INFINITY Token Sale

Terms & Conditions

 

Abbreviations:

UBUNTU PLANET = UP

ONE SMALL TOWN = OST

Platform / OST Platform = OST Trading Platform = the online buying and selling platform presented on the OST website www.onesmalltown.org or on its own URL in the future. The OST Platform provides customers and members with a safe and secure space to buy and sell various tokens created by UP and OST as part of the OST initiative.

Member = anyone who has signed up on the OST Platform and/or acquired the OST digital wallet

OST Digital wallet / OST Wallet = Is a downloadable link from the OST Platform, which acts like an APP, tool or application, that allows the member/customer; to download the tokens from the platform into their personal OST wallet. Once in the OST wallet, the tokens can be shared/sent to any other members with an OST wallet, free of charge, and outside of any bank interference.

You = the user; customer; buyer; or seller

 

These Terms and Conditions (the “T&C” or “Terms”) apply to the buyer of the INFINITY Token, (hereinafter “TOKEN”) and future user of the ONE SMALL TOWN platform, and constitute an agreement between UBUNTU PLANET NPC, its subsidiary, ONE SMALL TOWN, and you, the buyer; seller or user of the platform. Please read these terms carefully before placing your order on the OST platform. The T&C affect your obligations and legal rights, including, but not limited to, waiver of rights and limitation of liability. If you do not agree to these terms of sale, please do not participate in the sale of the Tokens.

NOTICE: ONE SMALL TOWN Limited (UK) and ONE SMALL TOWN NPC (RSA), and UBUNTU PLANET Llc (USA) are subsidiaries of UBUNTU PLANET NPC.

 

The OST Platform may only be used by anyone 18 years of age, or older.

 

Applicability:

The following T&C constitute the agreement (the “Agreement”) between UBUNTU PLANET NPC (hereinafter “UP ” or the “Company” or “us” ) which is a South African Non-profit Company with registration number 2014/158534/08 and YOU (hereinafter “User” or “you”), with respect to the purchase of the INFINITY TOKEN and the future use of the services offered through the ONE SMALL TOWN  platform (hereinafter “Platform”).

By using our services, you are agreeing to be bound by the T&C in its latest version. You are aware that ONE SMALL TOWN may change this T&C at any time, on our sole discretion without any prior notice to you. Any changes will be effective immediately upon posting on our Website. Your continued use of the OST Platform means that you accept any new or modified terms.

UBUNTU PLANET NPC – 17 Zazm Ave, Emgwenya, 1195, Mpumalanga, South Africa.

 

Services

1. UP has created the INFINITY Token as a community token to be used among contributing members of all OST projects worldwide, and non-resident members who want to participate in various ways, and benefit from all future features and benefits of the Token.

2. The tokens are used as a form of remuneration and reward, and proof of contribution of time to members of OST across the world in all OST businesses and projects and other activities that may arise in the future.

3. Every token represents 3-hours of time/work contributed by a member to OST projects.

4. Token value is determined by the average minimum wage, plus the value of food and goods distributed to members monthly, plus the cash dividends from the OST business profits monthly.

5. INFINITY Token has been minted/created on the blockchain platform for the present needs of OST.

6. The tokens will be sold and traded exclusively on the OST platform

7. The tokens will NOT be sold or traded on any other platform or cryptocurrency platforms, unless specified by an amendment to the Terms, and a notice posted on our website.

8. Anyone is able to buy and sell the tokens on the platform, after signing up, creating an account and completing a KYC process.

9. Verified KYC enables clients to buy, sell, send and share their tokens as they need, on the platform and with the wallet.

10. Sending and sharing tokens with other members on the OST wallet is free, and outside of any bank interference.

11. INFINITY token does not have the legal qualification as a security. It does however give active contributing OST member and token holders, the right to receive allocated monthly distribution of food, goods and cash dividends from the businesses of which the member is an equal shareholder and co-owner, with all other cooperative members.

12. The token is therefore not a share and does not give any rights to participate in the general meetings of the Company.

