These Terms and Conditions set out specific provisions about the Whitelisting Process, which apply when you click the “Whitelist” button. You shall be deemed to accept these Terms and Conditions by clicking the “Whitelist” button appearing on the Fetch.AI website. The process that follows is referred to as the “Whitelisting Process”. The Whitelisting Process is carried out on behalf of Fetch.AI Foundation Pte Ltd, a private limited company incorporated in the Republic of Singapore, which shall be the issuer of the Fetch token (the “Issuer”).
- Ethereum address
- Personal identification numbers (such as national or government IDs (including passport information); driver license number, social security numbers, national insurance numbers; other in-country identification)
- Inclusion (if any) on sanctions lists or on public lists of disqualified directors or other positions of responsibility
- Information from public sources about actual or alleged financial crime or crimes that are a pre-cursor to financial crime
- Family circumstances information (e.g., your marital/civic partnership status and dependents) if you are a politically-exposed person (“PEP”) or a close associate of a PEP
- Financial information relevant to understanding your income or wealth (for example, bankruptcy or insolvency filings)
In connection with the Whitelisting Process, we use this Personal Information for legitimate business purposes, including for fraud and security monitoring purposes, and to carry out screening activities and risk management activities, in particular “know your customer and counterparty” requirements under anti-money laundering, anti-bribery, anti-corruption and economic sanctions regulation. We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.
THIRD PARTY SITES
After clicking the “Whitelist” button, you will leave the Fetch.AI website and will be entering information directly on a third party site.
An invitation to participate in the Whitelisting Process does not imply any offer for sale of Fetch tokens.
Participants in the Whitelisting Process must provide true and accurate information, and shall not employ any technical tools to defeat geoblocking or other measures that are employed to try to prevent ineligible users from participating in the Whitelisting Process.
Participating in the Whitelisting Process does not guarantee the right to receive Fetch tokens. Users should take note of the instructions for the Whitelisting Process.
You are solely responsible for entering your wallet details correctly during the Whitelisting Process. You are also solely responsible for keeping your wallet secure and ensuring the privacy of your private key. No other person, including the Issuer, shall have any liability to you for loss suffered as a result of your failure to keep your private key secure or in the event that the security of your wallet is compromised.
USERS ARE HEREBY ADVISED AND WARNED TO EXERCISE EXTREME CARE AND BE ALERT FOR, SPOOFING OR HACKING ATTACKS FROM THIRD PARTIES UNCONNECTED WITH FETCH.AI. USERS SHOULD ALWAYS KEEP THEIR CREDENTIALS SECURE AND SHOULD CONFIRM THE AUTHENTICITY OF ANY ANNOUNCEMENTS RELATING TO TRANSACTIONS REGARDING THE FETCH TOKEN.
IF YOU ARE ACCEPTED FOR WHITELISTING AND YOU WISH TO PROCEED WITH A PURCHASE OF FETCH TOKENS
BY PARTICIPATING IN THE ISSUER’s TOKEN SALE, WHETHER BY REGISTERING (OR BEING “WHITELISTED”) FOR PARTICIPATION, SUBMITTING ANYTHING OF VALUE TO THE ISSUER IN EXCHANGE FOR THE ISSUANCE OF FETCH TOKENS OR OTHERWISE, YOU ARE INDICATING THAT: (A) YOU HAVE READ AND UNDERSTAND THE MOST RECENT VERSION OF THE FETCH.AI WHITEPAPER ON THE FETCH.AI WEBSITE, INCLUDING THE “IMPORTANT DISCLAIMER AND CONDITIONS ON INFORMATION ON THIS SITE”, THE “CAUTION REGARDING FORWARD-LOOKING STATEMENTS” AND OTHER DISCLAIMERS AND STATEMENTS SET FORTH THEREIN OR INCORPORATED BY REFERENCE (B) YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND OF SUFFICIENT LEGAL AGE AND CAPACITY TO PURCHASE FETCH TOKENS; AND (C) YOU ARE NOT LOCATED IN, OR A RESIDENT OR CITIZEN OF, A JURISDICTION IN WHICH IT IS ILLEGAL TO PURCHASE CRYPTOGRAPHIC TOKENS OR WHERE IT WOULD BE ILLEGAL FOR THE ISSUER TO SUPPLY SUCH TOKENS TO YOU, AND YOU HAVE COMPLIED AND WILL COMPLY WITH ALL APPLICABLE LAWS (INCLUDING ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING RESTRICTIONS).
