TERMS AND CONDITIONS
Last revised: May 11th 2022
These GALEON Token Sale Terms and Conditions (the “Terms and Conditions”) are the terms and conditions upon which GALEON, a société par actions simplifiée incorporated in France within the company registry of Créteil under number 821 546 835 and a registered office at 8 Avenue du Pré Closet - 74940 Annecy-le-Vieux, France (the “Seller”) sells and transfers to You (the “Buyer”) GALEON Tokens.
Please read this Agreement carefully before purchasing GALEON Tokens, as it sets out and explains Your legal rights and obligations.
By purchasing tokens issued by GALEON, the project of which is described in the Whitepaper 2022, you will automatically be bound by these Terms and Conditions, to which the purchase of GALEON Tokens is subject.
We strongly recommend that you do not purchase GALEON Tokens, if you are not an expert in cryptocurrencies and blockchain technology. Even if you have knowledge of the technology, you should consult your own lawyer, accountant and other professionals whereso required. The Seller will not be responsible in any way for any loss incurred by you resulting from the purchase of these GALEON Tokens.
By purchasing GALEON Tokens, using or otherwise accessing the Website, creating or registering an account, downloading content or other information, you shall be deemed to acknowledge that you do so with full consent and full knowledge of these Terms and Conditions having first obtained legal advice as to the full force and effect of these Terms and Conditions. Your participation will be deemed to be your undertaking that you satisfy this requirement and shall be deemed to be your unequivocal and express agreement to be bound by these Terms.
Please visit the Website and read the 2022 White Paper (as defined below) for yourself. The Website and the 2022 White Paper provide a non-binding description of the platform currently being developed and the Services that will be offered by the Seller.
Administrator - Token Generator and/or any third-party service provider contracted by the Token Generator in connection with the Token Sale.
Agreement - this Agreement exclusively.
AML - Anti Money Laundering.
Beneficial Owner – a natural person who ultimately owns or controls the Buyer and/or the natural person on whose behalf a transaction or activity is being conducted.
Blockchain – the underlying blockchain technology on which the GALEON Token is issued.
Buyer - the purchaser of the GALEON Tokens, “Purchaser” “purchaser” “you”, “You” “your”, or “yourself”.
GALEON Platform - the platform allowing you to discover the GALEON project and the services under development.
GALEON Token(s) – digital asset issued by GALEON. The GALEON Token is considered as a digital asset under French law and more precisely in accordance with article L. 552-2 of the French Monetary and Financial Code.
The GALEON Token(s) shall be considered as digital asset (actif numérique) under French law and more precisely pursuant to Article L. 552-2 of the French Monetary and Financial Code.
Prohibited Person - a person who is not eligible to purchase GALEON Tokens under this Agreement by virtue of Clause 11.
Program - means the program selected by Purchaser hereunder, the features of which are as follows:
- Program 1: 1 year vesting of GALEON Tokens purchased with the total bonus of 5% included;
- Program 2: 2 years of vesting of GALEON Tokens purchased with the total bonus of 10% included;
- Program 3: 3 years of vesting of GALEON Tokens purchased with total bonus of 30% included;
Registered Buyer - those Buyers who have purchased GALEON Tokens and the purchase has been registered by the Seller, and “You”, “Your” or “Yours” in these Terms and Conditions.
Sales Deck - the description on a non-binding basis of the project and of the ecosystem of the GALEON Token, shared with the Buyer for instance via the website of the Token Generator. The Sales Deck may be modified and changed from time to time and is hereby incorporated for reference purposes only.
Schedule - any Schedule referred to or annexed to this Agreement and which is an integral part of it.
Seller – GALEON, and “Us”, “We” or “Ours” in these Terms and Conditions.
Services - means the services that will be provided by the Seller and/or its affiliates, as described on a non-binding basis on the Website and the 2022 White Paper (as amended or changed from time to time).
Supply (or reserve) – means the quantity of GALEON Tokens Stored by GALEON as a supply, representing in total 20% of the maximum quantity of Tokens (4,000,000,000), i.e. 800,000,000 GALEON Tokens
Terms and Conditions - the terms and conditions contained in this Agreement.
This Jurisdiction - means France.
Token Generator - means the Seller.
Token Sale - means the present GALEON Tokens sale.
Website – means the GALEON Token sale website at https://www.galeon.care and https://blockchain.galeon.care Erreur ! Référence de lien hypertexte non valide.
