TERMS AND CONDITIONS
§ 1. INTRODUCTION
The Terms and Conditions is provided by XTRA LIMITED and associates (jointly referred to hereinafter as “XTRA””, “we” or “us”) and covers usage of the Website xtra.fund (referred to hereinafter as “the Website”) and our other websites, platforms, applications, products and services. Herein, we shall refer to you as “You” or “the User”.
xtra.fund is a website, which allows to only check the requirements to purchase tokens produced in the/BEP20 standard, in the BNB Smart Chain (BSC) environment (referred to hereinafter as “the XTRA.FUND Token ” or “the Token”) on the terms and conditions determined hereby, by the Website, by the Whitepaper and other documents visible and accessible via the Website.
1.3 XTRA.FUND Tokens Purchase
The User acknowledges and accepts that XTRA LIMITED manages xtra.fund and You, by purchasing the XTRA Tokens as a part of the blockchain network (BSC), establish a relationship on a basis of other terms and conditions or terms and conditions of service provision, including especially but not only on a basis of information and documents available on websites www.binance.org. Thus, the User acknowledge and accepts that purchasing the XTRA.FUND Tokens does not refer to any transaction or conclusion of any agreement directly with XTRA or associates.
XTRA’s activity does not refer to investments as investment funds. The words “investments” or “investment” in the scope of information posted via the Website shall be defined solely as the purchase of the XTRA.FUND Tokens or pursue such purchase. The activity of XTRA shall not be perceived as “investment advising” or “an investment recommendation”, or intermediation in such advice or recommendation, or managing of any assets relating to the XTRA.FUND Tokens.
§ 2. DEFINITIONS
XTRA – XTRA LIMITED, ICC2t0211165 having its registered office in Office 1204, Tiffany Tower, Al Thanyah Fifth, Plot No. 888, P.O. Box 487301, Dubai (the United Arab Emirates);
User – a natural person, a legal person, an organizational unit without legal personality to whom the law assigns legal capacity, who manages business or acts professionally, or has appropriate competences on the basis of national law applicable in the place of temporary or permanent residence, who familiarize him/herself with the information posted via the Website;
Website – an Internet website under the domain: xtra.fund;
XTRA.FUND Token – a term referring to the value of assets in BEP20 standard in the BNB Smart Chain (BSC) environment, enabling the owner to act pursuant to information presented in the Whitepaper;
Whitepaper – a document specifying terms and conditions of the XTRA.FUND Tokens functioning and also a possibility to join the Token Distribution Process for the User. The document is available at xtra.fund;
Token Distribution Process – refers to the issuing process of the XTRA.FUND Tokens using blockchain technology, as part of which it is possible to purchase the Tokens by the User;
KYC/AML- a set of activities as a result of which information on a particular User is obtained. These activities are performed in order to determine the scope of financial security measures appropriate for a given business relationship or transaction and to assess the risk related to counteracting money laundering and terrorist financing, taking into account specific types of risk;
Information and Communication Technologies (ICT) System – a system of cooperating ICT devices and software which provides processing and storing, as well as sending and receiving data via ICT networks using an appropriate type of an ICT end device.
§ 3. GENERAL PROVISIONS
Natural persons, legal persons and other organizational units to whom law assigns legal capacity may enter the Token Distribution Process. The age of majority is determined by law of the country in which the User lives, and the minimal age is 18 years old. Using the Website is free of charge.
3.2 Terms and conditions
By joining the Distribution Process of the XTRA.FUND Tokens, the User confirms that he/she has read the Terms and Conditions, the Whitepaper, and in particular the mechanisms of software functioning and applications based on the blockchain technology, and the risk of losing all invested funds. The Terms and Conditions constitute a binding Agreement between the User and XTRA and apply to all Users who access or use the Website (also by simply browsing the content posted via the Website).
