GATECOIN LIMITED TOKEN PRE-SALE TERMS

Please read these token pre-sale terms and conditions (the "Pre-sale Terms") carefully. By clicking "I AGREE", you agree to be legally bound by these Pre-sale Terms and all terms incorporated by reference.

  1. INTERPRETATION
    1. Unless otherwise defined herein or the context otherwise requires, defined terms used in these Pre-sale Terms, shall have the meaning set out below. All terms not otherwise defined herein are defined within the Terms of Use.
      Commencement Date: the issue date of the Token(s) pursuant to the Pre-sale.
      Pre-sale(s): a method that distributes pre-sale Token(s) in respect of a particular project in exchange for a contribution from a User.
      Issuer: The legal entity carrying out the Pre-sale.
      Terms of Use: Gatecoin's Terms of Use, which can be found here
      Token: the cryptographic token (being a Blockchain Asset) that will be created by the Issuer in respect of its Pre-sale.
      User: a "Verified (Tier 1) User", a "Certified (Tier 2) User" or a "Corporate User" (please see the verification schedule for further details of the different types of user and the associated know-your-client requirements).
    2. Unless the context otherwise requires, references in these Pre-sale Terms to:
      1. "we, us and our" refers to Gatecoin; and "you and your" refers to you as the User;
      2. any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms;
      3. any of the masculine, feminine and neuter genders shall include other genders; and
      4. the singular shall include the plural and vice versa.
  2. PARTICIPATION THROUGH THE GATECOIN PLATFORM
    1. At its sole discretion, Gatecoin may allow a User (or Users) to participate in a Pre-sale through the Gatecoin Platform. These Pre-sale Terms are legally binding on you, as a User, in respect of a Pre-sale through the Gatecoin Platform.
    2. By clicking "I Agree" and/or participating in a Pre-sale you confirm, represent and warrant that you have read, understood and agree to these Pre-sale Terms, as well as the Terms of Use, AML Policy, Privacy Policy, Fee Schedule and Transfer Costs Schedule (all of which are expressly incorporated into these Pre-sale Terms).
    3. In the event of any unintended conflict between the Pre-sale Terms and the Terms of Use, the provisions of the Terms of Use shall prevail.
  3. PRE-SALE
    1. In respect of an Issuer's Pre-sale, Gatecoin may be granted a pre-allocated share of Token(s) of the total number of Tokens to be offered pursuant to such Pre-sale.
    2. Gatecoin may, at its sole discretion, allow a User the right to participate in a Pre-sale on a first-come-first-serve basis subject to the receipt by Gatecoin of contribution funds (whether in the form of Fiat Currency, Blockchain Assets or otherwise) from a User who intends to participate in the relevant Pre-sale. You acknowledge and agree that in allowing you to participate in a Pre-sale, neither Gatecoin nor any member of the Gatecoin Group is providing you with any legal, tax, investment, financial or other advice, and to the extent you deem necessary, you should consult professionals in your own jurisdiction prior to participating in the Pre-sale.
    3. By participating in a Pre-sale through the Gatecoin Platform, each User agrees and acknowledges that:
      1. Gatecoin is acting merely as an intermediary (and not principal nor agent) between the User(s) and the Issuer in respect of the Pre-sale;
      2. neither Gatecoin nor any member of the Gatecoin Group:
        (a) shall be responsible, nor have any liability for, any promise, representation or obligation given or made by or on behalf of the Issuer in respect of the Token and/or the Pre-sale; and
        (b) offers any endorsement, warranty, representation or opinion in respect of any statement, opinion, forecast or analysis provided by the Issuer to Gatecoin, which is then provided to the User;
      3. all practical considerations (including, but not limited to, currency conversions and Token allocation), will be performed by Gatecoin but Gatecoin shall have no liability to the User in respect of such practical considerations (subject to the fraud or gross negligence of Gatecoin);
      4. Gatecoin may terminate the Pre-Sale at any time for any reason in its sole discretion. Neither Gatecoin nor any member of the Gatecoin Group takes responsibility for, nor shall be liable to you, any other person or any institution for such termination;
      5. participating in a Pre-sale and trading Tokens carries a high level of risk, and may not be suitable for each User. Due to the nature of Tokens and the Issuers involved, there is a substantial risk of permanent and total loss of the full or partial value of any Token and/or a User's contribution in purchasing a Token. Please refer to the non-exhaustive list of such risks as set out in Section 4 of the Terms of Use ("Risk Disclosure");
      6. neither Gatecoin nor any member of the Gatecoin Group is liable, nor shall they be held responsible, if the demand for any Token shall be more than Gatecoin's pre-allocated share of Tokens;
      7. it is customary for Issuers to keep their Tokens non-transferable until a milestone has been reached in accordance with the terms and conditions of such Token, and that neither Gatecoin nor any member of the Gatecoin Group shall be responsible for any failure to reach, or any delaying in reaching, such a milestone;
      8. all investment decisions made in respect of a User's participation in a Pre-sale are made solely by such User. Gatecoin accepts no responsibility whatsoever for and shall in no circumstances be liable to a User in connection with such decisions;
      9. neither Gatecoin nor any member of the Gatecoin Group assumes any responsibility for the technical integrity and security of the smart contract relating to the Token. Neither Gatecoin nor any member of the Gatecoin Group assumes, under any circumstances, any liability (nor shall they be held responsible) for the technical failure of the smart contract relating to the Token, which may result in a complete loss of funds and investment; and
      10. these Pre-sale Terms are in addition to any terms and/or conditions (including the relevant white paper) put in place by the Issuer in respect of the Pre-sale and/or the Token(s).