2022 White Paper - the description (on a non-binding basis) of the project and of the ecosystem of the GALEON Token made available at https://docsend.com/view/ahhmsaibyr5bya4j. The 2022 White Paper may be modified and changed from time to time and is hereby incorporated for reference purposes only. The 2022 White Paper describes, for informational purpose only, the project, the specificities of the sale of the GALEON tokens, the details of the Token Sale, the technical partners and security technologies used.
WHEREAS, the Seller (and/or its affiliates) has developed and is still (and/or are) developing the GALEON Platform.
WHEREAS, the GALEON Tokens are not investment tools and therefore this Agreement shall not be considered as or represent any kind of offer to purchase and/or the sale of any financial security or security tool or any kind of investment option.
WHEREAS, in the context of an initial coin offering (ICO), initiated in 2021 and launched without the optional visa from the French Autorité des Marchés Financiers, the Seller has issued 4,000,000,000 GALEON Tokens.
The allocation of the GALEON Tokens has been made as follows:
Stratégic selling (« seed »)
Public offering – phase 1
Public offering – phase 2
Supply - Operations
Staking and rewards
Ecosystem growth and Airdrop
WHEREAS, the Seller hereby offers to sell to the Buyer a portion of the Tokens from the Supply (Réserve).
WHEREAS, the GALEON Tokens were listed on the Pancakeswap exchange platform on March 10th 2022.
WHEREAS, the Buyer wants to purchase the GALEON Tokens and acknowledges and agrees to abide by the Terms and Conditions.
NOW THEREFORE, in mutual consideration of the covenants and agreements contained herein, the Seller and the Buyer agree as follows:
Unless the context of this Agreement otherwise requires:
- words of any gender include all other genders;
- words using the singular or plural also include the plural or singular respectively;
- the terms “hereof”, “hereby”, “hereto” and derivatives of similar words refer to this entire document;
- the word “including” shall mean “including without limitation”.
The Terms and Conditions are only in respect of the sale and purchase of the GALEON Tokens. Any potential future use of the GALEON Tokens is in connection with the Services provided by the Seller and its affiliates on the GALEON Platform which will be governed by other applicable terms and conditions. These Services will be made available at the sole discretion of the Seller and its affiliates on the Website.
SERVICES – GALEON PLATFORM – GALEON TOKENS
- The Buyer acknowledges and agrees that the GALEON Tokens will be used as described in the 2022 White Paper (see Section 2 of the 2022 White Paper - The GALEON Platform).
- The Buyer acknowledges and agrees that the GALEON Token does not have attached to it any rights, neither express nor implied, other than the envisaged usage in the 2022 White Paper.
- The Buyer, upon purchasing GALEON Tokens, acknowledges and agrees that they will not have any rights in, shares, security, ownership or any such other rights or any future rights to receive them, nor any intellectual property rights in the Seller and its affiliates.
The GALEON Tokens are not intended to be any form of:
- commodity; or
- any form of financial instrument.
Purchasers should have no expectation of influence over the Seller, including no governance right on the Seller and no access to its shareholders’ general meetings as well as no rights to the Seller’s earnings nor other interests in the Seller such as dividends.
Nothing in these Token Terms and Conditions shall be considered to constitute a prospectus of any sort whatsoever or a solicitation of investment of any kind. These Token Terms and Conditions are not an offering to buy or sell any securities in any jurisdiction.
Purchaser declares that the Seller has not solicited it in any form whatsoever, and that it has contacted the Buyer directly to buy GALEON Tokens.
- IN PURCHASING THE GALEON TOKENS, THE BUYER ACKNOWLEDGES AND AGREES THAT BUYER FULLY UNDERSTANDS THAT THE SERVICES ARE STILL IN THE DEVELOPMENT STAGE AND ARE NOT YET AVAILABLE.
- The Buyer acknowledges and agrees that he or she fully understands that the Services supplied for the use of the GALEON Tokens form no part of this Agreement and are still in the development stage.
- The Buyer acknowledges and agrees that the development of the applications and software for the use of the Website and the related mobile application may give rise to changes in the Services supplied in exchange for the GALEON Tokens.
OFFER AND SALE
- The Seller offers for sale to the Buyer GALEON Tokens in accordance with the Terms and Conditions.
- The Buyer agrees to purchase GALEON Tokens offered for sale from the Seller in accordance with the Terms and Conditions.
- The Seller will transfer to the Buyer the number of Tokens purchased, according to the Program chosen by the Buyer.
- The Seller will register the purchase of the GALEON Tokens, the number of GALEON Tokens purchased and the full contact details of the Buyer.
