TERMS OF SERVICES



FOR THE JCN VIRTUAL TOKENS PURCHASE SERVICES



Company:
Ctrl Venture s.r.o., ID: 042 46 110, registered office Brno, Nové Sady 988/2, P.C. 602 00, registered in the commercial register maintained by the Regional Court in Brno, section C, insert 88984 (hereinafter referred to as the „Company“)

and

Client:
person or entity visiting and using the website: jcn.xxx (hereinafter referred to as the „website“). By accessing the website or any other use of the website, a person or an entity becomes a Client.

(hereinafter referred to as the "Client")

(hereinafter together also as the „parties“)

These terms and conditions (hereinafter referred to as the "Terms") are governed in particular by Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the „CC“).

1. PREAMBLE

1.1. These Terms concern the Company's project of ICO (Initial Coin Offering) the essence of which is the pre-sale of tokens of the JCN tokens launched on January 10, 2018 with the purpose of financing and developing the Company's activities. By purchasing the JCN tokens the Client gains a non-exclusive license and membership on the JCN platform.


1.2. By purchasing or receiving the JCN tokens the Client acquires no claims with respect to the Company or its assets other than the ones mentioned in these Terms; the Client does not provide the Company with a loan; the Client does not acquire any ownership, proprietary, shares or investor interest in the Company or JCNs platform.


1.3. No provision of these Terms constitutes or may be deemed to constitute a partnership, association, joint venture or other cooperative entity or endeavor between the Client and the Company. Nothing in these Terms constitutes or may be deemed to constitute a designation of either the Client or the Company or the JCN platform as an agent of the other for any purpose.


1.4. The Client confirms that he or she has conducted adequate research and possesses sufficient knowledge and experience in blockchain technology, virtual currency and cryptographic tokens to evaluate the risks and merits and that he or she is able to bear the risks thereof. The Client further affirms his/her understanding that the JCN tokens are intended for utility purposes in powering the JCN platform and facilitating network functions thereof as well as the Company’s network and community growth, governance and development, and that Client’s primary reason for this purchase is an intention to join the Company’s network and participate as a JCN member.


1.5. The Client agrees to hold, use or transfer JCN tokens lawfully and to forfeit his/her license to participate in the Company’s network as a JCN member if (in the Company’s sole discretion) the Client violates any of these Terms or any fair and reasonable community guideline(s) duly adopted for implementation. The Client acknowledges that his/her use license shall expire upon the sale, transfer or loss of the JCN tokens and that safe and secure storage of private cryptographic keys required for access to any purchased JCN tokens is the Client’s sole responsibility. Additionally the Client affirms his/her understanding that to the extent that the JCN tokens may assume monetary exchange value at any point such value may experience volatility or increase or decrease over time. No guarantee is provided concerning the value of any of the JCN Tokens or any market platform for their resale or transfer outside the Company’s network.


2. GENERAL TERMS OF USE

2.1. The Company operates the website through which the Client is enabled to buy the JCN tokens with virtual currencies (Ethereum, Bitcoin, Bitcoin Cash or Litecoin) or fiat currency (EURO or USD Dollar) for the price published on the website by the Company and under the terms and conditions set forth in these Terms.


2.2. These Terms determine the rights and obligations of the Company and the Client.


2.3. The services provided by the Company under these Terms can be used by both consumers and entrepreneurs/businesses.


2.4. The Client is required to become acquainted with these Terms together with the White Paper published on the Company's website.


2.5. The contract between the Company and the Client is concluded in English.


2.6. The Client is obliged to provide complete, up-to-date and true data when required by the Company in the course of provision of services under these Terms.


2.7. By accessing the website and any use thereof, the Client agrees to these Terms and agrees to abide by the rules contained therein, including all rules and other conditions to which these Terms refer. If the Client does not agree with these Terms he or she is not entitled to continue to use the website or the Company's services.


