Gamma - General Terms and Conditions
JK Group Ltd.
1.0 - FINAL
July 29, 2017
SECRET – ABUSE IS A CRIMINAL OFFENCE! (ARTICLE 236 of the
CRIMINAL CODE of the REPUBLIC OF SLOVENIA)
Gamma – General Terms and Conditions
Provisions and Definition of Terms
general Terms and Conditions (hereinafter referred to as Terms)
(hereinafter referred to as Token)
and the Gamma Project (hereinafter referred to as Project).
provider of the Token is XAURUM
GAMMA Trust reg., with the
- registered office and business address:
c/o CONSIDA Trust reg., Im Malarsch 4, 9494 Schaan, Liechtenstein;
- registration number: FL-0002.398.435-4;
- contact e-mail address: firstname.lastname@example.org;
referred to as: Token
number of Tokens on offer during the ICO and the Pre-ICO shall be
referred to as Supply).
Unless explicitly stipulated to the contrary in these Terms, the
Tokens may be paid for with Euros (EUR), Ethereum coins (ETH) or
purpose of the ICO is for the Token Provider to collect the Funds to
purchase all (100%) of the shares in Project Provider, and to
finance, through Project Provider, the subsequent development of the
Project, i.e. building of additional villas and the infrastructure.
provider of the Project is Gama gradnje d.o.o., with the following
- registered office and business address:
Sveti Petar 36, Ièiæi (Grad Opatija), Croatia;
- registration number: 040376058;
- tax ID number: 63672790276;
referred to as: Project
A detailed description of the Project can be accessed on the website
which shall form an integral part of these Terms.
is a cryptocurrency (crypto-coin) as defined on the website
(hereinafter referred to as Xaurum).
Token Provider and Project Provider assume no responsibility or
warranty for its existence, operations or price changes.
user is a legal or natural person who has registered on the website
www.xaurum.org/gamma (hereinafter referred to as Website)
and accepted these Terms as part of the registration process
(hereinafter referred to as User).
buyer is a User who has acquired (purchased) and is in possession of
any number of Tokens (hereinafter referred to as Buyer).
accepting these Terms, and provided that other conditions set forth
hereunder have been met, the Buyer enters into a binding contract
with the Token Provider. The Buyer shall receive an invoice from the
Token Provider for the purchased Tokens.
capitalized terms shall have the meaning ascribed to them in these
Acquisition of Tokens
– ICO and pre-ICO, failed ICO
citizens of the United States may under no circumstances participate
in the pre-ICO or ICO!
aim of the ICO is for the Token Provider to collect 5,480.000,00 EUR
(5 million, four hundred eighty thousand Euros) to fund the Project
(hereinafter referred to as Investment). The Investment shall only be
used to fund the Project.
ICO price of Tokens shall be calculated based on the Supply and the
Investment and shall amount to 5,480.000,00 EUR. The ICO price of
Tokens shall also be stated in
Ethereum coins (ETH) and Bitcoins (BTC) on the Website, based on the
respective exchange rate.
Buyers shall be able to acquire the Tokens through the process of
Initial Coin Offering (hereinafter referred to as ICO),
as described in details hereunder:
after having registered on the Website
the User shall send the documents and data needed for identification
and requested by the Token Provider;
the User shall then be able to place
their order for the acquisition of Tokens on the Website, stating
the desired number of Tokens;
the Token Provider, after having checked
and confirmed the identity of the User, shall send to User the offer
for the acquisition of Tokens, stating:
the number of Tokens;
the price (and the currency) to be paid
for the Tokens;
the period of validity of the offer
(hereinafter referred to as Deadline);
the data for transmission of the money
or coins to be paid for the Tokens (hereinafter referred to as
provided that by the Deadline the Funds
have been received by the Service Provider, following the ICO-End,
the Token Provider shall inform the User of the number of acquired
Tokens; if by the Deadline the Token Provider received only a
portion of the Funds from the User, such User shall only be able to
acquire a corresponding portion of the number of desired Tokens
the User Buyer shall, upon Token
Provider’s notice, inform the Token Provider of their Ethereum
wallet address, which must not
be an address located at the coin exchange;
the Token Provider shall transmit the
acquired Tokens to the Ethereum wallet address, provided by the
Buyer. Should the Funds exceed the number of available Tokens (due
to high demand between sending the offer for the acquisition of
Tokens and the Deadline, or for any other reason), the Token
Provider shall return the portion of the Funds not used for the
purchase of Tokens. The return shall be carried out in accordance
with the provisions for the Failed ICO set out hereunder.