    4. Details relating to the Pre-sale and the Token (including the terms and conditions of the Pre-sale and/or Token, price and payment terms) which the Issuer has deemed relevant to the Pre-sale and/or Token will be contained in the Issuer's white paper. Neither Gatecoin nor any member of the Gatecoin Group takes responsibility for, nor shall be liable to you, any other person or any institution for, the accuracy, completeness, timeliness or correct order of any information relating to the Pre-sale and/or Token.
    5. All User contributions relating to the Pre-sale received by Gatecoin shall be transferred to the Issuer prior to the Commencement Date. After the Commencement Date, the Issuer will provide the relevant Token(s) to Gatecoin in accordance with its own Token-issue timetable (which may or may not be set out in the relevant white paper), who shall in turn allocate the Token(s) to each relevant User based on such User's contribution. A User's purchase of Token(s) is final and non-refundable. You acknowledge and confirm that neither Gatecoin nor any member of the Gatecoin Group will be responsible (nor shall they have any liability) for any failure (or delay) of the Issuer to issue any relevant Token(s).
    6. ALL RIGHTS, DISCLAIMERS AND LIMITS OF LIABILITY AS SET OUT IN THE TERMS OF USE SHALL APPLY TO THESE PRE-SALE TERMS MUTATIS MUTANDIS
  4. INDEMNTIY
    1. Each User shall be responsible for his compliance with these Pre-sale Terms and the terms of the Pre-sale and/or Token. In the event of any liability or loss suffered by, or any claim or lawsuit made against, Gatecoin (or any member of the Gatecoin Group) relating to a breach and/or non-compliance by a User of these Pre-sale Terms and/or terms of the Pre-sale and/or Token, such User agrees to settle such liability, loss, claim(s) or action(s) at his own expense, and shall indemnify Gatecoin (and the Gatecoin Group) in respect of any Loss or liability which it or they may incur as result of such breach and/or noncompliance.
  5. USER INFORMATION
    1. By participating in a Pre-sale you agree that Gatecoin is entitled to disclose a User's personal data to the Issuer as is reasonably required to facilitate the Pre-sale and the issue of Token(s) by the Issuer.
  6. MISCELLANEOUS TERMS
    1. Sections 28 (Miscellaneous Terms) of the Terms of Use shall apply to these Pre-sale Terms mutatis mutandis.
    2. Gatecoin reserves the right to amend and/or change these Pre-sale Terms at any time in its sole discretion. Any material changes to these Pre-sale Terms will be notified to the relevant Users. Gatecoin accepts no responsibility whatsoever for, and shall in no circumstances be liable to a User in connection with, any such amendment and/or change to these Pre-sale Terms.
  7. QUESTIONS AND CONTACTS
    1. If you have any questions or would like more information about Gatecoin, please feel free to contact us at support@gatecoin.com. If you need help or would like to contact us with a complaint, please contact our Support team using one of the following methods:
      1. Email support@gatecoin.com using the email address associated with your User Account; or
      2. Gatecoin 2F Bonham Centre, 79-85 Bonham Strand, Sheung Wan, Hong Kong SAR.