You hereby irrevocably represent and warrant to the Issuer the following:
- You have read and accepted the terms and conditions set out on the Fetch.AI website.
- You have full legal capacity, power and authority to purchase the Fetch tokens.
- You are acquiring the tokens for your own personal use and utility, to participate in in the Fetch.AI platform, and not for investment or for financial purposes. You have been advised that, notwithstanding the foregoing, a Fetch token may be a security under the laws of certain jurisdictions and, when issued, the Fetch tokens issuable hereunder may be securities under the laws of certain jurisdictions, and that the offers and sales of the Fetch tokens have not been registered under any country’s securities laws and, therefore, cannot be resold except in compliance with each applicable country’s laws.
- You represent and warrant that the information that you have supplied during the Whitelisting Process is true, accurate correct and not misleading in any respect.
- You are familiar with the technology, business environment, regulatory environment and other factors related to and affecting blockchain-based projects and innovations, smart contracts and the issuance and sale of cryptographic tokens. You further confirm that you have sufficient knowledge and experience in business and financial matters to be able to evaluate the risks and merits of acquiring the Fetch tokens and are able to bear the risks thereof, are able to incur a complete loss of the consideration paid to purchase the Fetch tokens without impairing your financial condition and are able to bear the economic risk of not receiving the Fetch tokens or any return of such consideration paid for an indefinite period of time.
- You understand and expressly accept that you have not relied on any representations or warranties made by the Issuer or any other person, including, but not limited to, conversations of any kind, whether through oral or electronic communication, or any presentation, technical paper, white paper, social media content or website or other electronic posting.
- The Fetch tokens do not entitle, and you have no expectation whatsoever of the Fetch tokens providing to, you or any other person any voting or economic interests whatsoever, any right to any distribution or share of the revenue or profits of the Issuer or any other person at any time, any right to redeem the Fetch tokens in return for any amount of money, goods or services, any commitment of value as to the Fetch tokens from the Issuer or any person, or any other rights or interests whatsoever.
- Neither you nor any of your affiliates, nor any director, officer or employee thereof, nor, to the your best knowledge after due inquiry, any agent or representative of any of the foregoing (i) is currently subject to any economic sanctions or trade embargoes administered or imposed by the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury, the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury or any other relevant authority (collectively, “Sanctions”) or (ii) resides, is organized or chartered, or has a place of business in a country or territory that is currently the subject of Sanctions (including, without limitation, the Crimea region of the Ukraine, Cuba, Iran, North Korea, Sudan and Syria); and you represent and covenant that you have not knowingly engaged in, are not now knowingly engaged in, and will not engage in, any dealings or transactions with any person, or in any country or territory, that at the time of the dealing or transaction is or was the subject of Sanctions.
- You have accessed and/or received the Fetch.AI Whitepaper legitimately in any jurisdiction to which you are subject.
By submitting any cryptocurrency or anything else of value to the Issuer, you are expressly acknowledging your agreement to the foregoing. If you do not agree with the foregoing, do not participate in the Issuer’s token sale.
NO PUBLIC OFFER IN THE UNITED STATES
The Fetch tokens will not be publicly offered or sold in the United States.
NO PUBLIC OFFER IN JURISDICTIONS WHERE RESIDENTS ARE NOT PERMITTED TO PURCHASE CRYPTOGRAPHIC TOKENS OR IN ANY OTHER JURISDICTION SUBJECT TO SANCTIONS
The Fetch tokens will not be publicly offered or sold in the People’s Republic of China or any other jurisdiction with prohibits the purchase or sale of cryptographic tokens.
The Fetch tokens are not available to purchase by any national or person residing in a country subject to Sanctions. If you are such a national or person, please do not continue with the Whitelisting Process.
SPECIAL NOTICE IN RELATION TO THE REPUBLIC OF SINGAPORE
The Fetch tokens are not securities or units in a collective investment scheme or business trust, each as defined under Singapore’s Securities and Futures Act (Cap. 289) (“SFA”). Accordingly, the SFA does not apply to the offer and sale of the Fetch tokens. For the avoidance of doubt, the Whitelisting Process does not need to be accompanied by any prospectus or profile statement, and no prospectus or profile statement needs to be lodged with the Monetary Authority of Singapore.
LAST UPDATED 16 AUGUST 2018