13. INFINITY Token sale is final and non-refundable.

14. INFINITY Token can be purchased during the Token Pre-launch and Sale directly from the Company from our website, on the ORDER page, by following the instructions, OR, after the platform launch on the OST platform.

15. Tokens will be bought and sold on the platform by willing sellers and willing buyers.

16. The company give no guarantees that token holders will be able to sell their tokens immediately, or in a specific period.

17. Token is not an investment advice item, a security nor an investment product, and any action, notice, communication, message, decision, managerial act, or omission of the mentioned shall not be understood and interpreted as such.

18. Company gives no guarantees that the Token will increase in value, but it advises you that they might also decrease in value.  

19. You represent and warrant, that you are acquiring INFINITY Tokens for your own personal use and for your personal utility to use and trade in your own personal capacity.

20. You also represent and warrant that you are aware of all other risks deriving from holding INFINITY Token as specified in these Terms and you accept these Terms.

21. You acknowledge that the Company may manage the funds received through INFINITY Token distribution, in any way it chooses, and that you hold no control or influence in this regard whatsoever.

22. INFINITY Tokens are unregulated. ONE SMALL TOWN  is not a financial institution and is currently not under supervision of any financial supervisory authority. ONE SMALL TOWN  does not provide any licensed financial services or investment advice.

23. Tokens do not offer, are not and shall not be construed as investment or financial products. In the event of any regulatory changes would impact the INFINITY token, ONE SMALL TOWN  reserves the right to amend its Services, the Website and the Token.

 

Token distribution

1. INFINITY Token distribution is not a public offering of equity or debt and consequently does not fall under the securities or any prospectus regulation.

2. The User purchasing INFINITY Tokens expressly acknowledges and represents that she/he has carefully reviewed the T&C and fully understands the risks, costs and benefits associated with the acquisition of this token as indicated in the T&C.

3. The User undertaking to acquire INFINITY Token in relation to the token sale should ensure that she/he understands and has significant experience of cryptocurrencies, blockchain systems and services, and that she/he fully understands the risks associated with the Token Sale as well as the mechanism related to the use and custody of these tokens.

4. OST presents the INFINITY token as a brand new kind of instrument in the volatile cryptocurrency market. OST will never associate our current and future tokens with any other cryptocurrencies or tokens on the market.

5. Unlike most tokens and cryptocurrencies, our token has real, long lasting, and a measurable value associated with it, because of the willing human sweat equity and labour, that is behind the issuing of each token.

6. Every token represents 3-nours of work / sweat equit, by a OST member, towards one of the OST businesses and projects.

7. The Company shall not be responsible for any loss of INFINITY Tokens or digital wallets. All customers, members or token holders must take all necessary precautions to protect their wallets and tokens at all times.

8. ONE SMALL TOWN and its platform, is not a provider of exchange services between virtual currency and fiat currency; OR a cryptocurrency mining services.

9. User expressly agrees and acknowledges that anytime throughout the duration of these Terms, INFINITY Tokens may require material, technical, commercial or any other changes and understands that an upgrade or modification of the INFINITY Tokens may be required.

10.   Under such conditions OST will inform all its members of the simple steps to take to complete such upgrades, ensure the continued value of their tokens.

11. If a user decides not to participate in such upgrade, the user acknowledges and agrees that he/she may lose all control of their tokens or the value in their tokens.

 

Risks

Development failure or abortion.

1. Acquiring and storing INFINITY Tokens involves various risks, in particular that ONE SMALL TOWN may not be able to launch some operations and continue developing its platform or community. Therefore, and prior to acquiring the token, any user should carefully consider the risks, costs, and benefits of acquiring the Token.  

2. The risk associated with OST tokens will be dramatically different from regular cryptocurrencies and tokens. OST tokens are only issued to members, who have signed up on our own private trading platform and have downloaded their own private digital wallet, to store their tokens, and share their tokens.

3. OST Tokens can only be sold, shared, or traded by OST members who have complied with our membership rules and regulations and agreed to the Terms & Conditions.

 

Legal Risk concerning Security Regulation.

