SMARTBANQ is a platform that provides its own tokens, based on the Ethereum ERC-20 protocol
(SMBQ Tokens), which will be distributed in the crowd-sale phases of the ICO.
SMARTBANQ, with the purpose of favoring the reader's understanding of this Terms and Conditions document, considers it necessary to define the following expressions contained therein:
Wallet Account: Online account created by the user provided on the Website and which will be used to store cryptocurrencies.
Blockchain: Type of ledger, composed of immutable data, digitally recorded, in packages called blocks.
SMBQ: Virtual currency tokens created by smartbanqcoin.com and known as SMARTBANQ COIN (SMBQ)
Cryptocurrency: is a digital asset designed to function as a means of exchange through cryptography to secure transactions and control the creation of additional units of currency.
Ethereum: an open decentralized blockchain platform that allows the creation of intelligent contract agreements between peers, based on the blockchain model. The official website is www.ethereum.org.
Ether: is the cryptocurrency of the Ethereum platform.
ERC20: It is a technical standard used for smart contracts in the Ethereum block chain.
ICO: a restricted initial currency offer by smartbanqcoin.com for eligible users in connection with the purchase of SMBQ.
NEM (XEM): Refers to the cryptocurrency and the name of a platform for a variety of assets, including currencies, supply chains, property registers, etc. It offers additional features to Blockchain technology, such as accounts with multiple signatures, encrypted messaging, etc. For more information.
NEM MOSAIC: NEM mosaics are assets that expose additional properties and other characteristics.
Services: all services provided by Smartbanqcoin.com, including the services available to registered Users on the Website.
Smart Contract System: set of rules that will regulate the entire project.
White paper: the document located on the website that contains the conditions of the ICO and that describes the project and the business model of Smartbanqcoin. com
Hard Cap: The maximum amount that an ICO will raise.
The sale of SMBQ tokens is not open to citizens, residents and nationals of the following countries:
United States of America.
Democratic People's Republic of Korea.
Therefore, SMBQ tokens will not be offered to citizens, residents and nationals of these states. You hereby agree and declare that you are not a citizen, resident or national of any of these states. You are aware and understand that any purchase of SMBQ tokens made by a citizen, resident or national of any of these states in the crowd-sale phase of the ICO and at any subsequent stage will be considered null and void. If you are not sure whether you are a citizen, resident or national of any of these states, you are advised not to participate or acquire SMBQ tokens in this crowd-sale or in any phase of the ICO.
This list is subject to changes and modifications as well as the rest of the Legal Terms and Conditions document. The exclusion of the country and its citizens, residents and nationals does not imply that SMARTBANQ does not want or will make investments or position itself in its market from the development of economic activities in various sectors.
The user, from the acquisition of the tokens, is therefore aware, understands and accepts that although the individuals and entities, including SMARTBANQ, assigned to this task will make the necessary efforts to contribute to the growth of the SMARTBANQ assets, it is possible that such development is not possible to carry out and the user's tokens are useless and / or worthless due to technical, commercial, legal reasons, the volatility of the cipro markets or any other nature.
The user is also aware of the risk that even if all the parts of the project carried out by SMARTBANQ are successful, it will not be sufficient if due to other factors such as: lack of public interest, technical reasons, commercial or legal or of any other nature, can cause the SMARTBANQ project to be partially or totally abandoned.
The user understands and accepts that the transfer of any type of acquisition of a cryptoactive (also called cryptocurrency or cryptocurrency) to the system arranged in this token issuance platform and its contracting with the smart contract entails significant financial and regulatory risks and may even affect its reputation (including the complete loss of value of the SMBQ tokens and any other attribute attributed in the SMARTBANQ project).
The user understands and accepts that the creation of the SMBQ tokens are based on a smart contract and the terms and conditions that regulate the smart contract are established in the SMART CONTRACT SYSTEM SOURCE CODE, which exists in the blockchain of Ethereum.
To the extent that the terms contained herein or in any other document or communication contradict those established in the SMART CONTRACT SYSTEM, those of the latter will always prevail.