- The Seller will send updates and information to Registered Buyers in respect of the development and launch of the Platform and Services as described in the 2022 White Paper.
- The number of available GALEON Tokens is entirely the preserve of the Token Generator.
- When selling GALEON Tokens, the Seller shall offer the Purchaser one (1) Euro or one
(1) BNB to cover the costs of using the blockchain when delivering the GALEON Tokens.
- The Tokens are sold at the rates in force, i.e. at the rate indicated on the https://pancakeswap.finance/swap website on the day the order is registered by the Seller.
The website https://pancakeswap.finance/swap is the exchange platform on which GALEON Tokens can be exchanged. The price of the Token may change, particularly according to the supply and demand.
The prices take into account any discounts that may be granted by the Seller, depending on the Program chosen by the Buyer.
- The price of the GALEON Token may be modified at the sole discretion of the Seller. The Seller does not guarantee that the price will remain fixed; it may change at any time.
- Buyers may pay in any currency, cryptocurrency or digital asset that is allowed under these Terms and Conditions. The exchange rate will be determined from time to time, according to the current market price provided by the Seller, on the Website.
The price is payable in full on the day the order is placed by the Buyer, by secure payment, in the following ways by credit cards :
- by Bank Card, Visa, MasterCard, American Express, other credit cards;
- by bank transfer; or
- by transfer from Buyer’s electronic wallet to GALEON’s electronic wallet.
- For the avoidance of doubt, the purchase price is per GALEON Token, multiplied by the number of GALEON Tokens purchased. An invoice will be sent to the customer after the sale of the GALEON Tokens.
- In some circumstances, a small administration fee may be charged. These costs will be detailed on the invoice.
TOKEN PURCHASE PROCEDURE AND DELIVERY
- The Seller reserves the right to amend and modify this Token Sale Terms and Conditions and this Token Sales Procedure at any time.
- The Buyer should register its interest in the purchase of GALEON Tokens. This will be done through the Website which will require the Buyer to open an account.
- Some information will be collected through our KYC identity verification provider.
- Instructions and a description of the procedures concerning the purchase and payment of GALEON Tokens will be provided by the Seller upon registration and opening of an account by the Purchaser.
- Authorised payment methods:
STABLECOIN: USDT, USDC, and BUSD
- FIAT CURRENCY: EURO
- Payment will not be deemed received until such a time as the entire purchase price, in whichever currency or cryptoasset, has been paid in full. Any foreign exchange charges are the sole responsibility of the Buyer and no deduction must be made against the purchase price.
- Failure to follow the instructions and procedures provided by the Seller or payment by any other means than those authorized are not accepted by the Seller.
- THE BUYER ACKNOWLEDGES THAT HE OR SHE WILL ACCEPT THE QUANTITY OF GALEON TOKENS ALLOCATED BY THE SELLER IF THE QUANTITY OF GALEON TOKENS REQUESTED IS NOT AVAILABLE.
- In the event that the purchase of GALEON Tokens is not completed or fails for merely technical reasons, the Seller agrees to return to the Buyer any amount paid, less any reasonable transaction costs, (e.g. bank transaction costs) to the originating source only. This clause applies if the transaction is not subsequently completed.
- The Seller reserves the right to refuse a GALEON Token request application on any grounds, including, but not limited to, the following reasons:
- if the Buyer fails to provide any of the requested information by the Buyer;
- if, to the complete satisfaction of the Seller, the Buyer’s identity cannot be verified;
- if any regulatory changes become adverse to the issuing of the GALEON Tokens and/or continuance of the Services;
- the Buyer fails to give accurate or gives false information on the application or if the KYC service provider of the Seller rejects the application for any reason; or
- if the Buyer is a Prohibited Person.
- The Seller may determine, at its sole discretion, that it is necessary to obtain certain information about the Buyer in order to comply with applicable laws or regulations in connection with selling GALEON Tokens to the Buyer. The Buyer agrees to provide the Seller with such information promptly upon request. The Buyer acknowledges that the Seller may refuse to sell GALEON Tokens to the Buyer until the Buyer provides such requested information and has determined that it is permissible to complete the purchase.
- Upon completion of the purchase of the GALEON Tokens in accordance with these Terms and Conditions, the Seller will deliver the purchased GALEON Tokens in accordance with the instructions described on the Web Site
The Seller reserves the right, at its sole discretion, to extend the release time of GEALON Tokens, including in the event of technical or cybersecurity issues or for other reasons deemed legitimate by the Seller.
