LEGAL CONSIDERATIONS, RISKS AND DISCLAIMER
YOU MAY LOSE ALL MONIES THAT YOU SPEND PURCHASING BPIT TOKENS. IN THE EVENT THAT YOU PURCHASE TOKENS, YOUR PURCHASE CANNOT BE REFUNDED OR EXCHANGED.
THERE IS NO GUARANTEE THAT THE UTILITY OF THE BPIT TOKENS OR THE PROJECT DESCRIBED IN THIS WHITE PAPER WILL BE DELIVERED.
YOU ARE WAIVING YOUR RIGHTS BY AGREEING TO THESE TERMS AND CONDITIONS AND PARTICIPATING IN THE BPIT (BPIT) LIMITED TOKEN SALE. BY PARTICIPATING IN THE BPIT (BPIT) LIMITED TOKEN SALE YOU ARE AGREE TO HAVE NO RECOURSE, CLAIM, ACTION, JUDGEMENT OR REMEDY AGAINST BPIT (BPIT) LIMITED IF THE UTILITY OF THE BPIT TOKENS OR IF THE PROJECT DESCRIBED IN THIS WHITE PAPER IS NOT DELIVERED OR REALISED.
IF YOU ARE UNCERTAIN AS TO ANYTHING IN THIS WHITE PAPER OR YOU ARE NOT PREPARED TO LOSE ALL MONIES THAT YOU SPEND PURCHASING BPIT TOKENS, WE STRONGLY URGE YOU NOT TO PURCHASE ANY BPIT TOKENS.
WE RECOMMEND YOU CONSULT LEGAL, FINANCIAL, TAX AND OTHER PROFESSIONAL ADVISORS OR EXPERTS FOR FURTHER GUIDANCE BEFORE PARTICIPATING IN THE BPIT (BPIT) LIMITED TOKEN SALE OUTLINED IN THIS WHITE PAPER. YOU ARE STRONGLY ADVISED TO TAKE INDEPENDENT LEGAL ADVICE IN RESPECT OF THE LEGALITY IN YOUR JURISDICTION OF YOUR PARTICIPATION IN THE TOKEN SALE.
BPIT TOKENS ARE NOT SHARES OR SECURITIES OF ANY TYPE. THEY DO NOT ENTITLE YOU TO ANY OWNERSHIP OR OTHER INTEREST IN BPIT (BPIT lony) LIMITED. THEY ARE MERELY A MEANS BY WHICH YOU MAY BE ABLE TO UTILISE CERTAIN SERVICES ON A PLATFORM THAT IS YET TO BE DEVELOPED. THERE IS NO GUARANTEE THAT THE PLATFORM WILL ACTUALLY BE DEVELOPED.
PLEASE READ THE ENTIRETY OF THIS “Legal Considerations, Risks And Disclaimer” SECTION CAREFULLY.
You Must Read The Following “Legal Considerations, Risks And Disclaimer” Section In Full Before: (I) Making Use Of This White Paper And Any And All Information Available On The Website(S) Of BPIT (BPIT) Limited (The “Company”) Located At BPIT.io(The “Website”); And (Ii) Participating In The Company’s Token Sale Outlined In This White Paper (The “Token Sale”).This “Legal Considerations, Risks And Disclaimer” Section Applies To This White Paper And Any And All Information Available On The Website. The Contents Of This “Legal Considerations, Risks And Disclaimer” Section Outlines The Terms And Conditions Applicable To You In Connection With (I) Your Use Of This White Paper And Of Any And All Information Available On The Website; And (Ii) Your Participation In The Token Sale, In Each Case In Addition To Any Other Terms And Conditions That We May Publish From Time To Time Relating To This White Paper, The Website And The Token Sale (Such Terms Hereinafter Referred To As The “Terms”). This “Legal Considerations, Risks And Disclaimer” Section May Be Updated From Time To Time And Will Be Published As Part Of The Latest Version Of The White Paper Which Shall Be Available On The Website. You Shall Be Obliged To Read In Full The Latest Available Version Of The White Paper Available On The Website Prior To Participating In The Token Sale.
The Information Set Forth In This “Legal Considerations, Risks And Disclaimer” Section May Not Be Exhaustive And Does Not Imply Any Elements Of A Contractual Relationship. While We Make Every Reasonable Effort To Ensure That All Information: (I) In This White Paper; And (Ii) Available On The Website (All The Information In The White Paper And All Information Available On The Website Hereinafter Referred To As The “Available Information”) Is Accurate And Up To Date, Such Material In No Way Constitutes Professional Advice. Individuals Intending To Participate In The Token Sale Should Seek Independent Professional Advice Prior To Acting On Any Of The Available Information.
Citizens, Nationals, Residents (Tax Or Otherwise) And/Or Green Card Holders Of Each Of: (I) The United States Of America; (Ii) The People’s Republic Of China; (Iii) South Korea; (Iv) Vietnam; And (V) Any Other Jurisdiction Which Prohibits The Possession, Dissemination Or Communication Of The Available Information And/Or Prohibits Participation In The Token Sale Or The Purchase Of Tokens Or The Offer For Sale Of The Tokens Or Any Similar Activity Or Product (Collectively The “Restricted Jurisdictions”) Or Any Other Restricted Persons Are Not Permitted To Participate In The Token Sale. The Term “Restricted Persons” Refers To Any Firm, Company, Partnership, Trust, Corporation, Entity, Government, State Or Agency Of A State Or Any Other Incorporated Or Unincorporated Body Or Association, Association Or Partnership (Whether Or Not Having Separate Legal Personality) That Is Established And/Or Lawfully Existing Under The Laws Of A Restricted Jurisdiction (Including In The Case Of United States Of America, Under The Federal Laws Of The United States Of America Or Under The Laws Of Any Of Its States).
The Tokens Are Not Intended To Constitute, And Shall Not Constitute, Securities In Any Jurisdiction. This White Paper Does Not Constitute A Prospectus Or Offer Document Of Any Sort And The Available Information Is Not Intended To Constitute An Offer Of Securities Or A Solicitation For Investment In Securities In Any Jurisdiction. The Company Does Not Provide Any Opinion Or Any Advice To Purchase, Sell, Or Otherwise Transact With Tokens And The Presentation, Publication Or Communication Of All Or Any Part Of The Available Information Shall Not Form The Basis Of, Or Be Relied Upon In Connection With, Any Contract Or Investment Decision.
No Part Of The Available Information Should Be Considered To Be Business, Legal, Financial Or Tax Advice Regarding The Company, The Tokens, The Token Sale Or Any Of The Matters To Which All Or Any Part Of The Available Information Relates. You Should Consult Your Own Legal, Financial, Tax Or Other Professional Advisor Regarding The Available Information. You Should Be Aware That You May Be Required To Bear The Financial Risk Of Any Purchase Of Tokens For An Indefinite Period Of Time.
NO REPRESENTATION & WARRANTIES
Notwithstanding Any Other Provision Of These Terms Or Any Statement Made Expressly Or Impliedly In The Available Information, The Company Does Not Make Or Purport To Make, And Hereby Disclaims, Any Representation Warranty Undertaking Or Covenant In Any Form Whatsoever To Any Entity Or Person, Including Any Representation Warranty Undertaking Or Covenant In Relation To The Truth, Accuracy And Completeness Of Any Of The Information Set Out In The Available Information.
REPRESENTATION & WARRANTIES BY YOU
By Howsoever Accessing And/Or Accepting Possession Or Communication Of All Or Any Part Of The Available Information, You Represent And Warrant (And Shall Be Deemed To Represent And Warrant) To The Company On The Date Of Such Access Or On The Latest Date On Which You Retain Possession Of All Or Any Part Of The Available Information As Follows:
- you are over 18 (eighteen) years of age;
- you agree and acknowledge that the Tokens do not constitute shares or equities or securities or financial instruments or investments in any form in any jurisdiction;
- you agree and acknowledge that the Available Information (including the White Paper and the Website) does not constitute a prospectus or offer document of any sort and is not intended to constitute an offer of securities in any jurisdiction or a solicitation for investment in securities and you are not bound to enter into any contract or binding legal commitment and no cryptocurrency or other form of payment is to be accepted on the basis of the Available Information;
- you agree and acknowledge that no regulatory authority has examined or approved of the Available Information, no action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction and the publication, distribution or dissemination of all or any part of the Available Information to you does not imply that the applicable laws, regulatory requirements or rules have been complied with;
- you agree and acknowledge that the Available Information, the undertaking and/or the completion of the Token Sale, or future trading of the Tokens on any exchange or market (regulated, unregulated, primary, secondary or otherwise), shall not be construed, interpreted or deemed by you as an indication of the merits of the Company, the Tokens, the Token Sale or the Available Information;
- the distribution or dissemination of the Available Information any part thereof or any copy thereof, or acceptance of the same by you, is not prohibited or restricted by the applicable laws, regulations or rules in your jurisdiction, and where any restrictions in relation to possession are applicable, you have observed and complied with all such restrictions at your own expense and without liability to the Company;
- you agree and acknowledge that in the case where you wish to purchase any Tokens, the Tokens are not to be construed, interpreted, classified or treated as:
- any kind of currency or commodity;
- debentures, stocks or shares issued by any person or entity (whether the Company or otherwise);
- rights, options or derivatives in respect of such debentures, stocks or shares;
- rights under a contract for differences or under any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss;
- units in a collective investment scheme;
- units in a business trust;
- derivatives of units in a business trust;
- you are fully aware of and understand that you are not eligible to purchase any Tokens or access the Available Information if you are a citizen, national, resident (tax or otherwise) and/or green card holder of a Restricted Jurisdiction or if you are a Restricted Person;
- you have a basic degree of understanding of the operation, functionality, usage, storage, transmission mechanisms and other material characteristics of cryptocurrencies, blockchain-based software systems, cryptocurrency wallets or other related token storage mechanisms, blockchain technology and smart contract technology;
- you are fully aware and understand that in the case where you wish to purchase any Tokens, there are risks associated with: (A) the Company and its business and operations; (B) the Tokens; (C) the Token Sale; and (D) relying or acting on all or any part of the Available Information;
- you agree and acknowledge that the Company is not liable for any direct indirect special incidental consequential or other losses of any kind in tort contract or otherwise (including but not limited to loss of revenue income or profits or loss of use or data or loss of reputation or loss of any economic or other opportunity of whatsoever nature or howsoever arising) arising out of or in connection with any acceptance of or reliance on the Available Information or any part thereof by you; and
- all of the above representations and warranties are true, complete, accurate and not misleading from the time of your last access to and/or possession of (as the case may be) the Available Information.
You Should Carefully Consider And Evaluate Each Of The Following Risk Factors And All Other Information Contained In These Terms Before Deciding To Participate In The Token Sale. To The Best Of The Company’s Knowledge And Belief, All Risk Factors Which Are Material To You In Making An Informed Judgment To Participate In The Token Sale Have Been Set Out Below. If Any Of The Following Considerations, Uncertainties Or Material Risks Develops Into Actual Events, The Business, Financial Position And/Or Results Of Operations Of The Company And The Maintenance And Level Of Usage Of The Tokens Could Be Materially And Adversely Affected. In Such Cases, The Trading Price Of Tokens (In The Case Where They Are Listed On An Exchange Or Market (Regulated, Unregulated, Primary, Secondary Or Otherwise)) Could Decline Due To Any Of These Considerations, Uncertainties Or Material Risks, And You May Lose All Or Part Of Your Tokens Or The Economic Value Thereof.
The Company May In The Future Be Dependent In Part On The Location And Data Centre Facilities Of Third Parties.
The Company’s Future Infrastructure Network May Be Established In Whole Or In Part Through Servers Which It Owns And/Or Houses At The Location Facilities Of Third Parties, And/Or Servers That It Rents At Data Centre Facilities Of Third Parties. If The Company Is Unable To Renew Its Data Facility Leases On Commercially Reasonable Terms Or At All, The Company May Be Required To Transfer Its Servers To A New Data Centre Facility, And May Incur Significant Costs And Possible Service Interruption In Connection With The Relocation. These Facilities Are Also Vulnerable To Damage Or Interruption From, Among Others, Natural Disasters, Arson, Terrorist Attacks, Power Losses, And Telecommunication Failures.
Additionally, The Third-Party Providers Of Such Facilities May Suffer A Breach Of Security As A Result Of Third-Party Action, Employee Error, Malfeasance Or Otherwise, And A Third Party May Obtain Unauthorised Access To The Data In Such Servers. The Company And The Providers Of Such Facilities May Be Unable To Anticipate These Techniques Or To Implement Adequate Preventive Measures.
The Team Does Not Guarantee Compliance With Any Country Across The World. Always Make Sure That You Comply With Your Local Laws And Regulations Before You Make Any Purchase.
There May Be Matters In This Whitepaper That Are Forward-Looking Statements. Such Statements Are Subject To Risks And Uncertainty. Participants Are Cautioned Not To Place Undue Reliance On These Forwardlooking Statements. The Actual Results Or Events That Transpires Afterwards May Be Different From What Is Implied Here. The Team Shall Not Guarantee The Accuracy Of The Forward-Looking Statements Outlined In This Whitepaper.
The Team Does Not Recommend That Any Cryptocurrency Should Be Bought, Sold, Or Held By You. Do Conduct Your Due Diligence And Consult Your Financial Advisor Before Making Any Investment Decisions. By Purchasing BPIT, You Agree That You Are Not Purchasing A Security Or Investment And You Agree To Hold The Team Harmless And Not Liable For Any Losses Or Taxes You May Incur. You Also Agree That The Team Is Presenting The Token “As Is” And Is Not Required To Provide Any Support Or Services