3.3 Representations on the Token Distribution Process
The User represents that as a part of the Token Distribution Process, the User acts on his/her own and on his/her own behalf, and in particular does not act for the benefit of a person or entity being a citizen or a resident of countries where law restricts or prohibits participation in processes collectively and commonly referred to as Initial Coin Offering or classifies the Token Distribution Process only as issuing of financial instruments or derivative financial instruments within the meaning of relevant national acts. Also, the User represents that the financial means used to join the Token Distribution Process have legal sources. The User acknowledges and accepts that the XTRA.FUND Token is not:
a document issued by name, on request or issued to the bearer, as well as a financial instrument and a participation unit nor an investment certificate within the meaning of the relevant national law at the place of the headquarters of XTRA;
a packaged retail investment product within the meaning of Art. 4 of the Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) and is not under any provisions of law provided by the state.
3.4 Representations on Activities of XTRA
The User represents that he/she fully accepts the provisions hereof, without any doubts nor additions, as well as the User acknowledges and accepts that:
The Token Distribution Process is not a public offer, alternative investment fund management activity nor activity performed by an investment fund, and that the activities of XTRA are not a banking activity, or an insurance or reinsurance activity within the meaning of the relevant national acts;
XTRA does not mediate in any way in the transaction of purchasing the Tokens, therefore it shall not guarantee that the XTRA.FUND Tokens Distribution Process, as well as the acquisition of the XTRA.FUND Tokens itself, will bring the User expected outcomes, results or economic or financial benefits. At the same time, the User represents that XTRA has not guarantee him/her such results.
by purchasing the XTRA.FUND Tokens or by joining the Token Distribution Process, the User does not join in any way XTRA, does not form a company with XTRA, and does not acquire corporate rights in XTRA’s company and does not enter into a similar legal relationship with XTRA, including e.g., a joint venture.
Furthermore, the User acknowledges and accepts that XTRA does not offer any services related to securities, and that XTRA is not an entity transferring any money. XTRA does not provide investment, financial, tax or legal advice. Any information and applications posted on the Website do not constitute investment advice, financial advice, commercial advice or any other type of advice.
3.5 KYC/AML Verification
XTRA or entities cooperating with it, as part of activities performed by the User on the Website or in connection with the acquisition of the XTRA.FUND Tokens or entering the Process, may verify the User to the extent specified in the relevant international acts on counteracting money laundering and terrorist financing (AML). Pursuant to the legal requirements, the entity performing such verification may perform it again in the event of statutory premises, also in accordance with the internal security procedure.
§ 4. XTRA.FUND TOKEN
4.1 General Information
The User, via the application and third-party websites, in particular via the BSC and network, obtains the possibility of purchasing the XTRA.FUND Tokens as a digital representation of the value generated in the blockchain network. Details on the method of purchasing the XTRA.FUND Tokens and their value expressed in the price – each time determined by third parties or websites of these third parties (e.g., Metamask), in the scope of making the payment by the User for the purchase of these Tokens. The purchase of Tokens entitles the Users to obtain benefits specified in particular in the Whitepaper, subject to the provisions hereof.
4.2 XTRA.FUND Token
The XTRA.FUND Token is a form of value which has been generated in the blockchain network in the BEP20 standard, in the BNB Smart Chain (BSC) and environment. The collection of the XTRA.FUND Tokens by the User takes place immediately via the blockchain network, after the correct payment by the User pursuant to 4(1) herein. All information about the XTRA.FUND Tokens is posted on the Website in a place visible to the User or via the websites of third parties to which the Website redirects.
At the same time, due to the fact that the process of purchasing Tokens is in no way dependent on the activities performed by XTRA, as well as due to the close connection of the XTRA.FUND Tokens with financial markets over which XTRA has no control, the User acknowledges and accepts that the rights to withdraw from the agreement within the meaning of withdrawing from the purchase of the XTRA.FUND Tokens shall be excluded. The User acknowledges and accepts that all transactions related to the purchase of the XTRA.FUND Tokens are final and it is not possible to return the acquired (purchased) XTRA.FUND Tokens.
4.3 Respecting the Rules
Each User obliges to use the Website in accordance with its purpose, applicable law, social and moral norms and the provisions hereof. The User is obliged to protect own passwords and personal access keys to the XTRA.FUND Tokens against the third-party access.
4.4 Unauthorized Access
XTRA does not in any way process or store access data enabling the management of the XTRA.FUND Tokens, including Users’ private keys. The User is obliged to protect data used to access the XTRA.FUND Tokens, including data necessary to access the third party’s application (e.g., Metamask), because in the event of their loss XTRA or associates shall not recover the data. In the event of loss of access data, including in particular private keys, the User may lose all of the acquired XTRA.FUND Tokens, assigned to a given wallet address, for which XTRA shall not be liable.
Any results of unauthorized acquisition of the password, keys or other data enabling the access to the XTRA.FUND Tokens belonging to the User are not the liability of XTRA.
4.5 XTRA.FUND Tokens Taxation
The User is obliged to determine how and according to what law the taxation shall be carried out in connection with the purchase of the XTRA.FUND Tokens and to pay the tax to the competent tax authorities. XTRA is not liable in any way for incorrect tax settlement of the User due to the purchase of the XTRA.FUND Tokens.
4.6 Knowledge of the Blockchain Technology
The User represents that he/she is familiar herewith, Whitepaper as well as the Token Distribution Process and its mechanism, also the User has obtained all necessary information and data that he/she considers sufficient to decide on purchasing the XTRA.FUND Tokens, and that he/she has extensive knowledge in the field of functioning, use or usability of software and applications based on the blockchain technology. All transactions for the purchase of the XTRA.FUND Tokens are executed automatically, based on the User’s decisions and his/her orders. The User is solely responsible for determining whether the decision to purchase the XTRA.FUND Tokens is proper. If the User has doubts about the functioning of the blockchain technology, cryptocurrencies or the rules for purchasing the XTRA.FUND Tokens, he/she should contact legal, tax or investment adviser before taking any action on the Website.
§ 5. PAYMENT FOR THE XTRA.FUND TOKEN
5.1 Value of the Accounting Unit
The User represents that the accounting unit for the acquisition of the XTRA.FUND Tokens, in connection with the entering the Token Distribution Process, are cryptocurrencies, each time specified by third parties or websites of these third parties (e.g., Metamask), which enable the purchase of the XTRA.FUND Tokens in the blockchain network via ICT network.
5.2 Fee and Transaction Time
The fees are determined each time by third parties or websites of these third parties (e.g., Metamask), enabling the purchase of the XTRA.FUND Tokens. By purchasing the XTRA.FUND Tokens, the User undertakes to pay the current fees:
for the XTRA.FUND Token – the amount of which depends on the moment when the User purchases the Token and the number of the XTRA.FUND Tokens purchased by the User;
any other necessary fees for the delivery of the XTRA.FUND Tokens to him/her, including in particular, but not only, blockchain network fees.
The delivery of the XTRA.FUND Tokens to the User takes place immediately, provided that the User makes the correct payment pursuant to hereinabove. The process is executed automatically, without the possibility of changes or modifications. XTRA indicates that the process of delivering the XTRA.FUND Tokens in exceptional cases may be extended to a maximum of 48 hours in the event of situations beyond the control of XTRA, such as e.g., failure of the blockchain network.
§6. CONTACTING XTRA
6.1 Reporting Violations
The User or a third party may refer to XTRA regarding possible violations of the provisions hereof, the Whitepaper or violations of the use of the xtra.fund Website. Any violations in the scope of the purchase of the XTRA.FUND Tokens should be directed only to third parties providing services of the acquisition of these Tokens in the blockchain network, in accordance with the information provided, out of many: www.binance.org (for the BSC blockchain) f
6.2 Response Time
XTRA shall provide a response by electronic means within 30 (say: thirty) working days from the date of receiving it. The response to the application shall be sent to the e-mail address provided by the User or a third party in the e-mail message. XTRA reserves the right to extend the above term by a maximum of 30 (say: thirty) working days if the identification of the report requires special information or encounters obstacles independent of XTRA. Furthermore, XTRA reserves that the examination of the report may require additional explanations from the User or a third party – in such a situation the duration of a response from XTRA shall be extended accordingly each time.