1. There is a risk that in some jurisdictions the INFINITY token might be considered as a security, now or in the future. Company does not give warranties or guarantees that INFINITY Token are not a security in all jurisdictions. Each user shall bear his/her own legal or financial consequences of INFINITY Token being considered a security in their respective jurisdiction.

2. The legal ability of Company to provide INFINITY Tokens in some jurisdictions may be eliminated by future regulation or legal actions. In the event, it turns out with a high degree of certainty that INFINITY Tokens are not legal in certain jurisdiction, Company will base on its sole discretion either (a) cease operations in that jurisdiction, or (b) adjust the Tokens in a way to comply with the regulation should that be possible and viable.

3. It is your obligation to check if acquisition and disposal of INFINITY Tokens is legal in your jurisdiction, and by accepting these Terms you expressly agree and warrant that you will not use INFINITY tokens should their use not be legal in the relevant jurisdiction.

 

Risk of Malfunctioning Blockchain

1. INFINITY Tokens are minted and stored on the blockchain platform– but they are traded on our PRIVATE OST platform. All of our data membership management and operational data is managed by a central secure database connected to several backup systems, which will include our own private blockchain in the near future.

2. Any malfunction in the blockchain platform will be negated by our highly secure servers and the backed-up database management system.

 

Risk of Losing Tokens and Digital Wallet

1. Each of our tokens has a unique encrypted numbers allocated to it. Each token can therefore be traced to its rightful owner and a wallet associated with that owner. It is therefore difficult to steal or lose our tokens, unlike the eternal problem. In most cases, but not always, lost tokens or wallets can be replaced by Company if the member / customer can provide proof of ownership via the KYC, and remembers the access codes and passwords to their account and wallet.

2. OST will do whatever it can to recover lost tokens and wallets to the best of its ability, but cannot guarantee such return 100%.

 

Internet transmission risks.

1. You acknowledge that there are risks associated with utilizing Internet-based digital assets, products and website including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that the Company shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using our services, website, platform, howsoever such problems may be caused.

 

Cryptography risks.

1. You acknowledge that there are risks associated with cryptography, such as code cracking or technical advances such as the development of quantum computers, could present risks to all crypto-currencies including INFINITY Tokens. This could result in the theft, loss, disappearance, destruction or devaluation of the tokens.

2. To a reasonable extent, Company will take proactive or remedial steps to update the protocol underlying the response to any advances in cryptography and to incorporate additional reasonable security measures where appropriate. It is impossible to predict the future of cryptography or the future of security innovations to an extent that would permit the Company accurately guide the development of Company to take into account such unforeseeable changes in the domains of cryptography or security.

 

Risk of unfavourable regulatory action in one or more jurisdictions.

1.  Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. INFINITY could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions on the use or possession of ZUZ, which could impede or limit their existence, permissibility of their use and possession, and their value. But, because of the RPIVATE Membership distribution and use of our token, we expect INFINITY not to be as potentially vulnerable as regular cryptocurrencies.

 

Risk of theft and hacking.

1. Hackers or other groups or organizations may attempt to interfere with your wallet, the Website or the availability of INFINITY tokens in any number of ways, including without limitation denial of service attacks, Sybil attacks, spoofing, smurfing, malware attacks, or consensus-based attacks. OST will do everything in its power to prevent such attacks.

2. Because the INFINITY Token is only traded on our own private trading platform, and is not traded on any open cryptocurrency platforms, the risk of hacking, mining, and thefts is greatly reduced.

3. Because of the unique encrypted code that is allocated to each token, it is possible to neutralise any damage done, by hacking  or theft or mining;

4. In most, but not all, such instances OST will be able to neutralize/burn all stolen tokens and reimburse the customer/member with a new wallet and the equivalent tokens that were stolen.