- For the avoidance of doubt, any extension of the release time of the GEALON Tokens shall not affect the obligation of the Seller to make delivery to the Buyer of the purchased GEALON Tokens.
- The GEALON Tokens are non-refundable under any circumstances and the Seller gives no guarantee and makes no representations as to the future value of the GEALON Tokens.
The Buyer has, in accordance with the law, a withdrawal period of 14 days from the conclusion of the contract to exercise his right of withdrawal from the Seller and cancel his order, without having to justify, explain the reasons of such withdrawal or pay penalties, for reimbursement.
The right of withdrawal can be exercised by e-mail (email@example.com) or by mail (8 Avenue du Pré Closet - 74940 Annecy-le-Vieux, France) using the withdrawal form in Appendix 2.
The right of withdrawal may also be exercised by the Buyer by means of an unambiguous statement expressing the will to withdraw and mentioning the order concerned by this withdrawal.
If the right of withdrawal is exercised within the above-mentioned period, only the price of the GALEON Tokens ordered shall be refunded.
The reimbursement of the sums actually paid by the Buyer shall be made within 14 days from the date of receipt by the Seller of the notification of the Buyer's withdrawal.
WALLET - TERMS OF DELIVERY
- The Seller will deliver the GALEON Tokens to the Buyer in accordance with the instructions described on the Website.
- The GALEON Tokens purchased by the Buyer hereunder shall be locked in a smart contract created by the Company and delivered to the Buyer in accordance with the Program selected by the Buyer at the time of purchase in accordance with the applicable vesting period.
- Subject to these conditions, the Buyer may claim and receive GALEON Tokens directly into his compatible wallet. Depending on the Program selected, the amount of GALEON Tokens claimed will be automatically transferred from the smart contract address to the Buyer’s address.
- The Buyer must keep the wallet and its security protocols safe and not share them with any other person.
- THE BUYER MUST PAY PARTICULAR ATTENTION TO THE INSTRUCTIONS DESCRIBED ON THE WEBSITE, ESPECIALLY REGARDING THE RECEIPT OF THE GALEON TOKENS AND MUST, IF NECESSARY, CONTACT THE CUSTOMER SERVICE (HELP@GALEON.CARE) IN CASE OF DOUBT.
- As a reminder, we strongly recommend that you do not purchase GALEON Tokens if you are not an expert in crypto-assets and blockchain technology. Even if you have knowledge in this technology, you should consult your lawyer, accountant and other professionals if necessary. The Seller will not be responsible in any way for any losses you may incur as a result of purchasing said GALEON Tokens.
ANTI MONEY LAUNDERING (AML) POLICY
- Money laundering activities can take many forms, from a single act to multiple, sophisticated and complex schemes. Money that flows from one person to another or from one company to another is manipulated and passed through multiple owners in order to conceal its source.
- The Third European Directive 2005/60 / EC, the Implementing Directive 2006/70 / EC, the Fourth Directive (EU) 2015/849, the Fifth Directive (EU) 2016/0208, impose legal obligations on all companies with respect to money laundering.
- This is a very limited part of the full internal company AML policy.
ANTI MONEY LAUNDERING VERIFICATION
- The Token Generator and Administrator will:
- require verification of the identity of the Buyer;
- require, in some situations (examples include, but are not limited to, large transactions, high-risk transactions or inconsistencies according to our records), additional information (examples include, but are not limited to, proof of source of funds).
If the verification evidence supplied does not meet with AML requirements, Token Generator or the Administrator will not allow the participation to the Token Sale and will return possible obtained funds minus the administration fee referred to in Clause 5.5 above, without interest, to the originating source at the Buyer’s expense.
The Buyer acknowledges and agrees to release the Token Generator and Administrator from all and any claims for loss that it may suffer as a result of this action and hereby waives such claims.
The Buyer hereby declares that he or she will indemnify the Token Generator and the Administrator and each of them, against all and any losses that the Token Generator or the Administrator could suffer from or in connection with a failure to process purchase of the GALEON Tokens.
- The Buyer acknowledges and agrees that he or she is aware of the AML reporting requirements and that any report will not be treated as or considered a breach of privacy but as a legal obligation on behalf of the Token Generator or Administrator.
- The Buyer confirms that he or she is not a Prohibited Person (see Clause 11).
- If the Buyer has any Beneficial Owners, he or she confirms that he or she has undertaken all reasonable due diligence and that the Beneficial Owner is not a Prohibited Person.
