General Terms of Service (“Terms”)
References in these Terms to “InvestConservation”, “IC”, “we”, “our” or “us”, are to InvestConservation and references to “user”, “you” or “your” are to the person who signs up to use the InvestConservation services.
By agreeing, you confirm that you have read, understood and accepted the respective terms. InvestConservation and you are deemed to have entered into an agreement, and the Terms become effective, from the moment InvestConservation grants you access to the services.
If you do not agree to the Terms it would be unlawful for you to use the services of InvestConservation, you should not provide your consent and you are not entitled to use our services.
Information on website:
The information contained on the InvestConservation website has been obtained from sources that InvestConservation assumed to be reliable. To the extent permitted by law, InvestConservation gives no warranties or guarantees and make no representations as to the accuracy, completeness, currency, reliability or adequacy of the information displayed on the website. You should independently satisfy yourself as to the information displayed on our website and agree to use it at your sole risk and on an “as is” basis.
Risks related to virtual assets and our services
Token value can go up or down. You should carefully consider and assess whether InvestConservation’s products are suitable for you depending upon your financial circumstances, objectives, needs, resources and tolerance to risk and/or obtain professional financial, legal and/or taxation advice. Virtual assets are not currently regulated in Switzerland. The regulatory environment for virtual assets and virtual asset service providers and expectations by the supervisory authorities may be changing.
InvestConservation’s operations are not supervised by any financial sector supervisory authority and we are not covered by any financial compensation scheme.
The capitalized terms expressions defined elsewhere in the Terms, the capitalized terms and expressions below shall have the following meanings:
|Buyer||a user, either private individual or a legal person, who registers themselves to be able to carry out transactions in IC tokens.|
|Marketplace||an application for facilitating trades in, and transfers of, IC tokens.|
|IC Token||a virtual asset minted by InvestConservation proving the contractual right to carbon and biodiversity on a specific land plot. The characteristics of an IC token as virtual asset will be determined by InvestConservation.|
|Token Wallet||an application that enables a User to store, view, transfer, and manage the balances of IC tokens.|
|User||a registered user of InvestConservation.|
|User Account||a unique account with InvestConservation setup for each User through which a User has access to the marketplace.|
|Website||https://investconservation.com operated by InvestConservation.|
2. USER REGISTRATION AND USER ACCOUNT
2.1 For using InvestConservation’s services a person must become a User and open and maintain a User Account.
2.2 In registering for the User Account, you confirm that:
- you as a private individual are at least 18 years old;
- you as a private individual, legal person, or other organization, have full legal capacity and are fully authorized to enter into an agreement with us;
- your use of InvestConservation’s services will not violate any agreements, obligations, laws or regulations applicable to you.
2.3 We may ask you to identify yourself and provide evidence of the information provided regardin g yourself and your activities. In order to verify the information you have provided, we have the right to make enquiries to public or private registries or to other sources or to engage third party service providers and share your information with them.
2.4 You confirm that the information you provide us during the registration and later during our relationship is true, accurate and complete . You undertake to update the information you have provided us with during the User Account opening process whenever there is change in such information.
2.5 It is InvestConservation’s discretionary decision to register you as a User or refuse registration. We inform you of our decision through the website or via email.
2.6 The User Account and InvestConservation’s services can be used only by a User. Each User opens an individual User Account.
2.7 You agree to use the User Account and the InvestConservation services in good faith and in accordance with these terms and in compliance with applicable laws and regulations.
You must not use the User Account:
- for the purposes of, or in connection with, laundering money, financing terrorism or weapons proliferation, environmental crime, fraud, corruption, br/ibery, cyber-crime, or other illegal activities;
- in a way that adversely interferes with or attempts to interfere with the normal operations, and/or activities of the services or the legitimate interests of others, or to introduce a software virus or other disruptive program or do any other acts which would disrupt the orderly functioning of the services.
2.8 We may suspend access to the User Account if we suspect or become aware of any unauthorized use of the User Account or if you inform us of such use.
2.9 Our services may be temporarily inaccessible due to technical reasons while we deploy new functions or revise the existing ones.
2.11 In communicating with you, we will send you a message through your User Account or use the email address or the telephone number you have provided to us. You undertake to keep your contact details up-to-date. You can contact us either by sending us a message through the User Account or by sending an email to email@example.com.
2.12 We are committed to maintaining the security of the services. However, your individual actions may pose risks. You agree to keep your User Account access credentials (such as username and password) confidential, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your User Account and personal information.
2.13 When you create a User Account, you agree to:
- create a strong password that you do not use for any other website or online service;
- maintain the security of your User Account by protecting your password and restricting unauthorized access to, or use of, your User Account; and
- promptly notify us if you discover or otherwise suspect any security br/eaches related to your User Account, incl. unauthorized access or use.
2.14 You acknowledge that all instructions provided via the User Account will be treated as having been provided by you and you will bear all responsibilities arising from these instructions. If another person has provided instructions for InvestConservation’s services via your User Account, you will solely be liable for any damages to yourself, to InvestConservation or to other Users as a result of any unauthorized access.
3. IC Tokens
3.1 IC Tokens are NFTs- Non- Fungible Instruments and are directly linked to a specific land plot after being minted . Tokens give contractual rights to carbon and biodiversity. Tokens do not provide land ownership.
