The Terms and Conditions (the "T&C") apply to the buyer of the Kakushin token ("KKN") and future
user of the Kakushin platform. You should carefully read the T&C, as well as the white paper
of the Kakushin project before participating to the crowdsale.
1. The following T&C constitute the agreement (the "Agreement") between Prius Labs Pty. Ltd. (hereinafter "Kakushin" or the "Company"), An Australian Company ACN 625 711 953 , and you (the "User") with respect to the use to the purchase of the KKN and the future services offered through the Kakushin platform. By using our services, you are agreeing to be bound by the T&C in its latest version. You are aware that Kakushin may change this T&C at any time. Your continued use of the Kakushin Platform means that you accept any new or modified terms.
1. Kakushin is a Decentralised Incubation Platform bridging the gap between seekers, researchers, innovators, developers, and inventors. Kakushin Ecosystem will prove to be the perfect environment to give birth, nurture, and flourish an idea/concept into a real and viable product, to be used by consumers.
2. Kakushin is an Ecosystem to promote and nurture innovation & creativity, Crypto-currency Trading Platform, Exchange, ICO consulting and the Marketplace to sell, lease, lean intellectual properties, patents, copyrights, trademarks and products and services directly to investors, manufacturers and/or end user/s.
THE KAKUSHIN TOKEN
3. KKN functions as means of payment on the Kakushin platform, which will allow future Users to make use of Kakushin platform services. Through the token sale, the future user acquires the future rights to use the Kakushin platform.
4. KKN does not have the legal qualification as a security, since it does not give any rights on dividends or interest. KKN is final and non-refundable. KKN is not a share and does not give any right to participate in the general meetings of Kakushin. KKN will not have a particular value outside the Kakushin platform. The purchase of KKN shall therefore not be done for speculative usage.
5. KKN can be purchased during the crowdsale directly from the Company or after the crowdsale at the Company or exchanger.
6. Any future User purchasing KKN expressly acknowledges and represents that she/he has carefully reviewed the T&C and fully understands the risks, costs and benefits associated with the Purchase of this token as indicated in the T&C.
7. A future User undertaking to purchase KKN in relation to the token sale should ensure that she/he understands and has significant experience of cryptocurrencies, blockchain systems and services, and that she/he fully understands the risks associated with the token sale as well as the mechanism related to the use of cryptocurrencies (incl. storage).
8. Kakushin shall not be responsible for any loss of KKN or situations making it impossible to access to KKN, which may result in any actions or omissions of the future User or any person undertaking to acquire KKN.
9. Acquiring KKN involves various risks, in particular that Kakushin may not be able to launch its operations and develop its platform. Therefore, and prior to acquiring KKN, any future user should carefully consider the risks, costs, and benefits of acquiring KKN within the crowdsale, and, if necessary, obtain independent advice in this regard. Any interested person who is not in the position to accept nor to understand the risks associated with the crowdsale (incl. the risks related to the non-development of Kakushin network and operations) or any other risks as indicated in the T&C, should not acquire KKN, at this stage or later.
10. You understand and acknowledge that Kakushin Token (KKN), Blockchain-based technologies, Ethereum, and other associated and related technologies are not exclusively controlled by the Company and adverse changes in market forces or the technology, broadly construed, may prevent or compromise the Company's performance under these Terms and/or the Accompanying Documents. As such, the purchase of Kakushin Token (KKN) carries with it a number of risks. Prior to purchasing Kakushin Token (KKN), you should carefully consider the risks listed herein. If any of the following risks are unacceptable to You, You should not purchase Kakushin Token (KKN). By purchasing Kakushin Token (KKN), and to the extent permitted by applicable law, You are agreeing not to hold the Company or any Affiliates liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected, to the sale of Kakushin Token (KKN), including losses associated with the risks set forth herein.
11. By using the Platform, the User represents/warrants and accepts that:
i. It is possible that due to a number of reasons outside of the Company's control, including but not limited to, changes in regulatory or intellectual property law, technological advancements, decreases in token or Cryptocurrency utility, social or economic reforms, the failure of commercial relationships, or the malfunction, breakdown or abandonment of the Ethereum Protocol, Kakushin Token(KKN), Blockchain-based technology, Bitcoin, Ethereum and other related technologies may dissolve, disappear, be abandoned or otherwise no longer operate, or operate with material impairments.