Neither this document nor any other document or communication may modify or add any additional obligation to SMARTBANQ, the developer of the SMART CONTRACT SYSTEM and / or any other person or entity. When transferring any cryptocurrency or FIAT currency to the SMART CONTRACT SYSTEM and / or using pre-purchased SMBQ tokens, the user explicitly accepts all the terms and conditions established in the SMART CONTRACT SYSTEM CODE existing in the Ethereum blockchain and in this document, which is Incorporated here by reference. The user declares that he has carefully reviewed the SMART CONTRACT SYSTEM CODE, its operation and the terms and conditions established in that document to fully understand the risks and costs of creating the SMBQ tokens and contribute to a SMART CONTRACT SYSTEM for the development of the project. SMARTBANQ.
This document does not constitute a prospectus or prospectus of any kind, does not constitute an application or request to invest and is not related in any way to a public offering of sale, an offer of shares or participations or is related in any way to any class of offer of securities in any official market of negotiation of any jurisdiction. It is a description of the operation of a SMART CONTRACT SYSTEM.
The transfer of any cryptocurrency to the SMART CONTRACT SYSTEM and / or the reception of the SMBQ tokens does not imply any kind of participation, joint venture or any other kind of relationship between users and buyers and SMARTBANQ and / or other subjects (whether individuals or legal) that are involved with the deployment of the SMART CONTRACT SYSTEM and the creation of the SMARTBANQ project.
The contributions made to the SMART CONTRACT SYSTEM will not integrate any FIAT currency and will be made strictly in cryptocurrencies. Our exchange will initially allow using FIAT currencies but these values will be exchanged by Ethereum before transferring them to any smart contract.
RESERVATION OF TOKENS IN THE CROWD-SALE; POST-TOKENS PLACEMENT
PROCEDURE AFTER THE CROWD-SALE; REFUND.
Reservation of tokens: The number of SMBQ tokens to distribute in the crowd-sale amounts to the amount of 500,000,000.00. SMARTBANQ will use the SMBQ of the strategic reserve (20 .-%) to guarantee the profitability of its operations, having as objectives, among others, to solve the problems associated with fluctuations in SMBQ token circulation and that may affect our investors.
The strategic reserve will serve to ensure the payment and distribution of dividends to investors.
In addition, the reserve fund can also be used to buy and sell SMBQ tokens in the open market, in order to guarantee the security of transactions and minimize risks.
Token delivery: The SMBQ tokens will be automatically credited to the buyer / user and will be available for sale on exchange platforms as soon as the inclusion is approved and officially announced in the SMARTBANQ domain.
Right of reimbursement of the buyer / user: the buyer / user has no right to reimbursement for the acquired tokens under any circumstances.
PURPOSE AND USE OF THE TOKENS IN THE ECOSYSTEM; POSSIBLE MIGRATION OF TOKENS.
The purchase, ownership, receipt or possession of the tokens does not carry any express or implied right beyond the right to use the tokens to enable the use and interaction with the services enabled by the ecosystem, if it is completed and deployed successfully. Buyer understands and agrees that the tokens do not represent or confer any rights of ownership and participation, intellectual property rights or any other form of participation in the ecosystem and the company SMARTBANQ beyond the rights relating to the provision and receipt of Revenue from services in the Ecosystem, subject to the limitations and conditions contained in this agreement.
SMARTBANQ reserves the right to migrate the tokens under the ERC-20 protocol to another protocol that in the future the company determines, at its reasonable discretion, that is necessary or useful for the operation of the Ecosystem.
All of our assets are subject to intellectual property rights, and extend to all copyrights, registered trademarks, service patents, trade names, software code, icons, logos, characters, designs, trade secrets, buttons, scheme of Color and graphics are our sole and exclusive IP and are all protected by local and international intellectual property laws and treaties, including all copyright laws and regulations. The user must respect all property rights and, unless you have been granted an explicit permission from SMARTBANQ, you must not use the Services or any other information or software for any purpose other than personal.
The participation of the SMARTBANQ website does not grant any other right. We have all the images shown on our website and software. The user can not make use of the images in any case.
Nothing contained on the SMARTBANQ website shall be construed as conferring, by implication or otherwise, any license or right of use of any trademark without our written permission or that of third parties that may own the trademarks.