Users failing to perform any of the steps from the preceding
Paragraph, shall be denied the acquisition of Tokens.
Tokens shall be allocated to the Users on a first-come-first-served
basis, based on the Deadline, and provided that the Funds have been
received by the Token Provider by the Deadline.
Users failing to transmit, by the Deadline, the Funds to be paid for
the Tokens to the Token Provider, shall be denied the acquisition of
Tokens and their offer shall be deemed void and without any effect.
For the avoidance of doubt, the Funds must be received by the Token
Provider by the Deadline, so the Users should check the procedures in
place for the transmission of Funds and act accordingly. From any
Funds received by the Token Provider after the Deadline, the
reasonable costs relating to the transfer incurred by the Token
Provider shall be deducted, and the rest of the Funds shall be
transferred back to the User.
Users have been warned and acknowledge that providing the Token
Provider with a Ethereum wallet address located at the coin exchange,
shall result in the irreversible loss of all Tokens, which the Token
Provider shall be unable to replenish. In such case, the Token
Provider assumes no responsibility for the loss of Tokens or the
damage or other consequences thereof.
ICO shall commence July 31, 2017, at 16.00 hours, Central European
Prior to the ICO the Token Provider shall
offer to certain persons of his choice the right to acquire the
Tokens (hereinafter referred to as Pre-ICO).
The Pre-ICO shall commence on June 10, 2017, at 12.00 hours, CET and
last until the ICO starts. The number of Tokens for acquisition
during the ICO shall amount to Supply minus the number of Tokens
having been acquired during the ICO.
ICO shall last until September 31, 2017, 24.00 hours CET, or until
all of the Supply has been acquired by the Buyers, whichever happens
first (hereinafter referred to as ICO-End).
to explicit provisions to the contrary hereunder, there shall be no
limitation of the number of Tokens a single Buyer can acquire during
the ICO or the pre-ICO.
the Token Provider be unable to allocate the Supply by September 2,
2017, due to lack of Funds received by the Users, thereby failing to
collect the Investment, the ICO shall be deemed to have failed
(hereinafter referred to as Failed
ICO). In such case, the Token
Provider shall have full discretion to either:
decide to fund the project in the amount
lesser than the Investment, and to allocate the number of Tokens
smaller than the Supply between the Buyers; OR
decide to not fund the project and to
return (transfer) to the Users who have transferred the Funds, the
value of their Funds; the value of the Funds shall be returned,
based on User’s choice, or – if no choice has been made
– based on Token Provider’s sole discretion:
in Xaurum coins, calculated based on
the production price of Xaurum coins on the day of the ICO-End.
in BTC, ETH or EUR, calculated based on
the exchange rate on the day of the ICO-End.
costs of the return of the value of the Funds shall be borne by the
User and the Token Provider may deduct any such costs from the value
to be returned.
Buyers shall be able to sell and buy the Tokens on coin exchange(s).
Buyers shall have to right to melt the Tokens in exchange for rental
and other services (hereinafter referred to as Services)
to be rendered by the Project Provider after the completion of the
Project, according to the Services price list. After melting, the
Token(s) shall irreversibly cease to exist.
Buyers shall be entitled to a share of profit of the Project,
according to the following rules:
the net profit of the Project
(hereinafter referred to as Profit)
shall be divided so that:
50% of the Profit shall be reinvested
into the Project;
50 % of the Profit shall be divided
between the existing Tokens, on a monthly basis (hereinafter
referred to as Shared
the Token holder shall have the right,
at any time, to melt the (accrued) portion of Shared Profit into
Xaurum coins or ownership of real estate in the Project, in
accordance with the rules set out on the Website under “Details”.
