General Terms and Conditions of Participation and Use for the Morfin STO Pre-Whitelisting Process
1. Applicability
The following terms and conditions apply to your participation and use of the STO Pre-Whitelisting Process of Morfin SARL based in Luxembourg, Mamer L8217, registered with the commercial register of Luxembourg under B228318 (hereinafter referred to as “Morfin“, “us“ or “we“).
The Pre-Whitelisting Process is offered and carried out exclusively on our Website https://morfin.io (hereinafter referred to as „Website“).
With your participation in the Pre-Whitelisting Process, you agree to the following general terms and conditions of participation and use.
2. Object of Use, Requirements and Advantages of the Pre-Whitelisting Process
By participating in the Pre-Whitelisting Process, you get the opportunity to reserve yourself a spot in our future planned Security Token Offering (hereinafter referred to as “Morfin STO”) and to reserve a number of tokens in advance without subscription obligation. We will inform participants of the Pre-Whitelisting about the start of our Morfin STO by e-mail and invite them to register for participating in the Security Token Offering. Your pre-whitelisting and Token reservation does neither constitute a binding offer by you nor by us to enter into a token purchase agreement. It is for the purpose of evaluating the potential demand for tokens from our STO.
To participate in the Pre-Whitelisting Process, enter your first name, last name, e-mail address and nationality using the form on the Website. In order to click the “Subscribe Now” button to send your pre-whitelisting request, you must first confirm that you have read and accepted these Terms & Conditions of the Pre-Whitelisting Process by ticking the box provided. After you have clicked the “Subscribe Now!” button, we will send you an automatically generated e-mail with a verification link to the e-mail address you have provided. Click on the verification link to complete the pre-whitelisting.
Participation in the Pre-Whitelisting Process is voluntary and free of charge and does not depend on the purchase of goods or the use of a service.
If you have registered for the Pre-Whitelisting Process but do not wish to participate anymore, you can unsubscribe from the Pre-Whitelisting Process at any time by clicking on the “Unsubscribe link”, which we will send to you in the STO notification e-mail.
3. Exclusion from Participation / Prohibited Activities
3.1. Excluded from participating in the Pre-Whitelisting Process are US citizens, US Green Card holders, other persons or companies subject to US taxation as well as other investors from countries in which the offer of tokens is not permitted or that are filed on the current country list of high-risk and other monitored jurisdictions of the Financial Action Task Force (FATF).
3.2. Any activities that violate applicable law, violate the rights of third parties or violate the principles of the protection of minors are prohibited.
3.3. It is also prohibited to take any action that is likely to interfere with the smooth operation of the Website, in particular to excessively overburden Morfin’s systems.
3.4. Should you as a user become aware of any illegal, abusive, non-contractual or any other unauthorised use of the Website, please notify us accordingly. We will then check the instance and, if necessary, take appropriate steps.
3.5. In the event that there is a suspicion of an unlawful or punishable action, Morfin is entitled to, and eventually under the duty to:
Examine the user’s activities,
Exclude the user from the Pre-Whitelisting Process,
Eventually take legal actions against the user. This may also include the referral of a case to the public prosecutor’s office.
4. Right of Use concerning the Content of the Website
4.1. As far as these terms and conditions do not explicitly allow differently or if the Website offers it due to corresponding functions:
The user may only access the available content on the Website for personal purposes only. This right of use is limited to the duration of use of the Website.
The user must refrain from editing, altering, translating, displaying or presenting, publishing, exhibiting, reproducing or distributing all or parts of the content available on the Website. It is also prohibited to remove or modify copyright notices, logos and other marks or protective marks.
5. Data Protection
5.1. The data resulting from the registration via the Website and from the use of our Website will therefore only be collected, stored and processed by us to the extent necessary for the contractual provision of services and permitted by statutory provisions or ordered by law. Morfin will treat your personal data with confidentiality and in accordance with the provisions of the applicable data protection laws.
5.2. In addition, we only use your personal data as far as you have expressly consented to the use. Your consent can be revoked by you at any time.
5.3. In addition, the Privacy Policy of Morfin is applicable, available at https://morfin.io/index.php/privacy-policy/
6. Liability
6.1. Morfin shall only be liable for intent and gross negligence for such damages incurred by the user through the use of the Website. Furthermore, Morfin shall be liable for the negligent breach of obligations which are essential for the proper execution of the contract, of which an infringement jeopardizes the achievement of the purpose of the contract and on which the the participant may rely on to be met. In the latter case, however, Morfin is only liable for the predictable, contract-typical damages. Morfin is not liable for the slightly negligent violation of obligations and damages other than those specified in the preceding sentences.
The above exclusions of liability do not apply in case of injury to life, body and health.
6.2. Data communication via the internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. Morfin is not liable for the constant and uninterrupted availability of the website.
7. Applicable Law
The law of the Grand Dutchy of Luxembourg shall apply excluding the UN Convention on Contracts for the International Sale of Goods, if you have your habitual residence in Luxembourg or your habitual residence is in a state, which is not a member state of the European Union.
In the event that you have your habitual residence in a member state of the European Union, Luxembourg law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.