3.2 IC Tokens and Token Wallets are operated on the public blockchain network Solana which is an open-source software project. InvestConservation does not own or control any blockchain protocols and software, and assumes no responsibility for the operation of the underlying protocols. There is no guarantee regarding the functionality, security, legality, or availability of the underlying protocols.
3.3 Should there be any changes to the blockchain protocols we use or if we reasonably deem necessary for other technical reasons, we have the right to amend, suspend or terminate the affected services, incl. the right to re-configure, re-deploy or replace the technical solution or parameters forming or underlying IC token or the Token Wallet (without materially affecting the value and content of these to the extent under our control).
4. Transactions in IC tokens
4.1 A Buyer may initiate a purchase of IC tokens by entering respective instructions through the services. The conditions of the instruction (e.g. the price, payment deadline) are set out in the specific instruction. InvestConservation will execute the instruction at its discretion subject to the conditions attached to the specific instruction, given there is a sufficient number of tokens for sale. InvestConservation will execute instructions in the order that they were received.
4.2 There is no assurance regarding the value of a token. Nor is there an assurance that a liquid market will develop for biodiversity tokens.
4.3 Unless otherwise set out in these Terms, it is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct and to withhold, collect, report and pay the correct amount of tax to the appropriate tax authorities.
Any transfer of IC Tokens and money in the Wallets is unconditional, irrevocable and irreversible from the moment of completion of the transfer. This means that you will not be able to cancel an already completed transaction.
5. Amendments to the Agreement
5.1 InvestConservation may need to adjust the Agreement as the services evolve. Therefore, InvestConservation reserves the right to unilaterally amend these documents.
5.2 If there are Amendments to the Agreement these will be communicated (as described in Communications) at least 2 weeks prior to the new/amended Terms becoming effective. If you disagree with the Amendments, you will have the right not to accept the amendments and discontinue using all or the affected part of InvestConservation’s services. In such case, the Agreement as a whole or the respective part will terminate. If you do not inform us of your unacceptance within the 2 week period, you are deemed to have agreed to the amendments.
Compensating the damage
6.1 In addition to other rights available under the applicable law and the Agreement, each party shall compensate the other party for any direct liabilities, damages, fines, penalties and costs incurred in connection with or directly arising from or out of any br/each of the Agreement.
Neither party shall be liable for br/each of the Agreement due to unforeseeable circumstances beyond their reasonable control.
6.2 You agree to compensate InvestConservation for any direct damages and costs which we would suffer as a result of a claim by any third party due to your conduct as a User.
6.3 In no event, including the negligent act or omission on its part, shall InvestConservation be liable to you, whether under the Agreement or otherwise in connection with it, in contract, tort, statutory duty or otherwise, in respect of any indirect, incidental or consequential losses or expenses including loss of profits, goodwill, reputation, business receipts or commercial opportunities, whether or not foreseeable.
6.4 InvestConservation services are provided on an “as is” and “as available” basis. InvestConservation makes no warranties of any kind, whether express or implied, in relation to the Website or the services, including but not limited to, implied warranties of satisfactory quality, functionality, fitness for your particular purpose, compatibility, security, condition or completeness.
The operation of the InvestConservation’s services, including the blockchain network related activities, are relying on the availability and reliability of third party services and information and could be adversely affected by failures in third-party information or services. InvestConservation cannot therefore ensure our services will be continuous, uninterrupted, timely or error-free.
You agree that we are not liable for any damages or costs you may incur as a result of any of the above.
7. DATA PROTECTION AND CONFIDENTIALITY
7.1 In order to provide you services, we may process personal data about you as an individual. If you represent a legal entity, we may collect personal data that you have or will provide to us concerning your employees, other associates, or other individuals. You confirm that your disclosure of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date, and relevant when disclosed.
7.2 We acknowledge that certain information regarding you or other information shared with us during the registration or business relationship is not personal information but can still be regarded as confidential. We agree to keep your information confidential and use it solely for the purposes of operating the services to you. You agree that we may disclose this information to third parties when we have a valid reason for it. When sharing your confidential information with third parties we agree to impose the same level of protection as to your personal information and only allow your confidential information to be accessed by those who require access to perform their tasks and duties, and to share only with third parties who have a legitimate purpose for accessing it.
8. INTELLECTUAL PROPERTY
8.1 Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials provided in connection with the services, including, but not limited to trademarks, trade names, logos, design, graphics, photos, unique technical and scientific solutions or inventions, and any rights attached to such intellectual property, and the intellectual property rights of software compilation, associated source code and software, remain the property of InvestConservation.
9. TERM AND TERMINATION
9.1 InvestConservation has the right to terminate the Agreement without giving any prior notice if any of the following occurs:
you have materially br/eached the terms and conditions of the Agreement
you or a person related to you (e.g. your board member or an ultimate beneficial owner) launder money, finance terrorism or do other illegal transactions or we have a suspicion that you or a person related to you carry out such activities
the information you have provided to us is inaccurate or incomplete in material aspects
When requested you do not provide information required for the purpose of KYC or adequate due diligence measures in accordance with applicable laws
your activity or inactivity as a User causes material or immaterial damages to us or to other Users or there is an actual threat that such damages would occur
- We are instructed to terminate the Agreement by a court order or an instruction by a competent public authority.