Rights of the Token
Token Provider may at any time issue and offer for acquisition by the
Users and/or Buyers any number of Tokens above the Supply to fund the
Project or to fund similar projects. In such case, the price of the
Tokens shall be set as the average daily market price of the existing
Tokens in the week prior to the issue and offer in question.
Token Provider may at any time, at its sole discretion, stop funding
the Project. In such case, the Token holders shall receive the value
of the Tokens, calculated and paid out in Xaurum coins, based on the
production price of Xaurum coins on the day of ICO-End.
Buyer agrees that the Token Provider may issue an invoice for the
acquired Tokens only in an electronic form and send it via e-mail to
the e-mail address verified by the Token Provider or by other means
of electronic communication, except when explicitly agreed otherwise.
the Token Provider suspects that the bank operation is not
transparent or in case of any other suspicion of the Token Provider
related to the bank, the Token Provider has the right to refuse the
execution of the Buyer's order to acquire the Tokens.
Token Provider does not conclude business with citizens or residents
of or companies incorporated in or having its place of business in
the following countries (the list may be amended from time to time):
the United States of America, Iran, Democratic People's Republic of
Korea, Algeria and Myanmar (Burma).
Buyers and Users are notified and acknowledge the fact that the
operation of some of the Token Provider's services largely depends on
the general status and operation of telecommunication networks and on
the access conditions of these networks. The Token Provider shall
strive to provide uninterrupted and smooth operation of its services,
but Does not assume any warranties or guarantees thereof.
User support and
and Buyers can contact the Token Provider via email@example.com.
Liability of the Token Provider
no case shall the Token Provider be liable for damages incurred by
the Buyer in using the Token Provider's services or in relation
thereof, if the damages are a direct or indirect result of:
the action or omission of the Buyer or a
person for which the Buyer is responsible or who acts upon the
Buyer's authorisation or in the Buyer's interest;
actions of third parties, including the
persons who on their own behalf or together with the Token Provider
provide the operation of an individual service or a part of service
events that the Token Provider could not foresee upon concluding the
contractual relationship and which or the consequences of which
cannot be avoided are deemed as force
majeure; for example, but not
exclusively, force majeure
includes floods, wars, extraordinary events, demonstrations,
instances of civil disobedience, measures of national or local
authorities, fire, earthquake, strikes, interruptions to production
processes, traffic jams and other cases recognised by case. The
Buyer explicitly agrees that a long disconnection or disturbances of
power supply, unforeseen hardware or software faults, failures in
telecommunication network or its access disturbances, technical
problems of suppliers of products and services required and used by
the Token Token shall also deemed as force
majeure; the foregoing events
shall be deemed as force
majeure even if they stem
from the domain of the Token Provider.
no case shall the Token Provider be liable for indirect damages and
for loss of profit.
no case shall the Token Provider be responsible for loss, damage or
change to the Buyer's content saved on the Token Provider's
no case shall the Token Provider be liable for damages caused to the
Buyer by computer malware or other harmful and/or malicious programs
or other software or due to breach of the computer or information
Buyer itself is responsible for preparing and saving backups of its
data that have been stored on the Token Provider's servers.
in any case the exclusions of liability of the Token Provider shall
be declared void or illegal, then the Token Provider’s
liability shall be limited to the maximum extent allowed by the
Obligations of the Buyer
there is a change in data the Buyer stated upon registration or upon
ordering the services or deliveries, the Buyer is obligated to notify
the Token Provider in writing of the change of data within 8 days of
the change occurring. In addition to the notification sent to the
Token Provider, the Buyer is obligated to change the data in services
offered by the Token Provider, where possible. The Buyer suffers all
potential negative consequences of abandoning the notification on the
change of data.