3. DEFINITIONS OF TERMS AND NOTICES

3.1. JCN tokens are cryptographic tokens which are software digital products, created by the Company as proof of a limited right to use the JCN Platform if it is successfully produced and launched in accordance with the Terms set out herein. The JCN tokens are not securities, are not registered with any government entity as a security, and shall not in any case be considered as such. The JCN tokens except for use within the JCN platform are not intended to be a commodity or any other kind of financial instrument, do not represent any share, stake, or security or equivalent rights, including, but not limited to, any right to receive future revenue shares and ntellectual property rights, and do not represent any ownership right. The Client should not participate in the JCN token sale with an expectation of profit on the basis of investment or speculation.


3.2. The Client declares that he or she is aware of the nature of the JCN tokens as stated above and that he or she has fully considered his or her financial and other abilities to use the Company's services.


3.3. The Client has to reach the age of 18 to be able to purchase the JCN tokens through the website.


3.4. The Company allows (in accordance with valid Czech legislation) the execution of a business transaction without the necessity of personal identification with a value of maximum EUR 10,000.


3.5. The costs of using the communication services on the part of the Company do not increase the costs of the Client. The costs of remote communication means used by the Client are his sole responsibility and go to his burden.


4. BINDING STATEMENT OF THE CLIENT

4.1. The Client hereby declares and warrants to the Company that::


- all data provided by the Client to the Company are complete, accurate, true and up-to- date;

- he or she was made fully aware of these Terms prior to the beginning of the use of the website in terms of execution of any transaction and he or she fully understands and agrees with these Terms. At the same time, the client is provided with a contract;

- when performing any transaction on the website the Client who is a legal entity is represented by a person authorized to act on behalf of the Client and the Client who is a natural person has reached the age of 18 and has full legal capacity,

- the purchase of JCN tokens, or any other matter pertaining to the Company or its activities does not violate any law of the country and the legal jurisdiction in which the Client has a permanent residence or a registered office.


4.2. The Company hereby informs the Client that under the provisions of Act No. 253/2008 Coll., on certain ceasures against the aegalization of proceeds from crime and financing of terrorism, as amended (hereinafter referred to as „AML“) that in some cases stated by the AML the Company is obliged to review sources of funds or other property of the Clients used or relating to transactions made on the website. The client explicitly agrees to comply with these conditions and regulations.


4.3. The Company hereby informs the Client that under the provisions of Act No. 253/2008 Coll., on certain ceasures against the aegalization of proceeds from crime and financing of terrorism, as amended (hereinafter referred to as „AML“) in some cases the Company is obliged to review sources of funds or other property of the Clients used or relating to transactions made on the website. The client explicitly agrees to comply with these conditions and regulations.


4.4. The Client declares that the source of the property used for any transaction he or she makes on the website is from one or more of the following sources - loan, gift, win, inheritance, income from a sale of other property - or other legal gainful activity.


5. SERVICE RESTRICTIONS

5.1. The Client is obliged to provide his or her personal identification at the Company's request and in compliance with the section 7 of the AML. In particular in the case of a transaction with a value of more than EUR 10,000 (even in several transaction made by the Client) or where the circumstances of the transaction are suspicious. Details are provided by the AML.


5.2. The Client undertakes not to use the Company's services to purchase a virtual currency if these purchases were split into two or more of any related transactions that would exceed the value of EUR 10,000 (for the purposes of applying the prohibition to trade under section 15, paragraph 1 (b) in conjunction with Paragraph 54 (4) of the AML). The determining factor for the upper-stated volume constraint shall always be the value of the assets the Client uses for such transactions.


5.3. The Client acknowledges that the Company is entitled to introduce volume restrictions (per trade or sum of trades) or a limitation of the number of transactions executed per Client, one device which the Client uses to make such transaction, a group of clients or a specific e-wallet with tokens without any prior notice. The Client shall learn of applying such restriction by the transaction in question not being executed.