6.3 Consent to Contact in the Electronic Form
Submitting the complaint electronically by the User or a third party to XTRA is understood as a consent to receive a response from XTRA in the electronic form, pursuant to Art. 7 herein.
7.1 Data Processing
By providing any personal or identification data to XTRA, the User agrees to include such data in the XTRA collection and to process them for the purpose of performing specific tasks, under the provisions hereof. XTRA processes or may process Users’ personal data, in accordance with the data provided, including in particular identification and contact data.
The Data Controller is XTRA LIMITED, ICC20211165 having its registered office in Office 1204, Tiffany Tower, Al Thanyah Fifth, Plot No. 888, P.O. Box 487301, Dubai (the United Arab Emirates) (referred to hereinafter as “the Controller”). The contact with the Controller is available at: [email protected]
7.2 Respect for Privacy
The Controller makes every effort to ensure that personal data are processed with the greatest respect for the privacy of the data provider and with the utmost care for the security of the processed personal data, and in particular ensures to take all legal measures to safeguard the personal data collections.
7.3 Protection Measures
The Controller represents to apply technical and organizational measures to ensure protection of processed personal data appropriate for the risks and a category of protected data, and in particular to protect data against unauthorized sharing, processing as a violation of law and against their loss, damage or destruction.
7.4 Processing Scope and Purpose
The Controller processes personal data of the User with the purpose of:
fulfilling legal duties of XTRA;
marketing and advertising services, as well as sending commercial information;
using ICT end devices and automatic trigger systems – for marketing purposes;
7.5 Data Profiling
Processing personal data includes profiling the Users according to their behavior, interests, credibility and preferences (including purchase preferences). Based on profiling, a specific content is conveyed to the Users, which potentially may interest them.
7.6 Data Sharing
To fulfill obligations, the Controller may disclose collected personal data with the entities including: employees, associates, delivery service, payment system operators, entities providing operating, legal, accounting and IT services for XTRA, as well as entities personally or financially associated with XTRA. In such cases the volume of disclosed information is limited to necessary minimum each time.
7.7 Traffic Analysis
The Controller represents that it is allowed to use tools designed to analyze traffic within the Website such as e.g., Google Analytics. In particular, the Controller has the right to collect information on the User’s activity and behavior. The Controller uses the data to research the market and traffic on the Website, as well as to create statistics, in particular, to assess the interest in the posted content, as well as to improve the Website and fulfill obligations in the scope of counteracting money laundering and terrorist financing. The collected data shall be processed in an anonymous manner and used only for statistical purposes or to ensure proper use of the Website.
7.8 Traffic Analysis
The Controller shall comply with the following rules for the processing of personal data:
recording collected personal data only on such storage media that are protected against third party access;
reporting collections of personal data or appointing persons who shall perform the required duties as such;
performing personal data security surveillance throughout the whole term during which they are possessed to ensure in particular protection against unauthorized access, damage, destruction or loss;
sharing personal data to competent authorities under applicable law;
preserving the confidentiality of personal data.
The personal data processed by the Controller are not shared in a form that allows User identification of any kind, unless the User has given a consent or if the obligation to disclose such information is based on applicable law.
7.9 User’s Rights
§ 8. COOKIES POLICY
8.1 Cookies Types
In terms of the Website functioning, the Controller is allowed to use the following types of Cookies:
temporary, which are removed after leaving the Website or after turning a web browser off;
permanent that are stored on the User’s end device for unspecified period of time, or until the User manually deletes them;
statistical to track traffic on the Website;
functional, allowing personalization of the site in relation to the User;
advertising, which allow to provide the User with the content adjusted to his/her personal preferences;
obligatory and safety, which regard safety keeping rules within the Website and authentication rules.
8.2 Purposes of Using
optimization and increase in efficiency in terms of XTRA activity;
correct feature configuration available within the Website;
personalizing displayed contents and adjust advertisements on the Website;
keeping safety and reliability of the Website;
collecting and using general and publicly available statical data through analytical tools.