Buyer is responsible for itself and for its responsible persons for
the confidentiality, protection and use of access passwords, user
names and other data to access the services. The Buyer is responsible
for the content of services it offers and with which it uses the
Token Provider's equipment.
Buyer is responsible for actions of its responsible persons as if
they were its own.
Protection of Data
and Business Secrets
Token Provider and the Buyer are obligated to protect all data on the
other contracting party which they obtain through or in relation with
their cooperation as a business secret, during their cooperation and
for at least three (3) years after the termination of the validity of
the contractual relationship.
information, which is as per the first paragraph of this Article
deemed a business secret, must not be used by the contracting parties
on their own or with others for purposes beyond the contractual
relationship, and must not be submitted to third parties or enable
third parties to be acquainted with it. The prohibition of the
submission information to third parties does not apply to the Token
Provider where and to the extent it is necessary to provide services
as per the concluded contractual relationship.
no case, may the Buyer or the User make a press statement, except
with the prior written consent of the Token Provider.
Informing the Buyers
and the Purpose of Personal Data Processing
Buyer, agrees that the Token Provider or a third party may send it
e-mail notifications related to the operation of services and
delivery and their capacities, upgrades referring to the services,
changes or amendments to these General Terms and Conditions,
campaigns or benefits in using the services and deliveries, as well
as other service-related messages. The Buyer agrees that these
notifications may also include commercial messages (ads) from the
Token Provider or third parties.
Buyer agrees that the Token Provider sends it the electronic messages
to its e-mail address entered upon registration, and to keep and
process the data on the Buyer in a way determined in this Article.
Buyer understands and agrees that in terms of sent e-mail
notifications, the Token Provider may record the data on the Buyers
who read a specific e-mail message and the data on the online links
in the respective message the Buyers opened (clicked). The Buyer
agrees that the Token Provider may use the data thus obtained to
adjust offers and/or contents of future e-mail notifications sent to
a specific Buyer.
Buyer agrees that the Token Provider may use all the data gathered
within the scope of implementing the services and deliveries for the
Buyer for its own needs without limitations, including market
analyses and adjustment of products and services to the findings of
Buyer explicitly allows the Token Provider to send information,
notifications and survey questionnaires directly or indirectly
related to the Token Provider's services to the Buyer's e-mail
address during the contractual relationship until the cancellation or
opting-out of receiving this kind of notifications.
Buyer agrees that for the purposes of its operation the Token
Provider gathers and processes the personal data of its contact
persons who communicate with the Token Provider in regard to services
contracting parties undertake to protect the personal data of
employees and contractual workers of other contracting party or
related data as per the EU’s General Data Protection Regulation
e-mail message shall be deemed a valid form of communication between
the contracting parties. This e-mail message must be sent to the
e-mail address stated upon registration or to the e-mail address the
contracting party submitted to other contracting party as per the
provisions of these General Terms and Conditions and is verified by
the Token Provider. At any time and without stating the cause, may
the Token Provider request the Buyer to confirm the contents of an
e-mail by sending registered mail or by any other appropriate means.
message is deemed received upon its receipt by the other contracting
party. The message is deemed received even if the other contracting
party does not receive it and the sending party can prove that the
message was sent as per the first paragraph of this Article.
the case of large orders exceeding the monthly value of 10,000 EUR,
upon the request of the Token Provider, the Buyer is obligated to
disclose the data on its property and its origin, and in addition to
that it guarantees to the Token Provider that its property does not
originate and is in no way related to money laundering, money hiding,
tax evasion, terrorism, crime, illicit trade in weapons, drugs,
trafficking or other offences and that it fully complies with the
legislation in the field of money laundering and terrorism financing
relationship between the Token Provider and the Buyer is subject to
the laws of Liechtenstein, without the use of rules on private
international law and procedure. Disputes between the contracting
parties are settled by the competent court according to the Token
Provider's registered office.
token Provider reserves the right to change any and all provisions of
these Terms at any time and without prior notice.
General Terms and Conditions shall apply from July 31, 2017.