5.4. For any transaction the Client is obliged to use solely his or her own assets (virtual currency or tokens belonging only to him or her, not to another person or entity (natural or legal).


5.5. Furthermore the Client undertakes not to use the Company's services:


- to transfer property values from or to countries considered to be at risk or high risk in a regard of prevention of legalization of proceeds from crime or terrorist financing; the list of these countries is published and updated by FATF-GAFI via their website,

and further to transfer assets (even only partially) to a person or from a person originating in the above-mentioned risk or high-risk country; by an origin it is understood: in the case of a natural person, each state of which that person is a national and at the same time all other states in which he or she has a permanent or other residence, in the case of a legal entity the state in which it has its registered office and at the same time all states in which it has a branch, an organizational unit or an establishment.


5.6. The Client undertakes to pay any damages or costs incurred by the Company or fines imposed in administrative proceedings conducted by the supervisory authorities if the damages, costs or penalties are incurred as a result of any violation of any of the provisions of these Terms by the Client, by circumventing them.


5. SERVICE RESTRICTIONS

5.1. The Client is obliged to provide his or her personal identification at the Company's request and in compliance with the section 7 of the AML. In particular in the case of a transaction with a value of more than EUR 10,000 (even in several transaction made by the Client) or where the circumstances of the transaction are suspicious. Details are provided by the AML.


5.2. The Client undertakes not to use the Company's services to purchase a virtual currency if these purchases were split into two or more of any related transactions that would exceed the value of EUR 1,000 (for the purposes of applying the prohibition to trade under section 15, paragraph 1 (b) in conjunction with Paragraph 54 (4) of the AML). The determining factor for the upper-stated volume constraint shall always be the value of the assets the Client uses for such transactions.


5.3. The Client acknowledges that the Company is entitled to introduce volume restrictions (per trade or sum of trades) or a limitation of the number of transactions executed per Client, one device which the Client uses to make such transaction, a group of clients or a specific e-wallet with a virtual currency without any prior notice. The Client shall learn of applying such restriction by the transaction in question not being executed. This procedure is enforced by the Company in accordance with the provisions on the prohibition to trade under section 15 of the AML.


5.4. For any transaction the Client is obliged to use solely his or her own assets (virtual currency or tokens belonging only to him or her, not to another person or entity (natural or legal).


5.5. Furthermore the Client undertakes not to use the Company's services:


- to transfer property values from or to countries considered to be at risk or high risk in a regard of prevention of legalization of proceeds from crime or terrorist financing; the list of these countries is published and updated by FATF-GAFI via their website,

- and further to transfer assets (even only partially) to a person or from a person originating in the above-mentioned risk or high-risk country; by an origin it is understood: in the case of a natural person, each state of which that person is a national and at the same time all other states in which he or she has a permanent or other residence, in the case of a legal entity the state in which it has its registered office and at the same time all states in which it has a branch, an organizational unit or an establishment.


5.6. The Client undertakes to pay any damages or costs incurred by the Company or fines imposed in administrative proceedings conducted by the supervisory authorities if the damages, costs or penalties are incurred as a result of any violation of any of the provisions of these Terms by the Client, by circumventing them, in particular splitting multiple transactions or using multiple virtual currency wallets.


6. THE JCN TOKENS PURCHASE PROCESS

6.1. Commencing a transaction

To commence a transaction the Client visits the website: jcn.xxx and selects the option "Buy". Via a form presented there the Client declares that he or she has read these Terms and agrees with their wording. Furthermore the Client declares that he or she is not a citizen of the United States of America or the People's Republic of China.


6.2. Process of a transaction

In the next step the Client copies the Ethernet address of the Company from the smart contract into his Ethereum wallet and enters the amount of the virtual currency Ethereum that he wishes to use for the purchase of the JCN tokens. The required amount of JCN tokens will then be automatically transferred to the relevant smart address of the Client by the Company. The actual amount of JCN-JCNs tokens purchased will be calculated based on their current purchase price at the time of the transaction.