ii. The regulatory landscape with respect to Cryptocurrencies and cryptographic tokens is evolving. There may be uncertainty in the regulatory treatment of Kakushin Token (KKN) in jurisdictions where the Kakushin Pre-Sale and Token Sale is conducted. There may be restrictions on the sale and purchase of Cryptocurrencies in certain jurisdictions, including outright prohibition or a requirement that the sale or purchase must take place on a regulated exchange or trading venue. There is, therefore, a risk that purchasers of the Kakushin Token (KKN) cannot access a regulated exchange or trading venue in their jurisdiction, or any other jurisdiction, and may, therefore, find it difficult to sell the Kakushin Token (KKN).
iii. Any cryptocurrency that possess value in public markets, such as BTC or ETH, have demonstrated extreme fluctuations in price over short periods of time on a regular basis. A purchaser of Kakushin Token (KKN) should be prepared to expect similar fluctuations, both down and up, in the price of Kakushin Token (KKN) denominated in respective cryptocurrency (BTC or ETH). Such fluctuations are due to market forces and represent changes in the balance of supply and demand. The Company cannot and does not guarantee market liquidity for Kakushin Token (KKN). By purchasing Kakushin Token(KKN), You expressly acknowledge and represent that You fully understand that they may experience volatility in pricing and will not seek to hold the Company liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected to, the sale of Kakushin Token (KKN).
iv. Any and all purchases of Kakushin Token (KKN) are final and non-refundable. By purchasing the Kakushin Token (KKN), the User acknowledges that neither Company nor any other of its affiliates are required to provide a refund for any reason, and that the User will not receive money or other compensation for any Kakushin Token (KKN) that are not used or remains unused for any reason.
v. Should You proceed to purchase any Kakushin Token (KKN) and the product fails to be suitable for the special or particular purpose as intended by You, Company or its Affiliates will not be liable to You for such unsuitability (including but not limited to accepting the return of, or refunding to You the purchase price of the respective Kakushin Token (KKN)).
vi. It is possible that the Platform will not be used by a large number of individuals, and other entities and that there will be limited public interest in the mentioned project and dissemination of equity. Such a lack of interest could impact further development of the Platform and potential use of it. Therefore, the success of the mentioned project cannot be predicted.
vii. The User recognizes that the Platform is currently under development and may undergo particular changes in the future. The User acknowledges that any expectations regarding the form and functionality of the Platform held by the User may not be met upon release of the mentioned project, for any number of reasons including a change in the design and implementation plans and execution of the implementation of the Platform.
viii. It is possible that even if the Kakushin Pre-Sale and Token Sale threshold is met, the insufficient funds will not feasibly develop Platform, possibly causing the effect that the Users may not be able to participate in any intended or implied projects. By holding Kakushin Token (KKN), the User acknowledges that he (she) understands that while every effort will be made to develop and launch the Platform, it is possible that it will never be realized due to the aforementioned reasons.
ix. There may be additional risks that cannot be anticipated or foreseen due to the incipience of cryptographic token technology, Blockchain-based technology, Bitcoin, Ethereum and related technologies.
12. The Company and the respective Platform development team do not support any unfair or fraudulent practices and confirm their intention to further develop and elaborate the Company's project. However, there are some risks, associated with cryptocurrency and digital tokens market, the User understands and accepts that while the Platform development team will make reasonable efforts to maintain the mentioned project.
13. Company or its Affiliates make no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of any services, online cryptocurrency services, assets or platforms and/or the information, images or audio contained or related to the Website. You use all of the mentioned at your own risk.
14. We will take reasonable steps to exclude any viruses or defects from the Website, but cannot guarantee or warrant that any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties, defects will be corrected and accordingly no liability is accepted for defects and viruses. We are not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself, nor for any delay in its delivery or receipt. Security measures have been implemented to ensure the safety and integrity of any of the services related to the Kakushin Pre-Sale and Token Sale. However, despite this, information that is transmitted over the internet or Blockchain may be susceptible to unlawful access and monitoring.
15. The Company and/or Platform development team or any of its Affiliates is not a financial institution and is currently not under supervision of any financial supervisory authority. We do not provide any licensed financial services, such as investment services, fund management or investment advice. Kakushin Pre-Sale and Token Sale are not a public offering of equity or debt and consequently does not fall under the securities or any prospectus regulation. None of the information or analyses presented are intended to form the basis for any investment decision, and no specific recommendations are intended, and the Website is not, does not offer and shall not be construed as investment or financial product.
16. The marketing and sale of the Kakushin Token (KKN) is being made in the permitted jurisdictions on the basis that the Kakushin Token (KKN) do not constitute a security, financial instrument or otherwise regulated investment in those jurisdictions such that the prospectus or other disclosure requirements and other investor safeguards that would apply to a securities offering will not apply to the issuance and sale of the Kakushin Token (KKN) in the permitted jurisdictions. in addition, Kakushin Token (KKN) is not regulated in the permitted jurisdictions and is not required to be registered with, or licensed or authorized by, relevant authorities in the permitted jurisdictions.
