Terms and conditions of using the website

These terms and conditions govern Acquirer to use of this website at https://fundamentum.io (Website).

By using the Website, Acquirer agrees to be bound by these terms and conditions in full, which shall take effect immediately upon Acquirer first use of the Website respectively. If Acquirer does not agree to be bound by these terms and conditions or any part of these terms and conditions then please do not access or use the Website respectively.

The Acquirer also agrees to comply with the following documents (as well as being legally bound by them):

  • Tokens Purchase Agreement;
  • Privacy Policy;
  • Cookie Policy;
  • AML/KYC Policy;
  • the relevant White Paper Declaration (applicable to tokens created and placed following it).

The information contained in this Website is restricted exclusively to qualified investors and/or professional client. If you (Acquirer) are not certain whether you (Acquirer) are qualified investors and/or professional client in Acquirer’s country of residence, please seek legal advice before navigating on this Website.

The Acquirer must be at least 18 years of age to use the Company’s Website. By using the Company’s Website and by agreeing to these terms and conditions, Acquirer warrant and represent that Acquirer is at least 18 years of age. The Website strictly prohibits using Website to the individuals below the age of 18 (minors).

By using Website Acquirer confirms that Acquirer accepts these terms and conditions as set out below and agree to comply with them.

Information about the Company:

  • Name of the Company: VT PLAN & SECURITY Sarl («Company», «we», «us», «our»)
  • Company address: Place Chauderon 18, Lausanne, 1003, Switzerland
  • Phone: +49 177 5020002.
  • E-mail: info@fundamentum.io
  • Website: https://fundamentum.io.

If you (Acquirer) fail to understand the terms and conditions or feel some problem, please feel free to contact us before making use the Website.

LICENSE TO USE WEBSITE

1.1.Unless otherwise stated, the Company owns the intellectual property rights in the Website and material on the Website.

1.2. The Acquirer may view, download and print pages or images or other content from the Website for Acquirer’s personal use. The Acquirer must not republish material from Company’s Website (including republication on another website); reproduce, duplicate, copy or otherwise exploit material on Company’s Website for a commercial purpose; edit or otherwise modify any material on the Website; or redistribute material from this Website except for content specifically and expressly made available for redistribution.

1.3. The Acquirer may not use any linking, deep-linking, framing or page-scraping technology, robots, spiders or other automatic devices, programs, algorithms or methodologies, or any similar or equivalent manual processes, to access, acquire, copy, distribute, display or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

 

The Acquirermust not:

  • republish material from this Website (including republication on another Website)
  • sell, rent or sub-license material from the Website
  • show any material from the Website in public
  • reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose
  • edit or otherwise modify any material on the Website or
  • redistribute material from this Website except for content specifically and expressly made available for redistribution.

 

1.4. The Acquirer must not use Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

1.5. Company’s official Website is https://fundamentum.io and Company is not responsible for the content and information contained in non-official website or webpages.

REGISTERED USERS

2.1. To become a registered user, the Acquirer must fill in the registration form. The Acquirer ensures that all the information he or she provides to Company as part of the registration procedure is true, accurate, fair and complete. Restrictions and limitations of Acquirer’s user account are subject to further verification processes. The Acquirer may be requested to provide further personal details during the verification process under Acquirer profile page. The Company reserves the right to disable accounts with incomplete or fraudulent personal details.

2.2. The Acquirer will select his or her username and password, but the Acquirer acknowledges that the Company may refuse to permit, or may insist that Acquirer change, any username at Company’s sole discretion.

2.3. The Acquirer acknowledges that log-on access codes and passwords that are provided to Acquirer are for Acquirer’s use only and may not be shared. The Acquirer (you) shall ensure that Acquirer’s log-on access code and password is kept confidential.  The Acquirer agrees to accept sole responsibility for the use and protection of the log-on access codes and passwords provided to Acquirer, including protecting the confidentiality of such passwords. The Acquirer shall use commercially reasonable efforts to prohibit or cease any unauthorized access to the Website or content. The Acquirer must inform the Company immediately if Acquirer becomes aware of any unauthorized use of his or her account.

2.4. The Acquirer is responsible for any activity on Company’s Website arising out of any failure to keep Acquirer’s account details confidential and may be held liable for any losses arising out of such a failure.

2.5. The Acquirer must not use any other person’s username and password to access the Company’s Account unless Acquirer has that person’s express permission to do so.

2.6. The Company may disable usernames and passwords, delete accounts, and delete any information associated with an account, in Company sole discretion without notice or explanation.