6.3. Conclusion of a contract between the Company and the Client

A contract between the Client and the Company is concluded upon the moment of execution of a transaction by the Client. Transaction means sending the relevant amount of the virtual currency Ethereum to the above mentioned smart address of the Company, for which the JCN tokens are provided to the Client's electronic address.


6.4. Completing the transaction

Once the transaction is complete, it can be reviewed at: https://etherscan.io/address/xxxxxx


6.5. Execution of a contract

The Contract concluded in accordance with these Terms is fulfilled by the Company by sending the JCN tokens to the electronic address from which the Client has executed the transaction.


7. WITHDRAWAL

7.1. The Company reminds the Client that after the transaction has transpired it is not possible to withdraw from the concluded contract as the purchase of the virtual token JCN (tokens) meets the requirements of section 1837 CC in particular point. (b) and (l), see the following wording:


A consumer may not withdraw from a contract:

a) for the provision of services if they were performed with his prior express consent before the end of the time limit for withdrawal and the entrepreneur informed the consumer before concluding the contract that he shall thereby lose the right of withdrawal,

b) for the supply of goods or a service a price of which depends on fluctuations of the financial market beyond the control of the entrepreneur and which may occur during the time limit for withdrawal,

c) for the supply of alcoholic beverages which can only be supplied after thirty days and whose price depends on fluctuations of the financial market which are beyond the control of the entrepreneur,

d) for the supply of goods which were customised or personalised,

e) for the supply of goods subject to rapid decay, as well as goods which were irreversibly mixed with other goods after supply,

f) for repair or maintenance work carried out at the place designated by the consumer at his request; however, this does not apply in the case of subsequent unsolicited repairs or supply of unsolicited spare parts,

g) for the supply of sealed goods which were unsealed after supply by the consumer and which are not suitable for return due to hygiene reasons,

h) for the supply of audio or video recordings or computer software whose original seal was unsealed after supply,

i) for the supply of newspapers, periodicals or magazines,

j) for accommodation, transport, catering or leisure activities where the entrepreneur provides the performances at a specific date,

k) concluded at a public auction in accordance with the statute governing public auctions,


or


l) for the supply of digital content which is not supplied on a tangible medium if it was supplied with the prior express consent of the consumer before the time limit for withdrawal and the entrepreneur informed the consumer before concluding the contract that he shall thereby lose his right of withdrawal.


8. RESERVATIONS AND DISCLAIMERS

8.1. The Company informs the Client that in the event of insufficient amount of required virtual currency, interruption of the supply of electricity or Internet connection or in case of force majeure events it is unlikely to be able to fulfill its obligation to the Client. In such cases the Client shall make a claim as described below.


8.2. The Company reserves the right to limit or terminate the Client's access to the website at any time.


8.3. The Company reserves the right at any time and in any way to modify the website, the services provided, their scope and conditions, without any prior notice to the Client. The Client acknowledges and agrees that these modifications may affect the functionality of the individual services or may exclude such functionality altogether. The Client is not entitled to compensation for any direct or indirect harm or damage resulting from this limitation or suspension of the functionality of the services provided due to such modifications of the website or services.


8.4. The Company reserves the right to terminate at any time and without compensation the operation of the website and / or the provision of services. The already paid services will be compensated via returning the provided consideration to the Client.


8.5. The services of the Company are provided "as they are" and the Compnay does not provide the Client with any warranties regarding the services or the website. In particular, the Provider does not warrant to the Client that the website and the services:


- will be available continuously twenty-four hours a day, seven days a week;

- will be fully operational throughout the availability period;

- will be provided without any errors.


8.6. The Company shall not be liable to the Client for any direct or indirect damage or damage incurred by the Client in connection with the use of the website and/or the services. In particular, the Company shall not be liable to the Client for any direct or indirect damage or damage caused by:


- malfunctions, unavailability or poor accessibility, functionality or speed of the website and / or services,

- interruption of operation and / or malfunction of the website and / or service;

- computer viruses;

- misuse of the website and / or services by the Client and / or third parties;

- ending the operation of the website and / or services.