AREA OF APPLICATION.
Not with standing the provisions herein, this agreement only regulates the purchases of SMBQ tokens from the buyer during the crowd-sale.
Any use of tokens relating to the provision or receipt of services may be governed by other terms, conditions and / or policies.
In order to participate in the crowd-sale, it is necessary that the buyer / user has a portfolio (wallet) Ethereum that supports the ERC-20 standard to receive any token purchased from SMARTBANQ.
Token payments can also be executed in BTC. SMARTBANQ reserves the right to add new specific requirements for the acquisition of tokens.
CANCELLATION: REJECTION OF PURCHASE REQUESTS.
All purchases of tokens to SMARTBANQ are final, and there will be no refunds or cancellations except in the case of being required by the applicable regulations. SMARTBANQ reserves the right to refuse or cancel any request to acquire tokens at any time at its sole discretion.
ASSIGNMENT OF TOKENS.
The white paper has provided important information on the creation and intended use of the tokens by SMARTBANQ. When purchasing the tokens, the buyer / user acknowledges having read and understood the whitepaper.
RECOGNITION AND ASSUMPTION OF RISKS.
The buyer acknowledges and accepts that there are risks associated with the purchase of tokens, the ownership of tokens, and the use of tokens for the provision or receipt of services in the Ecosystem, as explained in the white paper. When acquiring the tokens, the buyer recognizes and explicitly assumes these risks.
The buyer / user is responsible for implementing reasonable measures for the security of their wallet or any other storage mechanism that the buyer / user uses to receive and store the acquired tokens to SMARTBANQ, including any private keys or other credentials necessary to access such storage mechanisms. If the buyer / user's private key or any other access credentials are lost, the buyer / user may lose access to their tokens. SMARTBANQ is not responsible for any losses, costs or expenses related to the loss of access credentials.
SMARTBANQ can determine, under its own criteria, that it is necessary to obtain certain information about the buyer / user to comply with the applicable regulations regarding the sale of tokens to the buyer / user. The buyer / user agrees to provide SMARTBANQ with such information immediately without delay when required. The buyer / user accepts and acknowledges that the company can reject the sale of tokens to the buyer / user until the buyer / user provides the required information and determines that the sale of tokens to the buyer / user is in accordance with current legislation.
Any amount that the buyer / user pays for the tokens is excluded from any applicable tax. The buyer / user is responsible for determining that, if applicable, taxes should apply to the acquisition of their tokens, including, for example, for sale, use, value increases, or any similar tax. It is also the responsibility of the buyer / user to retain, collect, report and remit the correct taxes to the corresponding authority. SMARTBANQ is not responsible for retaining, collecting, reporting and remitting any sale, use, increase in value or similar tax that accrues for the purchase of tokens by the buyer / user.
REPRESENTATIONS AND WARRANTIES OF THE COMPANY.
SMARTBANQ is a duly organized company, validly constituted and in accordance with the current regulations of its place of incorporation, and has the power and authority to operate and carry out its business as stated.
The execution, development and performance by SMARTBANQ of this agreement is within its power and, except for the actions that will be taken when the tokens are sold to the buyer / user, it has been duly authorized for all necessary actions to be carried out by the party. of SMARTBANQ. This agreement constitutes a valid, legal and binding obligation for SMARTBANQ, enforceable against SMARTBANQ according to its own terms, except for bankruptcy, insolvency or other rules generally applicable to the rights of creditors. SMARTBANQ, from its legal perspective, declares that the previously mentioned issues are not in confrontation with:
Your articles of incorporation or bylaws.
Any statutory document, standard or regulation applicable to the company.
Any deed or contract in which SMARTBANQ is a party or to which it is bound, where, in the event of default or failure, individually or in conjunction with all breaches or failures, it can reasonably be expected to have an adverse effect on SMARTBANQ.
No consent or approval is necessary regarding the development of this agreement, beyond:
Required requirements according to applicable regulations.
Corporate agreements necessary for the authorization of a sale of tokens.
REPRESENTATIONS AND WARRANTIES OF THE BUYER.