2.7.Some points which the Acquirer is bound to comply while registering are:

  1. The information which Acquirer is providing during registration is 100% authentic, latest, accurate and complete.
  2. The services and/or the Website usage by Acquirer do not violate any regulations or legal laws set by Acquirer’s jurisdiction.
  3. The Acquirer should have reached 18 years of age or whatever is the permissible legal age limit in Acquirer’s respective jurisdiction.

SOCIAL MEDIA POLICY

The Company engages with Acquirers and the public through online social media channels. Please be aware that when engaging with the commonwealth over social media, Acquirer (you) are agreeing to the following:

3.1.Currently,

company Facebook is https://www.facebook.com/fundamentum.io/,

company Telegram is https://t.me/fundamentum_io,

company Instagram is https://www.instagram.com/fundamentum.io/.

Company is not responsible for the content and information contained in non-official pages and/or any other social media channels.

3.2. The Company is not responsible for content generated by Acquirers on social media platforms.

3.3. The Company social media pages are located within platforms such as Facebook, Telegram, Instagram that has their terms of services, privacy policies, and other rules to which Acquirers are subject when he or she visits those pages.

THIRD-PARTY WEBSITES

The Website may contain links to websites of third parties. These links are provided to Acquirer as a convenience, and the Company is not responsible for the content of any linked website. Besides, a link to any non-Company website does not imply that Company endorses or accepts any responsibility for the content or use of such a Website.

TRADEMARKS

5.1. Fundamentum and Company’s logo is trademarked belonging to the Company. The Company does not permit the use of these trademarks, and such use may constitute an infringement of the Company’s rights.

5.2. The other registered and unregistered trademarks or service marks on the Company’s Website are the property of their respective owners. Unless stated otherwise, Company does not endorse and are not affiliated with any of the holders of any such rights and as such the Company cannot grant any license to exercise such rights.

WEBSITE ACCESSIBILITY

The Company takes all reasonable steps to ensure the Website is available and functioning fully at all times. However, Company does not accept any responsibility for ‘down-time’ or poor performance of Company’s fileservers or where the Website or any associated service is unavailable for any reason, whether within or outside Company’s direct control.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

7.1.The Website and content provided to Acquire the Company shall be on “as is” basis. The Company makes no representations or warranties about this Website or the information and materials provided on this Website. Neither the Company services nor any data provider make any warranty, express or implied, as to the accuracy, timeliness or completeness of the Website or content or as to the results to be attained by Acquirer or others from the use of the content.

Without prejudice to the generality of the foregoing paragraph, the Company does not warrant that:

this Website will be constantly available, or available at all or

the information on this Website is complete, true, accurate or non-misleading.

Nothing on this Website constitutes or is meant to constitute, advice of any kind. If Acquirer requires advice about any legal, financial or medical matter Acquirer should consult an appropriate professional.

7.2.Acquirer hereby acknowledges that there are no express or implied warranties of title, merchantability or fitness for a particular purpose or use and that Acquirer has not relied upon any warranty, guaranty or representation made Company or any data provider, except the representations made by Company, specifically outlined in these terms of use.

7.3.No liability, neither Company nor any data provider shall in any way be liable to Acquirer or any client of the Company for any inaccuracies, errors or omissions, regardless of cause, in the content provided hereunder or for any damages (whether direct or indirect) resulting there from. Without limiting the foregoing, Company shall have no liability whatsoever to Acquirer, whether in contract (including under an indemnity), in tort (including negligence), under a warranty, under statute or otherwise, in respect of any loss or damage suffered by Acquirer as a result of or in connection with any opinions, recommendations, forecasts, judgments, or any other conclusions, or any course of action determined, by Acquirer or any client of the Company, whether or not based on the Website or content.

7.4.Company will not be liable to Acquirer (whether under the law of contact, the law of torts or otherwise) about the contents of, or use of, or otherwise in connection with, this Website:

for any indirect, special or consequential loss or

for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if the Company has been expressly advised of the potential loss.

7.5.To the fullest extent permitted by law, under no circumstances the Company or any data provider have any liability to Acquirer or any third party accessing the Website and/ or the content through Acquirer, arising from contract (including under any indemnity), in tort (including negligence), under any warranty (express or implied) under statute or otherwise, in each case for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages with respect to the subject matter of the terms of use, the content and / or the Website, including, but not limited to, in respect of any loss of profits, loss of revenue, lost business, loss of opportunity regardless of whether such damages could have been foreseen or prevented or advised to the Company.