17. The Company and/or Platform development team or any of its Affiliates is not a stock or any other investment instruments exchange. Kakushin Token (KKN) is not securities and shall not in any case be considered as such, and the offers of Kakushin Token (KKN) have not been registered with any government entity. Kakushin Token (KKN) do not represent any share, stake, debt or security or equivalent rights, including, but not limited to, any right to receive future revenue or profit shares or intellectual property rights of Company, or any voting or governance rights or any other right to influence the development or operation of Company, and do not represent any ownership right of Company.
LIMITATIONS OF LIABILITY
18. The Kakushin Token (KKN) is provided on an "as is" basis and without any warranties of any kind, either expressed or implied. You assume all responsibility and risk with respect to your use of the Website and buying of any amount of Kakushin Token (KKN) and their use.
19. The User hereby expressly understands and agrees that:
i. To the maximum extent permitted by the applicable Law, the Company or its Affiliates do not accept any liability for any damage or loss, including loss of business, revenue, or profits, or loss of or damage to data, equipment, or software (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise), resulting from any use of, or inability to use, this Website or the material, information, software, facilities, services or content on this website, from buying of the Kakushin Token (KKN) or their use by the User, regardless of the basis, upon which the liability is claimed;
ii. The Company and any of its Affiliates shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any change of the value of the Kakushin Token (KKN) or cryptocurrency;
iii. The Company shall not provide to the User any refund possibility (payout liquidity) for the purchased Kakushin Token (KKN);
iv. The Company shall not guaranty in any way that the Kakushin Token (KKN) might be sold or transferred during or after the Kakushin Pre-Sale and Token Sale;
v. It is User's obligation to ensure compliance with any legislation relevant to his/her country of residency concerning buying of the Kakushin Token (KKN);
vi. The Company should not accept any liability for any illegal or unauthorized use and buying of the Kakushin Token (KKN);
vii. The User is solely responsible for any applicable taxes imposed on tokens purchased hereunder;
viii. The Company does not warrant or represent that any information on the Website is accurate or reliable or that the Website will be free of errors or viruses, that defects will be corrected, or that the service or the server that makes it available is free of viruses or other harmful components;
ix. The Company shall not be liable for uninterrupted availability of the Website at all times, in all countries and/or all geographic locations, or at any given time.
20. Kakushin will do its best to launch its operations and develop the Kakushin platform. Any person undertaking to acquire KKN acknowledges and understands that Kakushin does not provide any guarantee that it will manage to establish an operative platform and therefore it cannot guarantee that the KKN can be used to purchase goods or services on the platform. They acknowledge and understand therefore that Kakushin (incl. its bodies and employees) assumes no liability or responsibility for any loss or damage that would result from or relate to the incapacity to use KKN, except in the case of intentional misconduct or gross negligence.
REPRESENTATION AND WARRANTIES
21. By participating in the crowdsale, the User agrees to the T&C and in particular, they represent and warrant that they:
i. Are authorized and have full power to purchase KKN according to the laws that apply in their jurisdiction of domicile;
ii. Live in a jurisdiction which allows Kakushin to sell the Kakushin tokens through a crowdsale without requiring any local authorisation;
iii. Are familiar with all related regulations in the specific jurisdiction in which they are based and that purchasing cryptographic tokens in that jurisdiction is not prohibited, restricted or subject to additional conditions of any kind;
iv. Are not a U.S. citizen, resident or entity (a "U.S. Person") nor are they purchasing Kakushin Tokens or signing on behalf of a U.S. Person.
v. Are not acting for the purpose of speculative investment;
vi. Will not use the Token Sale for any illegal activity, including but not limited to money laundering and the financing of terrorism;
vii. Are solely responsible for determining whether the acquisition of KKN is appropriate for them;
viii. Are acquiring KKN for future use of the Kakushin platform;
ix. Understand the risks associated with the crowdsale (incl. The risks related to the non- development of Kakushin network and operations); and
x. Understand the use of cryptocurrencies and the associated risks.
23. Entire Agreement . These Terms is intended to fully reflect the terms of the original agreement between the parties. No provision of these Terms shall be considered waived unless such waiver is in writing and signed by the party that benefits from the enforcement of such provision. No waiver of any provision in these Terms, however, will be deemed a waiver of a subsequent breach of such provision or a waiver of a similar provision. In addition, a waiver of any breach or a failure to enforce any term or condition of these Terms will not in any way affect, limit, or waive a Party's rights hereunder at any time to enforce strict compliance thereafter with every term and condition hereof. Delegate its duties under these Terms and all Accompanying Documents. You may not assign your rights or delegate your duties, and any assignment or delegation without the written consent of the Company, which the latter may withhold at its sole discretion, shall be void.
24. Severability . If any term, provision, covenant or restriction of these Terms and all Accompanying Documents is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
25. Electronic Notices .The User agrees and consents to receive electronically all communications, agreements, documents, receipts, notices and disclosures that the Company provides in connection with use of the Website. The User agrees that the Company may provide these communications by posting them via the Website, by emailing them to User at the email address User provides.
27. Headings . Headings of sections are for convenience only and shall not be used to limit or construe such sections. All the sections in the agreement shall survive any termination or expiration of these Terms.
28. If you have any questions regarding the use of the Website or regarding these Terms, you should send us an e-mail at support@Kakushin.tech
INTELLECTUAL PROPERTY RIGHTS
29. To the extent that copyright or other intellectual property rights exist in the Kakushin platform, such as software, know-how, analysis or programs, those copyrights and other intellectual and industrial rights belong to Kakushin.
Data collection on our website
Who is responsible for the data collection on this website?
The data processing on this website is carried out by the website operator. Its contact details can be found in the imprint of this website.
How do we collect your data?
Your data will be collected on the one hand, that you tell us. For example, this may be data that you enter in a contact form.
Other data is collected automatically when visiting the website through our IT systems. These are above all technical data (e.g. Internet browser, operating system or time of the page request). The collection of this data is automatic as soon as you enter our website.
What do we use your data for?
Part of the data is collected to ensure a flawless provision of the website. Other data can be used to analyze your user behavior.
What rights do you have regarding your data?
At any time you have the right to obtain free information about the origin, recipient and purpose of your stored personal data. You also have a right to request the correction, blocking or deletion of this data. For this purpose and for further questions about data protection, you can contact us at any time at the address given in the imprint. Furthermore, you have a right of appeal to the competent supervisory authority.
Analysis tools and third-party tools
2. General information and mandatory information
We point out that the data transmission in the Internet (e.g. in the communication by E-Mail) can exhibit security gaps. A complete protection of the data from access by third parties is not possible.
Note to the responsible body
The responsible data processing unit on this website is:
Prius Labs Pvt Ltd.
Responsible body is the natural or legal person who, alone or together with others, decides on the purposes and means of processing personal data (eg names, e-mail addresses, etc.).
Revocation of your consent to data processing
Many data processing operations are only possible with your express consent. You can revoke an existing consent at any time. An informal message by e-mail to us is sufficient. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
Right to data portability
You have the right to have data that we process on the basis of your consent or in fulfillment of a contract, in itself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another person in charge, this will only be done to the extent technically feasible.
SSL or TLS encryption
This site uses, for security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as a site operator, an SSL or. TLS encryption. You can recognize an encrypted connection by changing the address line of the browser from "http: //" to "https: //" and the lock symbol in your browser line.
If SSL or TLS encryption is enabled, the data you submit to us cannot be read by third parties.
Information, blocking, deletion
You have the right to free information on your stored personal data, their origin and recipient and the purpose of the data processing and, if necessary, a right to rectification, blocking or deletion of this data. For further information on personal data you can contact us at any time at the address given in the imprint.
Contradiction against advertising mails
The use of published in the context of the imprint obligation contact information for sending unsolicited advertising and information materials is hereby rejected. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, for example through spam e-mails.
3. Data collection on our website
Cookies The internet pages partly use so-called cookies. Cookies do not harm your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, effective and secure. Cookies are small text files that are stored on your computer and stored by your browser. Most of the cookies we use are so-called "session cookies". They are automatically deleted after your visit. Other cookies remain stored on your device until you delete them. These cookies allow us to recognize your browser the next time you visit.
You can set your browser so that you are informed about the setting of cookies and allow cookies only in individual cases, the acceptance of cookies for certain cases or generally exclude and activate the automatic deletion of cookies when closing the browser. Disabling cookies may limit the functionality of this website.
Server log files
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
Browser type and browser version
Used operating system
Host name of the accessing computer
Time of the server request
A merge of this data with other data sources will not be done.
If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provided there, will be stored in order to process the request and in case of follow-up questions. We will not share this information without your consent.
The processing of the data entered into the contact form is therefore exclusively based on your consent. You can revoke this consent at any time. An informal message by e-mail to us is sufficient. The legality of the data processing operations carried out until the revocation remains unaffected by the revocation.