8.3 Purposes of Using
To ensure the highest quality, Cookies are analyzed by the Controller to determine which subpages are visited the most, which browsers are used by visitors and whether the Website structure is free of errors.
8.4 Cookies Configuration
Cookies stored on the User’s end device may be used by other entities that affect the quality via the Website. The User may change own Cookie settings at any time by specifying the conditions of storing and granting access to Cookies on the User’s device. The User is allowed to change the settings referred hereinabove by using the settings of the web browser or by configuring a service or services. These settings may be changed in a way to block automatic Cookies activity in a web browser or to inform the User of placing a Cookie on the User’s device.
8.5 User’s Rights
The User is allowed to remove Cookies at any time by using the settings available in the used web browser. Restricting or blocking Cookies via the web browser shall not make it impossible for the User to browse the content posted via the Website, however, this may cause difficulties or irregularities in the Website operation. It is recommended to use software that enables Cookies operation.
§ 9. ADDITIONAL CLAUSES
9.1 Technical Requirements
To use the Website, the User shall meet the following technical requirements:
having a device enabling the use of the Internet;
the Internet connection;
having a browser that allows to display websites and support third parties’ applications (Metamask), e.g., Google Chrome.
XTRA represents that it makes every effort to ensure constant access to the Website, however, it does not guarantee that the use of the Website will be free of errors and technical breaks. In addition, XTRA reserves the right to change the above minimum requirements for using the Website at any time without prior notice to the User.
9.2 Cryptographic Techniques
XTRA shall ensure the operation of the ICT system in a form of the Website, in such a way as to prevent unauthorized access to the content, in particular using cryptographic techniques.
9.3 Technical Risk
XTRA stipulates that the use of the Website may involve a technical risk, typical for the use of the ICT system, and an increased risk in the field of the blockchain technology, characteristic for software based on the BSC network. The Users shall secure electronic connections and devices against unauthorized access, including, but not limited to, installing anti-virus software and securing the wallet, e.g., Metamask, in accordance with the recommendations specified at www.metamask.io.
9.4 Technical Breaks
XTRA reserves the right to temporarily or permanently terminate or limit activity of the Website. In particular, XTRA is entitled to conduct maintenance work of the Website to restore security and stability of the ICT system. Accordingly, the User acknowledges and accepts that he/she has no claims regarding such interruptions or restrictions.
9.5 Other Websites of Third Parties
XTRA exercises due diligence to specify unambiguously and identify pages and websites managed by third parties that offer separate services or a service, not related to the activities of XTRA, pursuant hereto. However, XTRA is not liable for the content, subject and the relationship established with another entity by the User. In such a situation, the User should each time exercise due diligence to determine with which entity the possible relationship is being established and to which website of the third party the User has been redirected using the Website.
§ 10. FINAL PROVISIONS
XTRA has the right to amend hereto at any time. In such a situation, XTRA shall inform about changes hereto in a visible place on the Website, including in particular by posting a new version hereof on the Website.
10.2 Additions and Information Included Herein
No legal basis or incompleteness of any of the provisions contained herein does not mean that the entire Terms and Conditions is legally void. Such provisions shall be amended to the ones that best reflect their meaning and purpose.
All parties to the disputes that may arise in connection herewith shall be settled amicably in the first place, by mutual arrangements between the User and XTRA. The User acknowledges and accepts that the amicable resolution of a dispute procedure is a condition precedent that shall be met prior to commencing any legal proceedings. In such a situation, the User is obliged to contact XTRA pursuant to provisions of Art. 6 hereof.
If the above provisions are met, as well as in the absence of an amicable solution to the dispute, the provisions hereof shall be settled by the court competent for the current place of a registered office of XTRA. At the same time, the User acknowledges and accepts that disputes arising herefrom may only be considered on the basis of an individual case of the User. In no way is XTRA obliged to settle disputes as collective cases or collective actions.
10.5 Transformation or Transfer of Rights
The User acknowledges and accepts that the XTRA may transfer the rights and obligations resulting from the implementation of the provisions hereof to another entity, person or third parties, including transferring the rights and obligations to another, newly established company as a result of the transformation.
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