Token
Presale Terms & Conditions
PLEASE READ THESE TOKEN SALE TERMS & CONDITIONS CAREFULLY. NOTE THAT SECTION 17 CONTAINS A BINDING ARBITRATION CLAUSE & CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT
AGREE TO THESE TOKEN PRESALE & TERMS
& CONDITIONS, DO NOT PURCHASE TOKENS OF Generational Finance.
Your purchase of GENFi tokens (each, a “Token”) during the PreSale (as defined below) from pinksale finance the “Company”) is subject to these terms & conditions of sale (the “Terms”). Each of you & the Company is a “Party” &, together, the “Parties” to these Terms.
By purchasing Tokens from the Company during the Pre Sale, you will be bound by these Terms & any terms incorporated by reference. If you have any questions regarding these Terms, please contact the Company at: Genficrypto@gmail.com
You & the Company agree as follows:
1. Commencement & Duration of Presale information is contained in Exhibit B in this document.
The Company will conduct a public sale of Tokens (the “Crowd Sale”), which will begin on 31 January 2022 23:59 GMT (the “Launch Date & Time”) & end at 28 February 2022 00:00 UTC (the “Crowd Sale End Date & Time”) or when the total available supply of tokens has been sold.
2. Eligibility
In order to be eligible to participate in the Crowd Sale & to log into the Crowd Sale portal to make a purchase, you will need
to visit https://www.Genficrypto.com or pinksale finance. You must also have an BNB wallet that supports the BEP 20 token standard in order to receive any Tokens purchased from the Company (the “Token Receipt Address”). The Company reserves the right to prescribe additional guidance regarding specific wallet requirements. The Company is not responsible for any delays, losses, costs, non-delivery of funds or of Tokens, or other issues arising from the failure to provide, or providing an inaccurate or incomplete Token Receipt Address. In the public sale only BNB will be the accepted payment currency via Smart Contract.
The Company is not responsible for any loss occurring due to incorrect or wrong input of GENFi Crowd Sale Smart Contract address.
3. Purchase & Sale of Tokens
Price; Payment Currencies; Exchange Rates. The price per Token in the presale is approximately USD$ 0.0128 (“Price Per Token”). While the Price Per Token is set in US dollars, you must pay for Tokens with crypto currencies: BNB in the presale. In
the public sale only BNB is accepted via the smart contract. Your purchase is not guaranteed until the Company receives the full amount of the Purchase Price. The price in the public sale is pegged to BNB & is defined further in this document.
a. The Public Sale price is set & locked pegged to BNB. Reference Exhibit B in this document.
b. Your quoted “Purchase Price” in the selected Payment Currency is equal to the US dollar value of your Purchase Tier (e.g., USD$50,000) divided by the Exchange Rate (as defined below). The “Exchange Rate” will be the exchange rate between US Dollar & your selected Payment Currency as sourced by the Company from cryptocompare.com within approximately one hour prior to the time of your purchase request. For the avoidance of doubt, to the extent the Exchange Rate varies from the then-current rate on cryptocompare.com, the Exchange Rate will apply.
c. Purchase price must be received in full within One Hour (In the Public sale). If the Company has not received the payment of the full Purchase Price in accordance with these Terms within one hour of the time that you receive your payment instructions, the Company reserves the right to void your purchase request & refuse to accept your payment of the Purchase Price. For the avoidance of doubt, the Purchase Price will be deemed to be paid in full once the Company has received three network confirmations of the transaction. The Company reserves the right, in our sole discretion, to modify any of the timelines described herein to account for network congestion or other technical challenges.
d. Delivery of Tokens: The Company intends to deliver the quantity of Tokens you purchase in the pre-sale once it closes. If by chance there is some
delay the company reserves the right to deliver the tokens
by the later of: (i) three weeks after the Crowd Sale End Date; provided, however, that the Company reserves the right to extend the Token delivery deadline for up to two additional weeks if necessary to address any unanticipated technical difficulties; or (ii) one week after you have provided a complete & accurate Token Receipt Address. For the avoidance of doubt, any such extension will not affect the obligation of the Company & you to make & take delivery, respectively, of Tokens purchased. The Company may also deliver the tokens sooner at their sole discretion.