The buyer has sufficient knowledge about the techniques, the business (including those related to the services and the ecosystem), the cryptographic tokens, the token storage mechanisms (like the wallets) and the blockchain technology to understand this agreement and appreciate the risks and implications of acquiring the tokens.
The buyer has read and understood the terms and conditions of this agreement.
The buyer understands the restrictions and risks associated with the creation of tokens established in the present, and understands and assumes all these risks.
The buyer has obtained enough information about the tokens, the services and the Ecosystem to make a decision formed when acquiring the tokens.
The buyer understands that the tokens only confer the right to provide and receive services in the Ecosystem, and does not confer other rights in any way with respect to the Ecosystem or SMARTBANQ, including, but not limited to, any property right, distribution, rescue , liquidation, intellectual or industrial property, or any legal or financial right.
THE PURCHASER UNDERSTANDS AND AGREES THAT THERE ARE RISKS ASSOCIATED TO THE PURCHASE OF TOKENS, THE HOLDING OF TOKENS, THE USE OF TOKENS AND TO PROVIDE AND RECEIVE SERVICES IN THE ECOSYSTEM AS SET OUT IN THE PRESENT WRITING.
The acquisition of tokens by the buyer complies with the applicable regulations and regulations in the jurisdiction of the buyer, including, but not limited to, the legal capacity and other limits required in the buyer's jurisdiction for the acquisition of tokens and for contracting with SMARTBANQ , with any foreign exchange platform or restrictions applicable to said acquisition, and with any required permission.
The buyer will comply with any applicable tax that accrues in his jurisdiction.
If the buyer acquires tokens on behalf of any entity, the buyer is authorized to accept the terms of this agreement on behalf of said entity and said entity will be responsible for the breach of this agreement by the buyer, any other employee or agent of said entity. entity delegated by it (references to the "buyer" in this agreement shall therefore be understood as made with said entity, jointly).
The buyer is not a citizen, resident or national of any of the countries described in the section "BASIC PRINCIPLES". Should any of these circumstances change, the buyer agrees that he will immediately cease using the services. If the buyer is registering to use the services on behalf of an entity, the buyer guarantees that:
This entity is duly organized and validly constituted under the applicable regulations of its jurisdiction.
The buyer is duly authorized by said entity to act on his behalf.
To the fullest extent permitted by applicable law, the buyer shall indemnify, defend and hold harmless SMARTBANQ and its respective former, present and future employees, officers, directors, contracting parties, consultants, shareholders or partners, suppliers, vendors, service distributors. , matrices, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns, of and against claims, claims, actions, damages, losses, constes and expenses (including attorneys' fees) that arise from or relating to:
The acquisition or use of tokens by the buyer.
The responsibilities or obligations of the buyer diamonds of this agreement.
Breaches by the buyer of this agreement.
Violation of any right on any other person by the buyer.
SMARTBANQ reserves the right to exercise exclusive control over the defense, at the expense of the buyer, in any claim subject to compensation under this clause. This Compensation is added to, and not in lieu of, any other compensation established in any contract or document between the buyer and SMARTBANQ.
Claims will be made in accordance with the applicable regulations. It should be noted that the tokens are sold "as is" and "as available", without warranty of any kind, and SMARTBANQ explicitly denies all implied warranties attached to the tokens, including, including those warranties intended for a particular purpose or those implied by marketability.
SMARTBANQ does not guarantee that the tokens are error-free, that they meet the requirements of the buyer, or that the defects in the tokens are corrected, and SMARTBANQ can not and does not guarantee that the tokens or the mechanism delivery for the tokens are free of virus or other harmful components.
Some jurisdictions do not allow the exclusion of certain warranties or disclaimers of terms implicit in contracts with consumers, so some of the exclusions from warranties and waivers set forth in this section may not apply to the buyer.
LIMITATION OF LIABILITY.
