Token sale

Wind Energy Mining (WEM) Token Sale Agreement

1. Wind Energy Mining project and the features of the WEM token

ETB Ltd., a company existing under the laws of Latvian Republic, with the registration number LV40003215866 (hereinafter the “Seller”) welcomes You (hereinafter the “Buyer”) to conclude the Wind Energy Mining project Token Sale Agreement (hereinafter “Project”) in accordance with the following.

The Buyer purchases and the Seller will provide created according to the ERC20 specifications of the Ethereum platform Wind Energy Mining tokens (“WEM”) in the WEM token sale (the “Token Sale”), to be used for the Wind Energy Mining project implementation.

The WEM digital token constitutes a cryptographically secured type of a debt and shall be regarded as a short-term loan aimed to fund raising and further repayment of the borrowings at a fixed price.

The Buyer acknowledges, understands and agrees that ownership of the WEM does not grant the Buyer the voting rights in the company, shares of the company, participation in the activities of the company, rights to receive dividends, possession of tangible assets or other such rights.

The Buyer is aware of the merits, risks and any restrictions associated with digital tokens, cryptocurrencies and Blockchain-technologies, including but not limited to: (i) Risk of Losing Access to Tokens Due to Loss of Private Key(s), (ii) Risks Associated with the Ethereum Platform Protocol, (iii) Risk of Hacking and Security Weaknesses, (iv) Risk of Uninsured Losses, (v) Risks Associated with Uncertain Regulations and Enforcement Actions.

The Buyer may purchase the WEM digital token through the Initial Coin offering (hereinafter ‘ICO’) during the period of the ICO from March 20 to May 20, 2018 (hereinafter ‘ICO Period’) in accordance with this Token Sale Agreement.

By purchasing the WEM digital tokens the Buyer expressly acknowledges and assumes these risks. If you have any questions regarding this information or regarding this Token Sale Agreement, please contact us at wem@etb.lv

2. Wind Energy Mining Offer

This Wind Energy Mining Token Sale Agreement (hereinafter “Agreement”) constitutes an offer for purchase of the WEM digital tokens under the conditions stated below (“the Wind Energy Mining Offer for purchase of the WEM digital tokens”) and can be accepted by any persons of the age of majority and possessing legal capacity (with the exception of the Buyer specified in Article 6 of the Agreement) not otherwise than by adherence to the entire this Agreement, including the conditions of its applications, which are deemed to be its integral part.

This Agreement includes and hereby incorporates by reference the following applications: The Wind Energy Mining Whitepaper located at www.etb.lv, involving “Disclaimer”, collectively, with this Agreement, “the Wind Energy Mining Token Sale Agreement”.

The Seller may, in its sole discretion, amend the Agreement at any time by posting a revised version on the site at www.etb.lv.

Any revisions to the Agreement will take effect on the noted effective date or when posted if there is no noted effective date. If the revisions include changes of prices, such change would take effect after five (5) days after it was posted.

3. Buyer’s Acceptance

To become a party of the Agreement, which means the acceptance of the WIND Energy Mining Offer for purchase of the WEM digital token under the conditions stated below, the Buyer shall purchase any amount of the WEM digital tokens in accordance with the technical recommendations of the Seller, which shall be published at www.etb.lv no later than twelve (12) hours before the ICO Period.

By purchasing the WEM digital tokens in accordance with the stated technical recommendations, the Buyer acknowledges and agrees that fully and unconditionally accepts the Wind Energy Mining Offer for purchase of the WEM digital tokens under the conditions stated in this Agreement, without any reservation or exception.

The moment when this Agreement is concluded, shall be the moment of the first purchase of the WEM digital token by the Buyer.

If you do not agree to all of the terms of this Agreement, You may not purchase any amount of the WEM digital tokens.