4. Purpose & Use of Tokens in the Ecosystem;
Refer to lite paper information regarding the Ecosystem, the Services & the Company is summarized in the lite paper available at https://www.Genficrypt.com (the “lite paper”).
b. While the Company is developing certain applications & software for use in the Ecosystem, the Company does not operate or control the complete Ecosystem & third party uses. The Company is not responsible or liable for the Ecosystem or any third-party uses of the Ecosystem.
c. Purchase, ownership, receipt or possession of Tokens carries no rights, express or implied, other than the right to use Tokens as a means to enable usage of & interaction with Services enabled by the Ecosystem, if successfully completed & deployed. In particular, you understand & 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 Ecosystem &/or the Company & its corporate affiliates, other than any rights relating to the provision & receipt of Services in the Ecosystem, subject to limitations & conditions in these Terms. [The Tokens are not intended to be a digital currency, security, commodity or any kind of financial instrument.]
d. The Company reserves the right to migrate the BEP-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 Ecosystem.
5. Scope
a. Unless otherwise stated herein, these Terms only govern your
purchase of Tokens from Company during the Crowd Sale.
b. Any use of Tokens in connection with providing or receiving Services in the Ecosystem may be governed by other applicable terms & conditions & policies.
6 Cancellation; Refusal of Purchase Requests
All Token purchases from the Company are final, & there are no refunds or cancellations, except as may be required by applicable law or regulation. The Company reserves the right to refuse or cancel Token purchase requests at any time in its sole discretion.
7 Token Allocation
Important information about the Company’s creation & intended use of the Tokens is provided in Exhibit B to these Terms. By purchasing Tokens, you acknowledge that you have read & understood Exhibit B to these Terms.
8 Acknowledgment & Assumption of Risks
You acknowledge & agree that there are risks associated with purchasing Tokens, owning Tokens & using Tokens for the provision or receipt of Services in the Ecosystem, as disclosed & explained in Exhibit C to these Terms. BY PURCHASING TOKENS, PURCHASER EXPRESSLY ACKNOWLEDGES & ASSUMES THESE RISKS.
9. Security
You are responsible for implementing reasonable measures for securing the wallet, vault or other storage mechanism you use
to receive & 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.
10. Personal Information
The Company may determine, in 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 & the Company has determined that it is permissible to sell you Tokens under applicable laws or regulations.
11. Taxes
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, including, for example, sales, use, value added, & similar taxes. It is also your responsibility to withhold, collect, report & remit the correct taxes to the appropriate tax authorities. The Company is not responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or similar tax arising from your purchase of Tokens.
12. Purchaser Representations & Warranties
By sending BNB to purchase Tokens from the Company, you represent & warrant that:
a. you have read & understood these Terms (including all Exhibits);
b. YOU ACKNOWLEDGE & AGREE THAT THERE ARE RISKS ASSOCIATED WITH PURCHASING TOKENS, OWNING TOKENS & USING TOKENS FOR THE PROVISION OR RECEIPT OF SERVICES IN THE ECOSYSTEM INCLUDING (BUT NOT NECESSARILY LIMITED TO) THE RISKS DESCRIBED IN EXHIBIT C OF THESE TERMS;
c. you have a sufficient understanding of technical & business matters (including those that relate to the Services
& Ecosystem), cryptographic tokens, token storage mechanisms (such as token wallets), & blockchain technology to understand these Terms & to appreciate the risks & implications of purchasing the Tokens;
d. you understand the restrictions & risks associated with the creation of Tokens as set forth herein, & acknowledges & assumes all such risks;
e. you have obtained sufficient information about the Tokens, the Services & the Ecosystem to make an informed decision to purchase the Tokens;
f. you understand that the Tokens confer only the right to provide & receive Services in the Ecosystem (& potentially contribute to the technical development of the Ecosystem),
& confer no other rights of any form with respect to the Ecosystem or the Company, including, but not limited to, any ownership, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights;
g. you are purchasing Tokens solely for the purpose of receiving Services, participating in the Ecosystem, & supporting
the development, testing, deployment & operation of the Ecosystem, being aware of the commercial risks associated with the Company & the Ecosystem, & 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 & regulations in your jurisdiction, including, but not limited
to: (i) legal capacity & any other threshold requirements in your jurisdiction for the purchase of the Tokens & entering into contracts with the Company; (ii) any foreign exchange or regulatory restrictions applicable to such purchase; & (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 & 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 & such entity, jointly);
k. you have obtained independent legal advice with respect to same before accepting these Terms, &, in accepting these Terms, you further represent & warrant to the Company
that you have been so advised to obtain independent legal advice, & that prior to accepting these Terms you have obtained independent legal advice, or have, in your discretion, knowingly & 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, & 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;
m. if you are registering to use the Services on behalf of a legal entity, you further represent & warrant that: (i) such legal entity is duly organized & validly existing under the applicable laws of the jurisdiction of its organization; & (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 the your knowledge proceeds obtained or derived directly or indirectly as a result of illegal activities, & 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 Proceeds of Crime like Money Laundering & Terrorist Financing & you acknowledge that the Company may in the future be required by law to disclose your name & other information relating to these Terms, on a confidential basis, pursuant to the local laws, & to the best of the 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, & you will promptly notify the Company if you discover that any of such representations cease to be true, & will promptly provide the Company with all necessary information in connection therewith.