In no case will SMARTBANQ or the company that owns your domain, be liable for any indirect, special, incidental, consequential, or any kind of damage (including, but not limited to, those related to the loss of income or benefits, loss of information). , of the use, or damages for the interruption of the business) that arise in any way related to the sale or use of the tokens or any relative to these terms, independently of the type of action, be it contractual, of tort, (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal cause (even if the party has been warned of the possibility of such damages and regardless of whether such damages are foreseeable), and in no case will there be additional liability of SMARTBANQ and the companies that participate jointly, be it contractual, guarantee, tort (including negligence, whether active, passive or imputed), or any other cause , arising from or relating to these terms or from the use or inability to use the tokens, beyond the amount paid by the buyer to SMARTBANQ.
The limitations set forth in this section shall not limit or exclude liability for gross negligence, fraud or misconduct of the company, whether intentional, deliberate or reckless. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in such case said limitations will not apply to the buyer.
DISCLAIMER OF LIABILITY.
Always according to the applicable regulations, the buyer releases SMARTBANQ and the company that owns the web domain, or those that have social holdings over it or the rest that make up the group of companies, liability, obligation, claim, demand and / or damages (direct or consequential) of any nature, known and unknown (including, but not limited to, claims for negligence) arising from disputes in users and by acts or omissions of third parties. The buyer expressly waives any right that the buyer may have under other regulations or custom that could limit the coverage of this disclaimer to include the claims that the buyer may know or suspect exist in favor of the buyer at the time of purchase. accept this disclaimer.
CONFLICT RESOLUTION; ARBITRATION.
For the solution of any conflict or litigious issue derived from this agreement, including those arising from them, as well as their validity, the parties submit themselves to the institutional arbitration of the competent Arbitral Tribunal, who is entrusted with the appointment of the arbitrator or arbitrators and the administration of the arbitration in accordance with applicable regulations in force at the beginning of the arbitration.
APPLICABLE LAW AND TERRITORIAL COMPETITION.
This agreement shall be governed, interpreted and enforced in accordance with the provisions of the laws of England and Wales, without regard to conflicts of laws, rules and principles that may cause the application of laws of any other jurisdiction. Any dispute between the parties that arises or is related to this agreement that is not subject to arbitration will be resolved before the courts of England and Wales.
INAPPLICABILITY, NULLITY OR ILLEGALITY OVERCOME
If any clause, term or provision of this agreement becomes unenforceable, null or illegal, in whole or in part, such clause, term or provision will be excluded from this agreement, in whole or in part, and will not affect the validity and enforceability of the remaining clauses, terms or provisions of this agreement.
Any provision of this agreement may be amended, waived or modified only with the written consent of SMARTBANQ.
In the event that one or more provisions of this agreement for any reason are found to be invalid, illegal or unenforceable, in whole or in part, or in the event that one or more provisions of this agreement become invalid or unacceptable. null / s, only such provision or provisions will be annulled and invalidated, not presuming such affection to any other provision of this agreement, leaving the rest of the provisions fully operational and fully effective.
Our failure to perform or enforce any of the rights or conditions under these Terms and Conditions will not be considered a waiver of such right or condition.
If any provision or right in favor of SMARTBANQ in these Terms and Conditions is considered to be excessively broad with respect to time, geographic scope or activity: the term will be interpreted in such a way as to allow its application as far as possible and in concurrence with the laws that are applicable.
All the rights and obligations described herein will be governed by the laws of England and Wales, without taking into account the conflicts of laws established in said jurisdiction.
AREAS OF ECONOMIC INVESTMENT OF SMARTBANQ.
For the diversification of the business areas in different geographical areas that SMARTBANQ has projected, on: Real State, residential promotion and tourist accommodation - all of them, developed in the White paper-, the terms and conditions that will be applied in each economic activity, they will be developed in the informative brochures of the promotions and contracts, all of them, different from this document, and will be gradually published as the legal team adapts to the applicable law of the State where the economic activity of which it is the object of the contractual relationship between the interested clients and SMARTBANQ
CONTACT DETAILS AND CUSTOMER SUPPORT SERVICES.
SMARTBANQ wants to provide a professional customer service.
You can contact us in any question and / or question you may have in the following contact methods:
130 Old Street London, EC1V 9BD, London, United Kingdom.
Our mail Address :
For more information about how to file a complaint with us or about our complaints handling procedures, visit here Questions related to transactions or accounts: