Terms and Conditions

Terms and Conditions 2018-04-10T15:21:06+00:00

CombiCoin & TriaToken Terms and Conditions

CombiCoin & TriaToken foundation (working name: CombiCoin Foundation)
Oudenhof 4B
4191NW Geldermalsen
The Netherlands
E-mail: info@combicoin.co
KvK: 69338094

INTRODUCTION

These terms and conditions (hereinafter the “Terms”), Privacy Policy and any terms and conditions published from on the website (being https://combicoin.co, all subdomains and all their respective pages) constitute the legal relationship and agreement between you, and CombiCoin & TriaToken Foundation, registered in the Netherlands with the company number 69338094 and registered office address Oudenhof 4B, 4191NW Geldermalsen, in respect of your purchase of CombiCoin, receiving and holding Tokens, and your use of the Website.

“Bitcoin” or “BTC” means the digital currency and payment system using peer to peer transactions verified by network nodes and recording in a public distributed ledger called the blockchain.

“Control” or “to Control” means, with respect to any person, the possession, directly or indirectly (including through any number of interposed persons), of the power to direct or cause the direction of the management and policies of such person, whether through the ownership of voting securities, by contract or otherwise and Controlled has a corresponding meaning.

“Purchase” means the purchase of CombiCoin.

“Customers” or “Customer” means you, the legal or natural person purchasing CombiCoin.

“Payment” means funds which Customer send to CombiCoin & TriaToken Foundation in exchange for CombiCoins according to the current exchange rate.

“Force Majeure Event” means any event or circumstance which: (1) is not within the reasonable control of CombiCoin Foundation or any of their subcontractors; (2) directly or indirectly and alone or when taken together with any other such events, causes CombiCoin Foundation to fail to deliver the CombiCoin; and (3) is not reasonably able to be prevented by CombiCoin Foundation taking reasonable precautions and cannot reasonably be circumvented by CombiCoin Foundation.

“Loss” means 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.

“Operator” means any operator of CombiCoin & TriaToken Foundation.

“CombiCoin & TriaToken Foundation” , “Foundation” or “CombiCoin Foundation” means CombiCoin & TriaToken Foundation being the foundation established under the laws of the Netherlands and having as its registered office in the Netherlands.

“CombiCoin Foundation Party” means CombiCoin & TriaToken Foundation and any party affiliated with CombiCoin & TriaToken foundation.

“CombiCoin”, “CombiCoins” means the ERC20 standard Ethereum token that the CombiCoin foundation is selling.

“Token” or “Tokens” means the CombiCoin.

“US” or “USA” means the United States of America, its territories or possessions, any state of the United States of America or the District of Columbia.

“CET” means Central European Time.

“Website” means https://combicoin.co, all subdomains and all their respective pages.

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The CombiCoin sales is being conducted by the CombiCoin Foundation and will take place wholly outside the United States of America. By using the Website and purchasing CombiCoins you agree to these terms and conditions. CombiCoin Foundation reserves the right to amend the terms and conditions at any time and such amendments will be effective immediately upon publication on the Website. By continuing to use the Website and purchasing CombiCoins you accept such amendments.

If you do not agree to these terms and conditions, you must refrain from using the Website and purchasing CombiCoins.

1 Website

1.1 CombiCoin Foundation reserves the right, at its sole and absolute discretion and without giving prior notice, to:

(a) vary, modify, add or remove features, or amend any content on the 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; and (b) block or restrict access to, or terminate, withdraw or suspend use of the Website or any part of the Website. No CombiCoin Foundation Party will be liable for any Loss which may be incurred as a result of such action.

1.2 The Website may contain hyperlinks to websites which are not maintained or controlled by the CombiCoin Foundation. 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. All CombiCoin Foundation Parties disclaim any responsibility and liability for any third party content contained in websites linked to on the Website and shall not be liable for any Loss arising from you accessing or using such websites.

1.3 The inclusion of any hyperlink does not imply endorsement by CombiCoin Foundation of such websites. Under no circumstances shall CombiCoin Foundation be considered to be associated or affiliated in any manner with any trade or service marks, logos, insignia or other devices used or appearing on websites to which the Website is linked.

2 Sales of CombiCoin

2.1 Customers will do a Payment to CombiCoin Foundation and will receive CombiCoin in return for the current CombiCoin exchange rate as mentioned in our communication. There will be time between you sending your Payment and us receiving it. CombiCoin Foundation will use the exchange rate for CombiCoin and the Payment currency to USD of 12:00 CET of the day payment is received.

2.2 Tokens impart no proprietary rights or obligation or contract. In particular, Customers will not have any influence in the development or governance of CombiCoin Foundation or the CombiCoin. The sole and exclusive usage rights of these intellectual property rights are held by and assigned to CombiCoin Foundation and its nominees.

2.3 Sales of CombiCoin will be conducted via the Website and will consist of Foundation accepting Payments and providing CombiCoin in recognition of such Payments. Customers may pay using the cryptocurrencies or other payment methods available on the Website. Failure to follow the Payment instructions on the Website and e-mail communication may limit, delay, or prevent a Customer from purchasing CombiCoins. Any questions about such instructions should be directed to info@combicoin.co.

2.4 There are no guarantees that CombiCoin will increase in value or follow the cryptocurrency market at all.

2.5 By Purchasing CombiCoin, and to the extent permitted by applicable law, you agree to not hold any CombiCoin Foundation Party liable for any Loss arising out of, or in any way connected to, your failure to properly secure and keep private your Ethereum wallet private Key and any password used in connection with the safekeeping of cryptocurrencies.

2.6 CombiCoins cannot be bought by residents of the Netherlands. By purchasing CombiCoins you confirm that you aren’t a resident from the Netherlands.

3 Creation​ ​of​ ​Tokens

3.1 CombiCoins will be created when Customer Purchases CombiCoins and are sent to Customer in a reasonable time after receiving the Payment.

4 Obligation​ ​to​ ​comply​ ​the​ ​laws​ ​of​ ​Customers’s​ ​jurisdiction

It is the responsibility of each potential Customer to determine if the Customer can legally Purchase CombiCoins and receive and hold CombiCoin in the Customers jurisdiction. CombiCoin Foundation will not be held liable in case of any Customers failure to meet this condition.

5 Acceptance​ ​of​ ​CombiCoin Sales​ ​terms​ ​and​ ​conditions

5.1 By Purchasing CombiCoins, you expressly acknowledge and represent that you have carefully reviewed these terms and conditions, the Website and fully understand the risks, costs, and benefits associated with Tokens and you agree to be bound by these terms and conditions.

5.2 By using the Website and Purchasing CombiCoin you state that you:

(a) are legally permitted to Purchase CombiCoins and receive and hold CombiCoin in your jurisdiction;

(b) are of a sufficient age to legally Purchase CombiCoins and receive and hold CombiCoins;

(c) are not purchasing CombiCoin, receiving and holding Tokens, or exchanging any cryptocurrency for Tokens for the purpose of speculative investment;

(d) are not Purchasing CombiCoins and receiving and holding Tokens for an illegal purpose;

(e) have an understanding of the usage and intricacies of cryptocurrencies, cryptographic Tokens and blockchain based software systems.

5.3 Further, by using the Website and Purchasing CombiCoin you acknowledge and agree that:

(a) you take sole responsibility for any restrictions and risks associated with Purchasing CombiCoins, or receiving and holding Tokens, whether referred to in these terms and conditions, arising under any applicable law or otherwise;

(b) you waive the right to participate in any class action lawsuit or any class wide arbitration against any CombiCoin Foundation Party;

(c) the proposed outcomes discussed on the Website may not be achieved;

(d) CombiCoin may not provide the rewards envisaged;

(e) Purchasing CombiCoin, or receiving and holding CombiCoin do not grant any decision making power, including (without limitation) in relation to development, governance or the role, conduct or performance of CombiCoin Foundation.

(f) you will not hack into, interfere with, disrupt, disable, overburden or otherwise impair the proper working of the Website;

(g) you will not violate or attempt to violate the security of the Website;

(h) you will not access information or data which you are not authorized to access;

(i) you will promptly provide to CombiCoin Foundation, upon request, any additional information which CombiCoin Foundation may consider necessary in providing services on the Website; and

(j) you will ensure that any information or content posted, or permitted or caused to be posted, on the Website, shall be non confidential or non proprietary unless expressly indicated otherwise, and not offensive, illegal under any applicable law, and that you will be responsible for all such information or content.

6 Token​ ​purchase

6.1 CombiCoin Foundation will provide you with an email with instructions how to do the Payment in the currency of your choosing after you have filled in the form on the website www.combicoin.co.

6.2 CombiCoin Foundation will provide you with an email with bank account details for Payments made in fiat currencies after you have filled in the form on the website www.combicoin.co.

6.3 CombiCoin Foundation will provide you with a unique order identification combination which will serve as a reference ID for all the requests regarding created purchase requests for both cryptocurrency and fiat Purchases.

6.4 Customers will be informed by email of the status updates of their Purchases.

7 CombiCoin sales​ ​on​ ​the​ ​Website​ ​and​ ​authorized​ ​exchanges​ ​only

7.1 CombiCoin Foundation will only sell CombiCoin via the Website.

7.2 The only official and authorised CombiCoin website URL operated by CombiCoin Foundation is https://www.combicoin.co. You must ensure that the URL and the domain name is correct.

7.3 By Purchasing CombiCoin, or receiving and holding CombiCoin, to the extent permitted by applicable law, you agree that no other party (including, without limitation any CombiCoin Foundation Party) may be held liable for any Loss arising out of, or in any way connected to your Purchase of CombiCoin or receiving and holding Tokens.

8 Limitations​ ​on​ ​receiving​ ​Tokens

8.1 There will be no limitations on the amount of Tokens that can be provided.

9 Fraudulent​ ​attempts​ ​to​ ​double​ ​spend​ ​cryptocurrency

CombiCoin Foundation will monitor all potential transactions for attempts to double spend any cryptocurrency or cryptographic Tokens. Any detected double spend will result in no Tokens being provided to the relevant party.

10 Warning: First do extensive research before purchasing CombiCoins if you are not familiar with or do not understand cryptocurrencies, cryptographic tokens,​ ​and​ ​blockchain​ ​based​ ​software​ ​systems.

10.1 While CombiCoin Foundation will provide general guidelines in relation to use and storage of Tokens, you should have a functional understanding of storage and transmission mechanisms associated with cryptocurrencies, cryptographic tokens, and blockchain based software systems. While CombiCoin Foundation will be available to assist you, no CombiCoin Foundation Party will be liable for any Loss arising out of, or in any way connected to any actions taken by, or any omissions by any Customer.

11 Warning:​ ​Token​ ​price​ ​may​ ​experience​ ​extreme​ ​volatility

11.1 Cryptographic Tokens or cryptocurrencies that possess value in public markets, such as BTC, have demonstrated extreme fluctuations in price over short periods of time on a regular basis. You must be prepared to accept similar fluctuations in Token value. Such fluctuations are due to market forces and represent changes in the balance of supply and demand. CombiCoin Foundation cannot and does not guarantee any market liquidity for Tokens. Additionally, due to different regulatory requirements in different jurisdictions, and the inability of citizens of certain countries to open accounts at exchanges located anywhere in the world, the liquidity of Tokens may be markedly different in different jurisdictions.

11.2 By Purchasing CombiCoin or receiving and holding CombiCoin and, you acknowledge and agree that you fully understand that Tokens may experience volatility in pricing and liquidity, and that, to the extent permitted by applicable law, you agree that no other party (including, without limitation any CombiCoin Foundation Party) may be held liable for any Loss arising out of, or in any way connected your purchase of CombiCoin, or receiving and holding CombiCoin.

12 Warning:​ ​Receiving​ ​Tokens​ ​has​ ​a​ ​number​ ​of​ ​risks

12.1 Tokens carry risks.

Prior to receiving Tokens, you should carefully consider such risk and, to the extent necessary, consult with an appropriately qualified advisor. If any of the following risks are unacceptable to you, you should not accept Tokens. By purchasing CombiCoins, you acknowledge and agree that you understand the risks described below and that, to the extent permitted by applicable law, you agree that no other party (including, without limitation any CombiCoin Foundation Party) may be held liable for any Loss arising out of, or in any way connected with your Purchase of CombiCoin, or receiving and holding Tokens or such risk.

12.2 Regulatory action in one or more jurisdictions.

Cryptocurrencies, cryptographic tokens, and blockchain based software systems have been the subject of regulatory scrutiny by various regulatory bodies in numerous jurisdictions. CombiCoin Foundation could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of CombiCoin Foundation to sell CombiCoins.

12.3 Theft.

Hackers or other groups or organisations may attempt to steal Tokens.

12.4 Ethereum mining attacks.

The Customer understands and accepts that, as with other cryptocurrencies, cryptographic tokens, and blockchain based software systems, the Ethereum blockchain used for CombiCoin is susceptible to mining attacks, including but not limited to double spend attacks, majority mining power attacks, “selfishmining” attacks, and race condition attacks. Any successful attacks present a risk to CombiCoin Foundation, expected proper execution and sequencing of Token transactions.

13 Cancellation​ ​and​ ​refund​ ​policy

13.1 By Purchasing CombiCoin, you acknowledge that CombiCoin Foundation is not required to provide a refund for any reason, and that you will not receive money or other compensation in lieu of a refund, and you consent to no right of withdrawal.

13.2 All CombiCoins Purchases are final and nonrefundable.

14 Taxation

14.1 CombiCoin Foundation makes no representations concerning the tax implications of Purchasing CombiCoin, receiving and holding CombiCoin, or changes in the value of CombiCoin.

14.2 You bear the sole responsibility for determining or assessing the tax implications of Purchasing CombiCoin, receiving and holding CombiCoin, or changes in the value of CombiCoin, in all respects and in any relevant jurisdiction.

14.3 By Purchasing CombiCoin, or receiving and holding Tokens, to the extent permitted by applicable law, you agree that no other party (including, without limitation any CombiCoin Foundation Party) may be held liable for any Loss arising out of, or in any way connected to, any tax liability you may incur in connection with your Purchase of CombiCoin, or receiving and holding CombiCoin.

15 Privacy

15.1 Except as otherwise provided in these terms and conditions, Privacy Policy or on the Website, CombiCoin Foundation will not publish any identifying information relating to you without your prior written consent.

15.2 Customers may be contacted by CombiCoin Foundation.

15.3 CombiCoin Foundation may request additional information from Customers if such information is required by applicable laws or required to provide any technical support requested by the Customer.

16 Intellectual​ ​property

16.1 Unless otherwise stated, the content and information on the Website are the property of CombiCoin Foundation. You may not download, reproduce, or retransmit any information, other than for non commercial individual use. This Website is to be used by Customers only. You, the Customer are granted a limited, nontransferable, revocable license to view and copy the information solely for personal use only, subject to clause 20.2.

16.2 All intellectual property rights comprised in the information, text, graphics, logos, images, audio clips, data compilations, scripts, software, technology, sound or any other materials or works found in the Website shall vest in and remain property of CombiCoin Foundation. You are permitted to download and print such materials from the Website for personal and noncommercial use provided that you do not breach these terms and conditions.

17 Jurisdiction​ ​of​ ​the​ ​CombiCoin Sales

The legal entity selling CombiCoins, CombiCoin & Foundation, is registered in the Netherlands, under the laws of the Netherlands.

18 Force​ ​majeure

No CombiCoin Foundation Party is liable in any way for failure to perform due to any Force Majeure Event. By purchasing CombiCoin, or receiving and holding Tokens, to the extent permitted by applicable law, you agree that no other party (including, without limitation any CombiCoin Foundation Party) may be held liable for any Loss arising out of, or in any way connected to, any Force Majeure Event.

19 Complete​ ​agreement

19.1 These terms and conditions together with any terms and conditions published on the Website, set out the entire understanding between each Customer and CombiCoin Foundation and any other CombiCoin Foundation Party in relation to your Purchase of CombiCoin, or receiving and holding Tokens.

19.2 To the extent this document conflicts with the Website or any other document, this document prevails.

19.3 To the extent that these terms and conditions, any terms and conditions published on the Website conflict with translated copies, the English version prevails.

20 Severability

If any provision of these terms and conditions 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, which shall continue in full force and effect.

21 No​ ​waiver

The failure of CombiCoin Foundation to require or enforce strict performance of any provision of these terms and conditions or CombiCoin Foundation’s failure to exercise any right under these terms and conditions shall not be construed as a waiver or relinquishment of CombiCoin Foundation’s right to assert or rely upon any such provision or right (or any other provision and/or right contained this document in its entirety, as the case may be) in that or any other instance. The express waiver by CombiCoin Foundation of any provision, condition, or requirement of these terms and conditions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set out in these terms and conditions, no representations, statements, consents, waivers, or other acts or omissions by CombiCoin Foundation shall be deemed a modification of these terms and conditions or be legally binding.

22 Disclaimer​ ​of​ ​warranties

22.1 The Customer expressly agrees that the Customer is purchasing CombiCoin, and receiving and holding CombiCoin at their own risk and that CombiCoins are 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).

22.2 CombiCoin Foundation does not warrant that the process for purchasing CombiCoin, or receiving and holding Tokens will be uninterrupted or error free.

23 Exclusion​ ​of​ ​liability

No CombiCoin Foundation Party will be liable (whether in an action in negligence, contract or tort based on a warranty or otherwise) for any Loss even if CombiCoin Foundation or its representatives, or any CombiCoin Foundation Party are advised of the possibility of such Loss, howsoever caused as a result, directly or indirectly, of or arising from or in connection with:

(a) your purchase of CombiCoin or receiving and holding Tokens;

(b) any access, the use of, or inability to access or use, the Website;

(c) your reliance on or use of or inability to use the content and information of the Website or any linked website;

(d) any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure of the Website or any linked website;

(e) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website;

(f) unauthorised access to or alteration of your transmissions or data;

(g) statements or conduct of any third party on the Website; or

(h) any other matter relating to the Website.

24 Indemnity

You will indemnify CombiCoin Foundation Parties, from and against all Loss in any way arising out of your Purchase of CombiCoin, or receiving and holding Tokens, or your use of the Website.

25 Forward​ ​looking​ ​statements

25.1 the Website may include forward looking statements. Often, but not always, forward looking statements can be identified by the use of words such as “believes,” “expects,” “does not expect,” “is expected,” “targets,” “outlook,” “plans,”, “eta”, “scheduled,” “estimates,” “forecasts,” “intends,” “anticipates” or “does not anticipate” or variations of such words and phrases or statements that certain actions, events or results “may,” “could,” “would,” “might” or “will” be taken, occur or be achieved. Forward looking statements involve known and unknown risks, uncertainties and other factors which may cause the actual valuations or achievements of CombiCoin to be materially different from any future valuations or achievements expressed or implied by the forward looking statements. Although CombiCoin Foundation believes it has a reasonable basis for making these forward looking statements, you must not place undue reliance on such forward looking information. By its nature, forward looking information involves numerous assumptions, inherent risks and uncertainties, both general and specific, which contribute to the possibility that the predictions, forecasts and other forward looking statements will not occur.

25.2 By Purchasing CombiCoin, receiving and holding Tokens, or using the Website, you acknowledge and agree that you fully understand and accept the risks, and to the extent permitted by applicable law, you agree that no other party (including, without limitation any CombiCoin Foundation Party) will be held liable for any Loss arising out of, or in any way connected with your Purchase of CombiCoin, receiving or holding Tokens or use of the Website.

26 Acknowledgement

Usage and receiving Tokens may carry financial risk. You acknowledge and agree that in no event shall any CombiCoin Foundation Party be liable or responsible for any Loss in any way arising out of your Purchase of CombiCoin, receiving and holding Tokens, or use of the Website and all CombiCoin Foundation Parties are hereby released by the Customer from liability for any and all such Loss.