- In accordance with the French Data Protection Act of January 6, 1978, reinforced and completed by the RGPD (General Data Protection Regulation) which came into force on May 25, 2018, the Buyer has, at any time, the right to access, rectify, object to, delete and port all of his or her personal data by writing, by mail and proving his or her identity, to the Seller's address: 8 Avenue du Pré Closet, 74940 Annecy-le-Vieux, France, or by email to the following address: firstname.lastname@example.org
You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated or other individuals, in connection with these Terms and Conditions, or the Services. Accordingly, you represent and warrant that:
- your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;
- Persons from the following countries will be ineligible to purchase GALEON Tokens during the Token Sale: Afghanistan, Albania, Angola, Azerbaijan, Bosnia Herzegovina, Bahamas, Barbados, Burma, Botswana, Burkina Faso, Burundi, Cayman Islands, Cambodia, Cameroon, Crimea (Ukraine), Chad, China, Congo, Democratic Republic of Congo, Cuba, Ethiopia, Eritrea, Fiji, Palau, Ghana, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Jamaica, Jordan, Lao People’s Democratic Republic, Uganda, Liberia, Libya, Madagascar, Mali, Malta, Morocco, Mozambique, Nicaragua, Nigeria, North Korea, Pakistan, Panama, Philippines, Puerto Rico, Russia, Senegal, Somalia, Sri Lanka, Sudan, Syria, Tajikistan, Trinidad and Tobago, Turkey, Turkmenistan, United States, Uzbekistan, Vanuatu, Venezuela, U.S. Virgin Islands, Yemen, Zimbabwe.
- The Token Generator and/or the Administrator will undertake verification of nationality and other identifiers.
- Persons under the age of 18 will be ineligible to purchase GALEON Tokens.
- Politically Exposed Persons (PEP) will be ineligible to purchase GALEON Tokens.
ACKNOWLEDGEMENT OF RISK
- You represent and warrant that You fully understand and have significant experience of cryptocurrencies, digital assets, blockchain systems and services, and You fully understand the risks associated with the trading of cryptocurrencies and digital assets as well as the mechanics related to the use of such cryptocurrencies and digital assets (including with respect to their storage and exchange).
- You acknowledge that trading markets are extremely volatile and shift quickly in terms of liquidity, market depth, and trading dynamics.
- You represent and warrant that You are not entering into transactions that are above Your financial abilities. Also, cryptocurrencies and digital assets are not suitable for people without the relevant knowledge and/or experience. You further represent and guarantee that You are aware of the risks related to cryptocurrencies and digital assets, for which You are solely responsible and liable.
- The Buyer acknowledges and agrees that there are risks associated with purchasing GALEON Tokens, owning GALEON Tokens, and using GALEON Tokens for the provision or receipt of Services of the Seller and its affiliates. By purchasing GALEON Tokens, the Buyer expressly acknowledges and assumes these risks.
- The Buyer acknowledges and agrees that he or she has sufficient understanding and knowledge of the technical and business matters (including those being developed by the Seller, cryptocurrency storage systems, e.g., wallets) to understand this Token Sale and to appreciate the risks and implications of purchasing GALEON Tokens.
- The Buyer acknowledges and agrees that he is aware that crypto-currencies and digital assets operate in a network without intermediaries and do not benefit from legal tender, unlike currencies issued by central banks. Their value is not guaranteed and depend on unregulated markets. Therefore, You acknowledge and agree that if the platform and the Services are finally not developed or cannot function properly, the GALEON Tokens will not be refunded which is a significant risk that You accept. Moreover, there is no guarantee of liquidity with respect to the GALEON Tokens as well as the existence of a secondary market. As a result, The Buyer may not be able to sell its GALEON Tokens easily or at prices that would provide him with a valuation gain comparable to similar investments benefiting from a developed secondary market.
REPRESENTATION, WARRANTIES AND COVENANTS
You hereby agree that by purchasing the GALEON Token(s), you warrant and represent the following to be true:
- You are not a Prohibited Person. If you purchase the GALEON Token(s), we are deeming the purchase to be your undertaking that you are not a Prohibited Person.
- You have not received advice from the Seller or any employee or agent of the Seller regarding purchasing the GALEON Token(s).
- You are legally permitted to purchase and hold the GALEON Token(s) in your jurisdiction.
- You are of legal age to purchase and hold the GALEON Token(s) and are not aware of any legal reason preventing you from so doing in your jurisdiction or in this jurisdiction.
- You are of sound mind and have the requisite power and authority to understand and agree to these Terms and Conditions and to carry out and perform the obligations as set out hereunder.
- You will supply all AML and KYC documentation required as set out in these Terms and Conditions and any other such documentation that may be so reasonably required by the Seller or the Administrator from time to time to fulfil any legal, regulatory or other obligation.
- The funds you provide including any fiat, cryptocurrency have not been derived from or related to any unlawful activity including but not limited to money laundering, terrorist financing and furthermore you agree that you will not use the GALEON Tokens, Website, account, Technology or Platform for unlawful purposes, including, but not limited to, sending or storing any unlawful material or for fraudulent purposes. The Seller reserves the right to terminate your use thereof should you use or attempt to use the GALEON Tokens, Website, account, Technology or Platform for unlawful purposes, including, but not limited to, sending or storing any unlawful material or for fraudulent purposes.
- You will notify us of any change in the information you supply to us.
- You will only use the Website, account, Technology and GALEON Platform for your personal and sole use and will not resell it to a third party.
- You will not authorise others to use your account.
- You will not assign or otherwise transfer your account to any other person or legal entity; You will not use an account that is subject to any rights of a person other than you without appropriate authorisation.
- You will not use the Website, account, GALEON Token(s), Technology or GALEON Platform to cause nuisance, annoyance, or inconvenience.
- You will not impair the proper operation of the Business of the Seller.
- You will not try to harm the Business of the Seller or the GALEON Tokens, in any way whatsoever.
- You will keep secure and confidential your account password or any identification we provide you which allows access to any of the account or GALEON Token(s). You will only use an access point or other data account which you are authorised to use.
- You hereby note you are solely responsible for your own tax liability, if any, in relation to the GALEON Token(s) which may adversely affect you including but not limited to withholding taxes, income tax, VAT, CGT or other applicable taxes
- You will hold a suitable online or offline wallet or storage mechanism to support the GALEON Token(s).
- In accordance with the legal provisions, the Tokens sold by the Seller benefit from and without additional payment, independently from the right of withdrawal:
- the legal guarantee of conformity, for the apparently defective Tokens or not corresponding to the order,
- the legal warranty against hidden defects resulting from a design defect affecting the Tokens delivered and making them unfit for use, under the conditions and according to the terms set out in the boxes below and defined in Appendix 1 to these Terms and Conditions (Warranty of Conformity / Warranty of Hidden Defects).
In order to assert his rights, the Buyer shall inform the Seller, in writing, of the non-conformity of the Tokens within a maximum of one (1) month from the delivery of the Tokens or from the discovery of the hidden defects within the above-mentioned deadlines.
The Seller shall not be held liable in the following cases:
- non-compliance with the legislation of the country in which the Tokens are delivered, which it is the Purchaser's responsibility to verify,
- in case of misuse, negligence or force majeure.
The Seller's warranty is, in any event, limited to the replacement or refund of non-conforming or defective Tokens.
LIMITATION OF LIABILITY
- To the maximum extent permitted by law and any regulatory provisions to which We are subject to, You acknowledge and agree that the entire risk arising out of Your participation in and purchasing of the GALEON Tokens is entirely Yours and remains with You at all times, before, during and after such risk may apply.
- Our aggregate liability for any circumstance or event arising out of or in connection with these Terms and Conditions will be limited to, and will in no event exceed, the amount You have paid to purchase the GALEON Tokens during the Token Sale. The limitations of damages set forth in this Clause is a fundamental element of the basis of the bargain between Us and You.
- The Buyer should always ensure the security of any password, account number issued, or any other type of secret code.
- The Buyer must not share his password, account number and secret codes with any other person.
- The Seller will not be liable, under any circumstances, for any loss or damage incurred by the Buyer in respect of any breach of security in respect of his password, account number and secret codes.
- If the Buyer suspects or knows of any breach of security of his password, account number or secret codes he or she must report it to the Seller immediately.
CHANGES TO THIS AGREEMENT
- These Terms and Conditions may be revised or updated from time to time. Accordingly, you should check the Terms and Conditions for updates. You can determine when the Terms and Conditions were last revised by referring to the “Last Revised” legend at the top of this document.
- Each time you access our Website, or upon the purchase of any GALEON Tokens, You signify Your acceptance of the then-current Terms and Conditions.
- Any changes in these Terms and Conditions take effect upon posting and apply only to your use of our Website and the Terms and Conditions of the purchase of any GALEON Tokens or information collected from you on and after Last Revised date, unless we have other communications with you.
- We may make changes to the Website or the Terms and Conditions of the Token Sale at any time.
