CabinCoin Token Sale Terms
Metro Plaza Viru väljak 2, 3. korrus,
10111 Tallinn, Estonia
CabinCoin Group is a Estonian company that is developing a decentralized search engine with a blockchain-powered advertising payment system.
The parties to this agreement are CabinCoin Group (“Company”), Blockchain software is a rapidly developing area of applied computer science/mathematics. You should not place an order with Company if You are not comfortable using Blockchain technology such as Bitcoin, Ethereum, etc.
3. Pre-Order and Delivery
You are pre-ordering a certain quantity of Cabin Token (“Your Pre-Order”) to be delivered upon the general availability of Cabin Token to an “address” that You supply. If You do not provide CabinCoin with an address then it will not be possible to deliver Your Pre-Order and CabinCoin shall retain Your Cabin Token until You provide an address. Notwithstanding any other term of this agreement, if You do not provide an address within one year of placing Your Pre-Order then Company shall attempt to refund You the consideration paid for Your Pre-Order and Your Pre-Order shall be cancelled. If Company is unable to refund You due to non-communication, or any other reason, then the consideration paid shall be forfeited 90 days after providing notice to You, but no sooner than 14 months after the date of Your Pre-Order.
4. Cabin Token and Blockchain Technology
It is anticipated, but not guaranteed, by Company that Cabin Token will be accessed through the Ethereum network in the form of an “ERC-20” token (eventually). There will be a period of time following Your Pre-Order in which Cabin Token will be tracked by the Company internally and not on a public blockchain (e.g. Ethereum). From time-to-time Company shall provide updates on the number of Cabin Token sold and the date of expected conversion to a blockchain-based system either through email or by a conspicuous posting on its website(s).
5. Redemption of Cabin Token by Company
If and when the Company makes services available Cabin Token shall be redeemable for services from Company at rates to be determined, and not guaranteed, by Company and/or users of the CabinCoin. There may be further terms applicable to the services delivered in exchange for Cabin Token.
6. CabinCoin Launch Date
Company may provide guidance on the expected launch date of the CabinCoin Software and/or Cabin Token but due to the uncertain nature of software development and pioneering aspects of the CabinCoin Software, the actual launch date may differ from Company’s expectations or announcements. If You provide contact information as part of Your Pre-Order then Company may provide You with updated information regarding the launch from time-to-time.
7. Securing Your Pre-Order
Company strongly recommends that You take steps to ensure that Your Pre-Order credentials are not intercepted in transit or stolen while at rest on Your computing device. Your Pre-Order credentials will allow anyone possessing them to take control of Your Pre-Order Cabin Token. You shall be solely responsible for securing Your Pre-Order.
Company shall have no obligation to honour requests to refund Your Pre-Order.
9. Over-Allocation of Cabin Token
Company shall make commercially reasonable efforts to ensure that Cabin Token are not oversold (i.e. more sales of Cabin Token than the fixed number available). In the event that Cabin Token are oversold then Company shall fill orders on a “first come, first served”-basis. If Your Pre-Order is within an oversold lot then Company shall provide Cabin Token to You on a pro-rata basis and refund the difference.
10. Integrity of Sale Process
In order to maintain the integrity of the CABIN sale process Company reserves the right to cancel (and initiate a refund for) Your Pre-Order if it determines, in its sole discretion, that You have manipulated Company’s sales process through technological means or deception.
11. No Warranty
Company does not warrant that Your Pre-Order will be suitable for Your purposes (or any purpose) and is offered to You without any warranty whatsoever, on an “as-is” basis. Company shall not be liable for any losses, damages, claims, economic damages, or any other money amounts related to Your Pre-Order, to the maximum extent permitted by law, in tort, contract, negligence or any other theory of law.
12. Lost Pre-Order Credentials
If You lose access to, or destroy, Your Pre-Order credentials then You will be unable to access the corresponding Cabin Token. It may not be technically possible for Company to recover or replace lost or destroyed credentials, and the possibility of this is entirely at Your own risk.
13. Disclaimer of Risk
Cabin Token will only have utility within the context of the CabinCoin (and any related smart contracts). You agree not to hold Company responsible for issues related to the Ethereum blockchain, Cabin Token, CabinCoin , or any other related components, including failure to complete any aspect of the project in line with forward-looking technical plans or technical limitations of the project that reduces or completely eliminates the utility of Cabin Token to You. You specifically agree that Company (including its directors, officers, and employees) shall not be responsible for any of the following risks: CabinCoin may not launch due to unforeseen technical difficulties and Your Pre-Order will consequently have no use with respect to the CabinCoin Software; or, vulnerabilities in underlying blockchain technology, e.g. the Ethereum platform, such as flaws in its EVM implementation or smart contract exploits; or, problems with the Ethereum blockchain that cause You to not receive Your Cabin Token; or, theft or loss of Your private keys; or, vulnerabilities of the cryptographic foundations of Ethereum (upon which Cabin Token may rely); or, bugs or unintended operation of smart contracts related to Cabin Token due to Company’s error, mistake, or inadvertence; or, regulatory changes in Your local jurisdiction that prohibit Cabin Token, the use of search engines similar to the CabinCoin Software, Ethereum, or other related technologies; or, wallet software that You use to manage Cabin Token may contain bugs or operate in a way that results in You losing access to Cabin Token. You hereby Cabin Token and warrant that You understand the above risks and waive any claims in relation to the realization of the above risks.
14. Compliance with Local Law
There may be laws that apply to Your Pre-Order in Your jurisdiction. You shall be solely responsible for compliance with local law and shall indemnify Company against any liability (including the costs of defending against claimed liability) incurred as a result of Your non-compliance.
15. Limitation of Liability
To the maximum extent permitted by applicable law, Company shall not be liable, directly or indirectly, for any indirect, economic, special, incidental, exemplary, consequential, or punitive damages, lost profits, lost revenue, lost earnings, lost tokens, corrupted wallet data, failure to realize any savings, gains, losses or any other damage or loss to You. Notwithstanding any other provision of this agreement, Company’s liability to You shall be limited to the lesser of: a) $100 USD or b) the EU value (at the time of purchase) of any consideration paid for Your Cabin Token.
16. Electronic Communications
By placing a Pre-Order You agree that Company may contact You with marketing information, product information related to CabinCoin Software, or any other information that may be relevant to Your Pre-Order, using any electronic means (such as email or SMS).
All references to currency are to United States dollars (USD) unless otherwise specified.
18. Governing Law and Choice of Forum
Any dispute related to this agreement shall be governed by the laws of Tallin, Estonia
If any provision of this agreement is deemed to be unenforceable or unlawful by a court or competent authority then the offending provision shall be struck out and the remaining provisions shall continue in effect.
Company may assign this agreement as part of a sale of all or substantially all of its assets. You shall not be permitted to assign this agreement.
21. Force Majeure
Company shall not be liable for any failure or delay in the performance of its obligations (or CabinCoin Software) if the reason for the failure or delay is an issue with the Ethereum blockchain or any other event or circumstance beyond Company’s control.
You may provide notice to Company by contacting [email protected]
23. Entire Agreement
This is the entire agreement between the parties with respect to Cabin Token, advertising, or any other aspect of the CabinCoin Software and supersedes any other understanding, re Cabin Tokens or agreements between the parties.