13. Indemnification
a. To the fullest extent permitted by applicable law, you
will indemnify, defend & hold harmless the Company &
its respective past, present & future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors & assigns (the “Company Parties”) from & against all
claims, demands, actions, damages, losses, costs & 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 entity.
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 13. This indemnity is in addition to, & not in lieu of, any other indemnities set forth in a written agreement between you & the Company.
14. Disclaimers
a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW & EXCEPT AS OTHERWISE SPECIFIED IN A WRITING BY THE COMPANY: (i) THE TOKENS ARE SOLD ON AN “AS IS” & “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND,
& THE COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES AS TO THE TOKENS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE & 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; & (iii) COMPANY CANNOT & 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 & disclaimers in this Section 14 may not apply to you.
15. Limitation of Liability
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 & REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); & (ii) IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPANY & 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 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 15 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL 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 15 may not apply to you.
16. Release
To the fullest extent permitted by applicable law, you release the Company & the other Company Parties from responsibility, liability, claims, demands &/or damages (actual & consequential) of every kind & nature, known & unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users & 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.
17. Dispute Resolution; Arbitration
a. Arbitration: Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either you or the Company seeks to bring an individual action in small claims court or 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, all Disputes arising out of or in connection with these Terms, or in respect of any legal relationship associated therewith or derived therefrom, will be referred to & finally resolved by arbitration administered by the Swiss courts pursuant to Swiss Laws & Rules. The place of arbitration will be Wollerau, Canton Schwyz, Switzerland.
b. No Class Arbitrations, Class Actions or Representative Actions: Any Dispute arising out of or related to these Terms is personal to you & the Company & will be resolved solely through individual arbitration & 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.
c. Notice; Informal Dispute Resolution: Each of you & the Company will notify the other party in writing of any arbitrable or small claims Dispute within 30 days of the date it arises, so that each of you & the Company can attempt in good faith to resolve the Dispute informally. Notice to the Company will be sent by e-mail to the Company at Genficrypto@gmail.com. Notice to you will be by email to the email address provided to the Company. Your notice must include: (i) your name, postal address, email address & telephone number; (ii)
a description in reasonable detail of the nature or basis of the Dispute; & (iii) the specific relief that you are seeking. If you & the Company cannot agree how to resolve the Dispute within 30 days after the date notice is received by the applicable party, then either you or the Company may, as appropriate & in accordance with this Section 17, commence an arbitration proceeding or, to the extent specifically provided for in Section 17(a), file a claim in court.
18. Governing Law & Venue
These Terms will be governed by & construed & enforced in accordance with the laws of the Canton of Schwyz, Switzerland, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any Dispute between the Parties arising out or relating to these Terms that is not subject to arbitration will be resolved & governed through the courts of Canton of Schwyz, Switzerland, with the venue being Schwyz, Canton of Schwyz, Switzerland.
19. Severability
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 & 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.
20. Miscellaneous
These Terms constitute the entire agreement between you & the Company relating to your purchase of Tokens from the Company. The Company may assign the Company’s rights & obligations under these Terms. The Company’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The Company 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 the Company’s reasonable control. Purchasing Tokens from the Company does not create any form of partnership, joint venture, or any other similar relationship between you & the Company. Except as otherwise provided in herein, these Terms are intended solely for the benefit of you & the Company & are not intended to confer third-party beneficiary rights upon any other person
or entity. You agree & acknowledge that all agreements, notices, disclosures, & other communications that the Company provides to you, including these Terms, will be provided in electronic form.
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