- You understand and agree that We may discontinue or restrict Your use of our Website or associated mobile application at any time for any reason or no reason with or without notice and without reference to You and there is no right of appeal.
- It is Your responsibility to collaborate with Us whilst we ensure that Your personal data held on this Site is always up to date.
You agree to release, indemnify, and hold Us and Our contractors, sub-contractor, affiliates and subsidiaries and agents and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Your violation of any of these Terms and Conditions.
- If you choose to purchase GALEON Tokens, you do so entirely at your own risk and, to the fullest extent permitted by applicable law, subject to the terms contained in this clause.
- You acknowledge and agree that we do not have any obligations, whatsoever, or under any circumstances, to conduct any checks not required by applicable law, including but not limited to, background checks, on any Buyer.
- We will only make such checks as are required by law or in our opinion reasonably necessary in order to offer the GALEON Tokens in the Token Sale.
- You hereby acknowledge and agree that the GALEON Tokens and Token Sale as well as the Website or associated mobile application are made available ‘as is’ and ‘as available’, with no warranties of any kind whatsoever and that, without prejudice to the generality of the foregoing, we make no warranty regarding, and shall have no responsibility for, the accuracy, availability, reliability, security, fitness for purpose or performance of the same.
- We make no warranty that the Token Sale, including but not restricted to, any information provided via any communication will meet Your requirements or will be available or made available in an uninterrupted, secure or error-free basis.
- We make no warranty in respect of the quality of any content, truthfulness, completeness or reliability of any content obtained through the Website
- No advice or information, whether either oral or in writing, obtained from Us or Our website will create any warranty expressly or otherwise, herein.
- We disclaim any liability for interruption, delay or errors in use and is not liable for any loss whatsoever whether direct, indirect or consequential loss to the purchase of GALEON Tokens.
- The Seller does not guarantee, warrant or represent that any item downloaded from the Internet on this Website is free from viruses. You are explicitly responsible for implementing appropriate procedures, anti-virus protection and software to protect yourself and your data. In this regard, The Seller is not liable for any damage caused to your equipment due to the use of the Website or through material posted on or linked to any Website. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us Your use is entirely at your own risk.
- The Seller bears no responsibility for the success or otherwise of the GALEON Token(s), You hereby acknowledge that the GALEON Token is in development stage and therefore the Seller cannot provide any warranty whatsoever in relation to the success or otherwise of the Token. The GALEON Token may have no value and you as Purchaser may lose all amounts paid. The Purchaser agrees, understands and assumes all risks in relation to purchase of GALEON Tokens.
- Third-Party Links. The Website may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Website, you do so at your own risk, and you understand that these Terms do not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
- We will make reasonable efforts to ensure that requests for your GALEON Token purchase are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
- The regulatory status of the GALEON Token(s), remains unclear or unsettled in many jurisdictions. Indeed some jurisdictions may implement legislation that will affect the GALEON Token(s), The Seller accepts no liability in relation to regulatory action that may be taken or which may affect the Seller in the future. Furthermore the Seller may cease operations in a jurisdiction which takes regulatory action, changes laws adversely or makes it commercially undesirable to trade in such jurisdiction.
- The Buyer acknowledges and agrees that the purchase of GALEON Tokens does not give the Buyer any rights in the form of equity or debt interest in the Seller and/or its affiliates. The Buyers rights are strictly limited to those set out under these Terms and Conditions.
- The Buyer acknowledges and agrees that in purchasing these GALEON Tokens, the Buyer is subject to and bound by these Terms and Conditions, as may be amended from time to time.
- The Buyer acknowledges and agrees that the Buyer may only access the Website using authorised means. The Seller is not liable if you do not have a compatible mobile device, computer, operating system, browser, or any other software or hardware with which the Technology is not compatible.
- You must immediately notify us of any known or suspected unauthorised use of your account or any known or suspected breach of security, including, but not limited to loss, theft, or unauthorised disclosure of your password. YOU ARE RESPONSIBLE FOR ALL ACTIVITY IN YOUR ACCOUNT. Any fraudulent, misleading, abusive, or illegal activity may be grounds for termination of your account at our sole discretion and we may refer you to appropriate law enforcement agencies in this jurisdiction or any other appropriate jurisdiction.
- Any reference to statute, enactment, order or regulation or other similar instrument made in this Agreement, shall be construed as a reference or instrument as it is force for the time being taking into account any amendment, extension, application, consolidation or re- enactment and includes all and any subordinate legislations for the time being in-force.