4. Token sale and allocation

The Seller sells and allocates the WEM digital tokens in accordance with the time frames, allocation conditions, prices and information on the number of the WEM tokens set forth in the Whitepaper and this Agreement. During the ICO period, the Seller provides special procedures regulating the process of the WEM token acquiring. By purchasing the WEM tokens, the Buyer fully acknowledges and understands these procedures and their specifics.

5. The WEM Token buyback

The Seller intends to buy back the WEM tokens at the price specified in the Whitepaper within 2 years from the start of the buyback. The Seller intends to begin the buyback in 9 months after the fund raising.

6. Representations and Warranties

By purchasing the WEM digital tokens, the Buyer represents and warrants that:
(i) the Buyer have read and understood the Agreement in full;
(ii) the Buyer have read and understand the Whitepaper in full;
(iii) the Buyer fully understands, realizes and agrees with the information about the functionality, usage, storage, transmission mechanisms and other material characteristics of the WEM digital tokens, blockchain technology, blockchain-based software systems and their risks, and appreciates the risks and implications of purchasing the WEM digital tokens;
(iv) the Buyer fully understands, realizes and agrees that the WEM digital tokens are created on a blockchain and are designed for fund raising and further buyback, and they do not grant to the Buyer any voting rights, rights to receive dividends, possession of tangible assets, participation in the activities of the company, or other such rights;
(v) the Buyer will not forge, or otherwise manipulate any personal or non-personal data that might be requested by the Seller in the process of WEM token purchase (will not use the VPN or other means of distorting the data), or after its completion, will provide all necessary personal or non-personal data in the form and format requested by the Seller in the event when such necessity arises in connection within the requirements of anti-money laundering and "Know Your Customer" (KYC) frameworks of the Wind Energy Mining Project or in accordance with the applicable law.
(vi) the Buyer’s purchase of the WEM digital tokens complies with applicable laws and regulations in the Buyer’s jurisdiction;
(vii) the Buyer is not a citizen or resident of a geographic area in which access to or use of the cryptocurrency or digital tokens is prohibited by applicable law, decree, regulation, treaty, or administrative act; the Buyer is not a citizen or resident of, or located in the United States, and do not have a primary residence or domicile in the United States;
(viii) the Buyer does not intend to hinder, delay or defraud the Seller or any other buyers or engage in any illegal conduct and or unlawful activity in relation to money laundering, receiving the proceeds of drug trafficking or terrorist activities; receiving the proceeds of criminal activities, terrorist activities or trading with such countries as might from time to time be subject to any embargo imposed by the Security Council of the United Nations, the European Union, or Singapore or in any place of the world.

7. Purchasing of the WEM digital tokens

The Buyer may purchase the WEM digital token for Ethereum (ETH).

In order to purchase the WEM digital tokens, the Buyer must comply with the requirements of Article 6 of the Agreement.

The Seller shall reserve the right to refuse selling the WEM digital token to anyone who does not meet criteria necessary for their buying, as set out hereunder or by the applicable law.

The WEM digital tokens shall be issued in a limited number. All the WEM digital tokens shall be of equal functionality.

The Buyer may purchase the WEM digital tokens during the ICO Period by exchanging Ethers (ETH) for the WEM digital tokens at the exchange rate 0.001 ETH per 1 WEM digital token, and other bonuses may be applied in accordance with the rules of the Wind Energy Mining Whitepaper.

8. Taxes

The Buyer shall pay any applicable taxes, including sales, use, personal property, value-added, excise, customs fees, import duties or stamp duties or other taxes and duties imposed by governmental agencies of whatever kind and imposed with respect to the transactions under the Agreement.

9. Rights to the Name

The Buyer acknowledges and agrees that all rights to the Wind Energy Mining Project and the digital token name are owned solely by the Seller.

10. Proprietary rights
The Seller reserves all rights, which are not expressly granted in this Agreement.

The Buyer acknowledges and agrees that the Seller retains exclusive right of its possible intellectual property in relation to the project, including inventions, ideas, processes, methods, information and data, and any other intellectual property.