8.9. By clicking on the links on the website, you may leave the website and be redirected to third-party websites. In relation to third party websites under the preceding sentence, the Company shall not be liable to the Client for any direct or indirect damage or damage arising therefrom. The Company recommends the Client to become familiar with the terms of use, business or other conditions of such third party websites.


9. COPYRIGHT

9.1. The Company is the owner of the website.


9.2. The website is a subject of copyright protection under the Act. No. 121/2000 Coll., Copyright Act, as amended. The Company carries out all property rights pertaining to the website.


9.3. The content of the website can not be retained, modified, copied, disseminated or used unless given a written consent in advance by the Company.


10. COMPLAINTS

10.1. The Client does not enter any of his or her identification or contact details when executing a purchase of the JCN tokens (unless his or her identification is required as stated above) and the Company therefore does not have the option of contacting the Client in the event of failure to execute the requested transaction.


10.2. The Client is entitled to claim the non-execution of the required transaction within 15 working days following the day on which he or she provided a consideration in order to obtain JCN tokens and such consideration was received by the Company. The Client shall make such claim by e-mail sent to the email address: ico@JCNs.com or by a registered letter in writing sent to the Company's registered office above.


10.3. Both the Company and the Client undertake to settle the mutual obligations arising from a concluded contract in good faith without undue delay. In the event of a JCN tokens purchase claim the Client is aware that without proper proof of provided consideration by the Client the claim will not be accepted.


11. FINAL PROVISIONS

11.1 The provisions of the Terms are an integral part of the contract concluded between the Company and the Client.


11.2. The Company may amend or supplement the wording of the Terms. This provision is without prejudice to the rights and obligations arising during the validity of the previous version of the Terms. The Company informs the Client about the change of the Terms on the website or other appropriate way so that the Client can become acquainted with the current wording of the Terms without undue difficulty. The terms come into effect as soon as they are published on the website, with the effect that the changes will only become effective for each individual Client if the Client agrees to change the Terms. Client's consent is deemed to be given if the Client continues to use the website and services provided by the Company beyond the date specified by the Company as the effective date of the changes to the Terms. If the Client does not agree to modify the Terms he or she is obliged to refrain from using the website and services provided by the Company after the date specified by the Company as the effective date of the changes to the Terms.


11.3. The Client acknowledges and agrees that the rights and obligations associated with the website and / or services provided by the Company under these Terms may be transferred to third parties in accordance with generally binding legal regulations. The transfer of rights and obligations of the Company shall not affect the validity and effectiveness of these Terms.


11.4. If the contractual relationship based on a contract concluded between the Company and the Client contains an international (foreign) element the parties agree that the contract is governed by Czech law, regardless of where the access and use of the website was made by the Client. This does not affect the consumer's rights under generally binding legal regulations.


11.5. In the event that any provision of these Terms is or becomes or shall become invalid, ineffective or unenforceable, the invalidity, ineffectiveness or non-enforceability of such provision shall not and will not affect the validity, effectiveness and enforceability of other provisions of these Terms, unless the law states otherwise.


11.6. If any provision of these Terms is invalid or ineffective or becomes invalid a provision of closest possible approximation of the invalid clause will be enforced instead.


11.7. Any disputes that arise between the Company and the Client from a contract concluded under these Terms will be settled exclusively under the law of the Czech Republic and by the relevant courts of the Czech Republic. The Company reminds the Client that the authority responsible for overseeing compliance with consumer protection obligations is the Czech Trade Inspectorate, the Central Inspectorate - ADR, Prague 2, Štěpánská 15, P.C. 120 00, email: adr@coi.cz, : adr.coi.cz, to jurisdiction of which the out-of-court settlement of disputes falls as well. The Client can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/


These Terms are valid and effective from January 10, 2018.