5. OST will do whatever it can to resolve all theft of tokens as smoothly and speedily as possible.

 

Eligibility, Representation and Warranties

1. You must be at least 18 years old to use our services, product and website.

2. By using our services, products and accessing our website you represent and warrant that you: (a) are at least 18 years old; (b) you have full power and authority to enter into this agreement (c) have not been previously suspended or removed from using our services

3. If you are using the services on behalf of a legal entity, you represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; (b) you are duly authorized by such legal entity to act on its behalf

4. By participating in the Token Sale, the User agrees to the T&C and in particular, they represent and warrant that they: A: are authorized and have full power to acquire INFINITY Token according to the laws that apply in their jurisdiction of domicile; B: will not use the Token Sale for any illegal activity, including but not limited to money laundering and the financing of terrorism; C: are solely responsible for determining whether the acquisition of INFINITY Token is appropriate for them.

 

Intellectual Property Rights

1. UP and it subsidiary, ONE SMALL TOWN, is the rightful copyright owner and intellectual property holder/owner of all content of the OST website and trading platform, which includes all names, tokens, artworks, logos, designs, presentations, ideas, methods, and services such as software, know-how, analysis or programs; all these copyrights and other intellectual property and industrial rights belong to UP.

2. Under no circumstances will these Terms be construed as granting, by implication, estoppel or otherwise, a license to any Intellectual Property or components thereof other than as specifically granted in these terms.

3. You agree that Company’s Intellectual Property may be used only as provided in these terms. All rights not expressly granted herein are reserved.

 

Disclaimer of Warranties

1. To the fullest extent permissible under applicable law, our service, website, and TOKENS are provided on an “as is,” and “as available” basis, without warranties of any kind.

2. No warranty of any kind, express, implied or statutory, including implied warranties of condition, uninterrupted use, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of thirdparty rights, and warranties (if any) arising from a course of dealing, usage, or trade practice, is given in conjunction to website, services, platform, tokens, or any services and software contained in website in general.

3. The company does not warrant that the service, token or website will be error-free or uninterrupted or that any defects will be corrected in reasonable time.

4. You acknowledge that your use of the service, platform and website is at your sole risk.

5. While every effort is made to ensure that information contained in the website or platform is correct, Company disclaims all warranties regarding the accuracy, adequacy, correctness, completeness, reliability, timeliness, non-infringement, title, merchantability or fitness of any information on the Website and/or platform.

6. While all possible effort is made to protect the data and private information of members and customers on the platform, the Company cannot fully guarantee the confidentiality or privacy of any communication or information transmitted through services, on the Website or platform or any site linked to the website. We will not be liable for the unavoidable leaks in privacy or security of information, e-mail addresses, registration and any identification information (if applicable), disk space, communications, confidential or proprietary information, or any other content transmitted to us in any manner, or otherwise connected with your use of our services, website or platform.

7. The Company shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from the Company. Always log into your account through the website to review any transactions or required actions, if you have any uncertainty regarding the authenticity of any communication or notice.

 

Limitation of liability

1. UP and ONE SMALL TOWN, as well as its officers, directors, agents, joint ventures, employees, suppliers and advisors, assumes no liability or responsibility for any loss raised from the token sale, arising out of or related to the use of the ONE SMALL TOWN platform or any technical, interruption or malfunction of the platform, website, token, services or otherwise. In no event shall UP and/or ONE SMALL TOWN, as well as its officers, directors, agents, joint ventures, employees, suppliers and advisors, be liable for any special, indirect, incidental, punitive or consequential damages of any kind whatsoever, including without limitation any damages caused by or resuming from reliance by any user or any information obtained from the Company, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, suspension of network, communication failure, theft, destruction or unauthorized access to company’s records, services, and website.

2. In addition to the above, company shall not be liable for any loss of profit, loss of business, trading losses, loss in value, or any other loss. This applies even if such damages are foreseeable.

3. The limitation of liability set out above shall not be applicable in the event that the Company, or a Company employee, has caused the damage by intentional misconduct or by gross negligence.

4. Each party acknowledges that they would not enter into the agreement without these limitations on liability.

 

Indemnification

1. You will defend, indemnify and hold Company, its affiliates and licensors and its officers, directors, contractors, employees, agents and representatives, harmless from and against all claims, actions, demands, liabilities, damages, losses, costs and expenses (including legal fees) relating to or arising from (a) your use of our services, website, platform, INFINITY Token (b) your breach of these terms or any other liabilities arising out of your use of the services, website and product or the use by any other person accessing the website, service, platform, INFINITY Token using your computer and/or your personal information (c) your violation of any rights of any other person or entity in connection with these terms (d) third-party claims concerning these terms or you thereof.