13. Liability

The WEM digital tokens are provided «as is».
The Buyer acknowledges and agrees that the WEM digital tokens may contain bugs or minor mistakes, which the Seller promises to correct if possible.

The Parties shall be responsible for compliance with the terms of the Agreement, for fulfillment of the Buyer’s commitments and guarantees, in particular:

(i) The Buyer acknowledges and agrees that accusations, claims or lawsuits to the Seller related to non-compliance by the Buyer of the Agreement and/or engagements entered by the Buyer during the participation of the ICO, the Buyer agrees to settle such claims or actions on his own and at his own expense, as well as fully compensate the Seller documented proven losses, court fees, legal costs, incurred in connection with the refusal of the Buyer or untimely fulfillment of his obligations by the Buyer.

(ii) In case of filing accusations, claims or lawsuits against the Seller, related to non-compliance by the Buyer with exclusive rights or other rights of third parties, the Buyer agrees to settle such claims or actions on his own and at his own expense, as well as fully compensate the Seller documented proven losses, court fees, legal costs, incurred in connection with the refusal of the Buyer or untimely fulfillment of his obligations by the Buyer.

(iii) In case false information on nationality or residency is provided, or IP address is changed, or any other action that might cast doubts on the nationality or residency of the Buyer, and directly or indirectly point to the citizenship or nationality of the countries referred to in article 6, the Seller invalidates your token and returns your money at a nominal price of the token. In case the WEM tokens are purchased by the citizens of these countries, the purchase of the WEM tokens and entering this Agreement by these persons shall be deemed to have been committed on an unlawful, unauthorized or fraudulent basis, and the Agreement shall be considered invalid. The Buyer bears full legal and financial responsibility for any consequences, and the Seller reserves the right to recover any losses by way of recourse. In case of fraudulent and unauthorized purchase of the WEM tokens, the Buyer shall take appropriate action to protect respective past, present and future employees, directors, contractors, consultants, equity holders, suppliers, service providers, subsidiaries, affiliates, agents, representatives, predecessors, successors of the Seller.

(iiii) In case of the Buyer’ violation his obligations under Article 6 of the Agreement, the Seller reserves the right to (i) demand full compensation from the Buyer for losses caused by every violation; (iii) bring a case before a court if the compensation doesn't cover the Seller’s loss; (iv) release the information relating to the Buyer’s identity and location to any authorized officer in accordance with the applicable law.

14. The Agreement term & termination

The WEM Token Sale Agreement between the Seller and the Buyer shall commence upon acceptance by the Buyer of all the terms of the Agreement by clicking the purchase button or by purchasing any amount of the WEM digital tokens and shall continue until complete performance of obligations by the Parties.

The Seller shall have the right at its sole discretion and without any prior written notice terminate the Agreement if:

(a) the Buyer provided invalid data;
(b) the Buyer failed to comply with the requirements of Article 6 of the Agreement;
(c) the Buyer failed to comply with the other terms and conditions of the Agreement.
Upon termination of the Agreement, for whatever reason, all Buyer’s WEM digital tokens shall be immediately terminated without any data restoration.

Upon termination of the Agreement, each party will remain liable to the other for any amounts due and owing to the other party as of the date of termination, and such obligation to pay shall survive any termination of the Agreement.

15. Miscellaneous

Notices: Any notice or other communication under the Agreement shall be in writing and shall be considered given and received when sent by email.

Any disputes and disagreements arising from the Agreement will be settled by negotiations between the Parties. If the Parties fail to reach an agreement, the disputes shall be settled in accordance with the legislation of the defendant’s principal place of business and location.

Severability: If any provision of the Agreement is held by any court of competent jurisdiction to be illegal, null or void, all the remaining provisions of the Agreement shall remain in full force and effect.

By clicking "I agree" you are indicating that you have read and agree to the above Wind Energy Mining (WEM) Token Sale Agreement.