7.6.Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this Website disclaimer will exclude or limit Company’s liability in respect of any:

fraud or fraudulent misrepresentation on the part of Company’s or

matter which it would be illegal or unlawful for Company to exclude or limit, or to attempt or purport to exclude or limit, its liability.

7.7. By using this Website, Acquirer agrees that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.

If Acquirer does not think they are reasonable, Acquirer must not use this Website.

7.8.If any provision of this Website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.

INDEMNIFICATION

The Acquirer indemnify, defend and hold harmless the Company and its directors, officers, agents employees, successors, assigns and all Data Providers, and each of their affiliates, directors, officers, agents, employees, members, partners, successors and assigns (“Company Indemnities”) from and against any and all losses, liabilities, damages, costs (including reasonable attorneys’ fees) and expenses (including without limitation legal expenses and any amounts paid by Company to a third party in settlement of a claim or dispute on the advice of Company’s legal advisers) incurred or suffered by Company arising as a result of any claims, suits or proceedings (collectively, “Claims”) brought by any third party against any the Company Indemnities arising from Acquirer’s use of this Website and/or content and/or arising out of any breach by Acquirer of any provision of these terms and conditions and/or arising out of any claim that Acquirer has breached any provision of these terms and conditions.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to Company’s other rights under these terms and conditions, if Acquirer breach these terms and conditions in any way, Company may take such action as Company deems appropriate to deal with the breach, including suspending Acquirer’s access to the Website, prohibiting Acquirer from accessing the Website, blocking computers using Acquirer’s IP address from accessing the Website, contacting Acquirer’s internet service provider to request that they block Acquirer’s access to the Website and/or bringing court proceedings against Acquirer.

ACCEPTABLE USE

10.1. The Acquirer must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

10.2. The Acquirer must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

10.3. The Acquirer must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or about this Website without Company’s express written consent.

10.4.The Acquirer must not use this Website to transmit or send unsolicited commercial communications.

10.5.The Acquirer must not use this Website for any purposes related to marketing without Company’s express written consent.

10.6.Acquirer promises that he or she will not use the Company Website to transmit any Content:

  • not related to appropriate subject matters;
  • which is misleading to others, including consumers;
  • that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • that Acquirer does not have a right to post and transmit under any law or contractual relationships;
  • such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or;
  • intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.

GENERAL TERMS

11.1. Acquirer agrees that no joint venture, partnership, employment, or agency relationship exists between Acquirer and Company as a result of the terms and conditions or accessing or using the Company Website. Company’s performance under the terms and conditions is subject to existing laws and legal process, and nothing contained in the terms and conditions is in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to Acquirer’s access or use of the Company Website or information provided to or gathered by Company with respect to such use.

11.2.Interpretation of the terms and conditions. Unless otherwise specified herein (or in any other definitive written agreement between Acquirer and Company), the terms and conditions constitutes the entire agreement between the Acquirer and the Company with respect to the Company’s Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Acquirer and the Company with respect to the Company Website. A printed version of the terms and conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

11.3.Legal Compliance. The Acquirer shall comply with all applicable local, state, federal and international laws, statutes, ordinances and regulations regarding Acquirer’s use of Company Website, solicitation of offers to purchase, and purchase of the property.

11.4.Except with the express written permission of the Company, Acquirer agrees that Acquirer will not access or attempt to access password protected, secure or non-public areas of the Company Website.

11.5.Law. In the case of any legal dispute, Swiss law shall be applied, regardless of the jurisdiction where Acquirer is based. By using Company’s Website irrevocably Acquirer agrees that Swiss courts shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions and Acquirer agrees to submit irrevocably the decisions reached under Swiss law. Any legal proceedings shall take place in Switzerland.

11.6.Language. The English language version of these terms and conditions shall be the prevailing version in the event of any discrepancy between any translated versions of these terms and conditions.

11.7.The Acquirer is not permitted to register more than one Account on the Website.

ASSIGNMENT

The Company may transfer, sub-contract or otherwise deal with the Company’s rights and/or obligations under these terms and conditions without notifying Acquirer or obtaining Acquirer’s consent.

UPDATES

As far as Company introduces new products or services, or as the Internet and computer security technology evolves or in Company’s sole discretion at any time, these terms and conditions will be updated. The Company consequently reserves the right to change or supplement further explanations as needed, and changes will be published on this page of the Company’s Website. The Acquirer must periodically visit the Company’s Website to review any changes that may be made to these terms and conditions. Acquirer continued use of the Company’s Website constitutes Acquirer’s agreement to be bound by any such changes to these terms and conditions. Please check this page regularly to ensure Acquirer (you) are familiar with the current version.