2. You will promptly notify us of any third-party claims, actions, or proceedings which you become aware of that involves the company as a result of these terms.

3. Company may participate with counsel of its own choosing in any proceedings describing above. If Company will be required to respond to compulsory legal order, you will reimburse company for reasonable attorney and contractors fees for their time and material spent responding to obligatory legal orders.

4. You will not agree to any settlement which imposes any obligation or liability for company without company’s prior written consent.

 

Links to other Websites

1. Our services, platform, and Token sales will only be accessible from our official website www.onesmalltown.org

2. Any links to third party websites, will only appear on our website or our Platform. We will never send third party links in an email, text message, WhatsApp message, or by any other means.

3. Company shall not be responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any content on third party websites, information, statements, representations, advertising, products, services or other materials available on or through third party sites. Company provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by company of third party sites, nor does it imply that the linked third party sites recommends, approves of, or endorses Company.

 

Feedback

1. In connection with your use of our services, website, platform, you may provide us with your feedback (suggestions, ideas, reviews, comments, material and questions or other information and/or material).

2. Your feedback will be used with the highest discretion.

3. Once in our custody, we will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials you provide to us, whether by email, posting through our services, website, platform or otherwise. You waive any rights you may have to the feedback (including any copyrights to the extent permitted by law).

4. And Feedback you provide to us is non- confidential, non-proprietary and is not subject to a third-party license and we have no liability for any loss or damage suffered by you as a result of the disclosure or use of such feedback.

5. We have the right to disclose your identity to any third-party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy.

6. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in this section.

 

Term and Termination

1. This agreement is entered into for unlimited duration.

2. If we suspect any potential criminal activity by you or on your account, we reserve the right to suspend your access to our services and your account indefinitely, without giving you prior written notice, until such time that the matter has been resolved.

3. If any criminal activity connected to you in any way, may cause a security risk to any of the other OST members, we reserve the right to cancel your account and membership.

4. In such instance your tokens may be transferable to a third party nominated by yourself, OR the OST management, OR your tokens may be held in trust in a secure wallet until any potential criminal legal matters have been resolved.

5. If any behaviour, actions, or criminal activity by you is so severe, based on our sole discretion, that it creates a potential risk for the stability of Company, OST, and other OST members, and creates the risk or possible legal exposure for OST and our members, we have the right to terminate your membership and shut down your link to the platform and wallet permanently, without liability to you.

6. The information and files related to your use of our services, website, platform, mobile application, and other, will remain on our servers and blockchain as a record of historic activity.  

 

Notices

1. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, Communications”) that Company provides in connection with your use of Company Services, Website, Platform and mobile application.

2. You acknowledge and agree that Company may provide these communications to you by posting them on its Website or by emailing them to you at the email address you provide; OR via e telecommunication message on the platform of your indicated preference.

3. Any email or communication will be considered to be received by you within 24 hours after we send it to you and Communication via our Website will be effective upon posting.

4. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy.

5. It is your responsibility to keep your email address with the Company up to date so that the Company can communicate with you electronically.

6. You understand and agree that if the Company sends you an electronic communication but you do not receive it because your email address is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, Company will be deemed to have provided the communication to you.

7. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add the Company to your email address book so that you will be able to receive the communications we send to you. You can update your email address, mobile phone number or street address at any time by logging into your OST Platform account or on your digital wallet.

8. You may contact us by sending an email to tokens@onesmalltown.org with general questions.

9. All legal notices (including legal disputes) must be sent in writing to the following address: legal@onesmalltown.org OR by postal or courier service to UBUNTU PLANET PO Box 204, EMGWENYA, Mpumalanga, 1195, South Africa.