The data entered by you in the contact form remain with us until you ask us for deletion, revoke your consent to the storage or the purpose for the data storage is omitted (eg after completion of your request). Mandatory statutory provisions - especially retention periods - remain unaffected.
4. Analysis tools and advertising
This website uses functions of the web analytics service Google Analytics. Provider is Google Inc.
Google Analytics uses so-called "cookies". These are text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.
The website operator has a legitimate interest in analyzing user behavior in order to optimize both its website and its advertising.
You can prevent the storage of cookies by a corresponding setting of your browser software; however, please note that if you do this, you may not be able to use all the features of this website to the fullest extent possible. In addition, you may prevent the collection by Google of the data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google by downloading the browser plug-in available under the following link and install: https://tools.google.com/dlpage/gaoptout?hl=en .
Opposition to data collection
You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set which prevents the collection of your data on future visits to this website: disable Google Analytics.
Google Analytics Remarketing
Our websites leverage the features of Google Analytics Remarketing with the cross-device capabilities of Google AdWords and DoubleClick. Provider is Google Inc.
This feature allows the Google Analytics remarketing ad groups to be linked to the cross-device features of Google AdWords and Google DoubleClick. In this way, interest-based, personalized advertising messages that were adapted to you depending on your previous usage and surfing behavior on one device (eg mobile phone) can also be displayed on another of your devices (eg tablet or PC).
Once you have given your consent, Google will associate your web and app browsing history with your Google Account for this purpose. That way, the same personalized advertising messages can appear on any device you sign in to with your Google Account.
To support this feature, Google Analytics collects Google-authenticated IDs of users who are temporarily linked to our Google Analytics data to define and create audiences for cross-device ad promotion.
You can permanently opt out of cross-device remarketing / targeting by opting out of personalized ads in your Google Account; follow this link: https://www.google.com/settings/ads/onweb/ .
The aggregation of the collected data in your Google Account is based solely on your consent. For data collection operations that are not merged into your Google Account (e.g., because you do not have a Google Account or have objected to the merge).The legitimate interest arises from the fact that the website operator has an interest in the anonymous analysis of the website visitors for advertising purposes.
If you would like to receive the newsletter offered on the website, we require an e-mail address from you, as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter , Further data are not collected or only on a voluntary basis. We use this data exclusively for the delivery of the requested information and do not pass it on to third parties.
The processing of the data entered into the newsletter registration form takes place exclusively on the basis of your consent. The granted consent to the storage of the data, the e-mail address and their use for sending the newsletter can be revoked at any time, for example via the "unsubscribe" link in the newsletter. The legality of the already completed data processing operations remains unaffected by the revocation.
The data you have stored with us for the purpose of acquiring the newsletter will be saved by us from the newsletter until your subscription and deleted after cancellation of the newsletter. Data stored for other purposes with us (e.g. e-mail addresses for the memberís area) remain unaffected.
This website uses the services of MailChimp for sending newsletters. Provider is the Rocket Science Group LLC. MailChimp is a service with which, among other things, the dispatch of newsletters can be organized and analyzed. If you enter data for the purpose of newsletter subscription (e.g. e-mail address), these are stored on the servers of MailChimp in the USA.
MailChimp is certified under the EU-US Privacy Shield. The Privacy Shield is an agreement between the European Union (EU) and the US to ensure compliance with European privacy standards in the United States.
With the help of MailChimp we can analyze our newsletter campaigns. When you open an e-mail sent by MailChimp, a file included in the e-mail (called web beacon) connects to MailChimp's servers in the United States. This will determine if a newsletter message has been opened and which links have been clicked, if necessary. In addition, technical information is collected (e.g. time of retrieval, IP address, browser type and operating system). This information cannot be assigned to the respective newsletter recipient. They are used exclusively for the statistical analysis of newsletter campaigns. The results of these analyzes can be used to better tailor future newsletters to the interests of the recipient.
If you do not want analysis by MailChimp, unsubscribe from the newsletter. For this purpose, we provide a link in every newsletter message. Furthermore, you can unsubscribe from the newsletter directly on the website.
Data processing is based on your consent. You can revoke this consent at any time by unsubscribing from the newsletter. The legality of the already completed data processing operations remains unaffected by the revocation.
6. Plugins and Tools
Our website uses plugins from the Google-powered YouTube page. Site operator is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.
When you visit one of our YouTube plug-in-enabled sites, you will be connected to the servers of YouTube. It tells the YouTube server which of our pages you've visited.
If you're logged into your YouTube account, YouTube will allow you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account.
The use of YouTube is in the interest of an attractive presentation of our online offers. This constitutes a legitimate interest.