- In the event that one or more of these Terms and Conditions or any part thereof being or becoming invalid, illegal or unenforceable in any respect, it shall to the extent of such invalidity, illegality or unenforceability be deemed to be severed and removed and all remaining terms shall remain in full force and effect.
- This Agreement constitutes the entire Agreement (this to include any other provisions referred within this Agreement) and supersedes any and all previous agreements.
- Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or by our posting notices to your account. You agree that you are able to print the communications for your records. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. To tell us you do not want legal notices sent electronically, and for any other notices under this Agreement, send the notice in writing and by certified and registered mail to 8 Avenue du Pré Closet - 74940 Annecy-le-Vieux - FRANCE.
- The e-mail address you provide during the registration process will be the e-mail address we will use for all GALEON Token related communications to you. We may also send you messages directly via your account. It is your responsibility to monitor these messages and respond in an appropriate manner. You represent and warrant that any information you enter is correct and applies only to you and that you will keep your e-mail address and other information about you in your account up-to-date.
- Force Majeure; the Seller shall not bear any liability for any failure or delay in the performance of its obligations under this Agreement if such delay or failure to perform is due to any Force Majeure, for the purpose of this Agreement, Force Majeure shall be defined as any act, omissions, cause or circumstance beyond the reasonable control of the Seller, this to include without any limitations: acts of god, war, national emergency, protests or rebellion, civil commotion, riots or strikes and any form of industrial dispute (whether or not involving either party’s work force), earthquake, flood, drought, epidemic, fire, explosion, act of terrorism, or any other act ordered by any government, council or constituted body.
- Any waiver of any breach of this Agreement by the Seller, or any default, under any provision of the Agreement by the Buyer shall only be valid if agreed in writing. Any further or subsequent breach or default by the Buyer whether similar or otherwise shall in no way affect this Agreement. Similarly, any failure or delay, by either Party to this Agreement, to insist upon strict performance of any of the provisions of the Agreement shall not be construed as a waiver of any of its rights, under this Agreement.
- These Terms and Conditions contains all of the terms which the Parties have agreed to in relation to the use of the GALEON Platform, Website and purchase of GALEON Tokens and the Terms and Conditions supersede any prior written or oral content, agreement, representations or undertakings between the Parties or made by third parties. It is acknowledged by the Purchaser that they have not acted, relied on or been induced to enter into the purchase of GALEON Tokens by reason of any representations made by or on behalf of the Seller.
The Seller reserves the right to assign our rights and duties under these Terms and Conditions to any person at any time without notice to you, nor will we contact you or seek your approval on any such assignment.
PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE
The fact that a natural person (or legal entity) orders on the Website implies full acceptance of these Terms and Conditions and the obligation to pay for the Tokens ordered, which is expressly recognized by the Buyer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
LAW AND JURISDICTION
- These Terms and Conditions shall be governed and construed in accordance with the laws of France.
- You acknowledge and accept that in the event of a claim or dispute, they shall be submitted to the exclusive jurisdiction of the Paris Court of Appeal.
- The Buyer is informed that he may seek conventional mediation, particularly with the French Consumer Mediation Commission (Commission d'évaluation et de contrôle de la médiation de la consommation). The Buyer can also contact the online dispute resolution service of the European Commission at the following address: https://ec.europa.eu/consumers/odr.
- These Terms and Conditions may be translated by the Seller or third parties into other languages. THE FRENCH VERSION WILL PREVAIL IN CASE OF DIFFERENCES ARISING IN TRANSLATION.
With questions, e-mail email@example.com
GALEON is a French société par actions simplifiée, incorporated in France within the company registry of Créteil under number 821 546 835 and a registered office at 8 Avenue du Pré Closet, 74940 Annecy-le-Vieux, France.
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code To be in conformity with the contract, the good must:
- Be fit for the purpose usually expected of similar goods and, where appropriate:
- correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model
- have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling
- Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
This form must be completed and returned only if the Buyer wishes to withdraw from the order placed on the Website, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable Terms and Conditions.
Addressed to: GALEON, located at 8 Avenue du Pré Closet - 74940 Annecy-le-Vieux, France,
I hereby notify (by mail or by e-mail at the following address: firstname.lastname@example.org) the withdrawal of the contract concerning the order of the GALEON Tokens below:
- Order dated: ...........................................................................................
- Order number: ........................................................................................
- Name of the Purchaser: ...........................................................................
- Purchaser's address: .................................................................................
Signature of the Buyer (only if this form is notified on paper):