 

Taxes

1. You are solely responsible and liable to declare, bear and pay all taxes, duties, imposts, levies, tariffs and surcharges that might be imposed by the laws and regulations of any jurisdiction as a result of or in connection with the use of services, website, platform, INFINITY Token or any other Company product.

2. Company is not giving any advice regarding tax issues and is not responsible for determining any tax implications connected with its Services, Website, Platform, and Tokens.

3. Company makes no representation as to the tax implication of any jurisdiction. You shall be solely liable for all such penalties, claims, fines, punishments, liabilities or otherwise arising from his/her underpayment, undue payment or belated payment of any applicable tax.

4. All fees and charges payable by you to Company are exclusive of any taxes and if certain taxes shall be applicable, they shall be added on top of applicable amount. Upon our request, you will provide us any information we reasonably request to determine whether we are obligated to collect VAT from you, including your VAT identification number. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required.

 

Severability

If any of the provisions of the T&C or of the Agreement are deemed to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect.

 

Applicable Law and Jurisdiction

1. The T&C are subject to and governed by the laws applicable in the Republic of South Africa, International Private Law and any International Treaties.

2. Any user of the platform agrees to seek an amicable settlement prior to bringing any legal action.

3. All disputes arising from or under these T&C shall be resolved by arbitration in accordance with the rules of International Arbitration OR the Arbitration Laws of the Republic of South Africa, whichever is most applicable.

4. The arbitration panel shall consist of the appropriate number of arbitrators prescribed by the applicable laws for each case.

5. The seat of the arbitration shall be in Johannesburg, South Africa. The arbitral proceedings shall be conducted in English.

 

Privacy

Security measures.

1. We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, theft, misuse, unauthorized access, hacking, disclosure, and alteration.

2. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data storage centres, and information access authorization controls. We also authorize access to personal information only for those employees who require it to fulfill their job responsibilities.  

 

Usage and sharing

1. We use personal information to provide our services and products, for administering our business activities, to communicate with you, to promote safety and security (we use personal information for loss prevention, anti- fraud and/or unauthorized activity and to enforce these terms) and to provide you with customer service, technical support, for audit purposes, to prevent and investigate potentially prohibited or illegal activates and to notify you about improvements to our website and new services we think you will find useful.

2. We can use personal information so as to mitigate the risk of fraud, identity theft or credit card theft. We may use your name, email address and phone numbers, to provide you with information about products or services that may be of interest to you.

3. You may access, review and edit your personal information at any time by logging in to the website using your credentials or on your Digital Wallet, or in emergencies by emailing us at: tokens@onesmalltown.org

4.  We may also create anonymous, aggregated and/or other de-identified data records (“anonymous information”) from information that you provide to us by excluding information (such as your name) that makes the information personally identifiable to you.

5. We use this anonymous information to analyse request and usage patterns so that we may enhance the content of our services and to improve site navigation. We reserve the right to use anonymous information for any purpose and to disclose such data to third parties in our discretion.

 

Sharing of personal data.

1. We take your privacy very seriously, and we do everything possible to protect your personal data and information to the best of our ability.

2. We will only share your personal information as needed with entities within the ecosystem to perform the services necessary for the maintenance of your account; and in the event if we are legally obligated to meet any legal, regulatory, or governmental request, including but not limited to events when we are compelled to do so by a subpoena, court order, or similar legal procedure.

 

Miscellaneous

 

Entire Agreement.

These terms represent the entire agreement, and supersede all prior and contemporaneous understandings between you and the Company regarding the subject matter, especially regarding the services, website, platform and INFINITY Token. In the event of any conflict between these terms and any other agreement you may have with the Company, the terms of that other agreement will prevail only if these terms are specifically identified and declared to be overridden by such other agreement.

 

Assignment.

1. These Term shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns. You may not assign or transfer any of your rights or obligations under these Terms without Company’s prior written consent from, including by operation of law or in connection with any change of control.

2. Company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your prior written consent or approval.

 

Act of God Events.

Company shall not be liable for (1) any inaccuracy, error, delays or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Company’s reasonable control (each, aka“Force Majeure Event”).

 

Waiver.

Company failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.