TERMS OF USE

Website terms and conditions of use.

DISCLAIMER

Any and all information on our Website does not constitute and should not be considered as advice or as an offer to sell or as a solicitation of an offer to acquire any OAK to any person in any jurisdiction.

Any and all information on our Website has been provided to you for information purposes only and may not be relied upon by you in evaluating the merits of investing in, contributing to and/or acquiring the OAK. Any references to the OAK’s past valuation are not a guide to future performance, or a reliable indicator of future valuation or performance.

The terms of acquiring any OAK can be found in (i) the Whitepaper dated 21 May 2018 and (ii) the terms and conditions relating to the OAK, referred to in the Whitepaper (and which need to be read in conjunction with the Whitepaper). Any person acquiring OAK must understand the risks involved. The Whitepaper and the terms and conditions applicable to the same can be found at the following links:

Distribution of information or documents contained on our Website may be restricted by law. Accordingly, this information and documents may not be distributed in any jurisdiction, except under circumstances that will result in compliance with any applicable laws and regulations. Persons receiving this communication should inform themselves about and observe any such restrictions. Any dissemination or other unauthorised use of this information or documents by any person or entity is strictly prohibited.

Prospective purchasers of OAK tokens should consider the risks contained in each of the Whitepaper and the terms and conditions.

Information contained on our Website is subject to modification, supplementation and amendment at any time and from time to time.

WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR THE CORRECTNESS, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION CONTAINED ON OUR WEBSITE OR FOR ANY LOSS, DAMAGE OR LOST OPPORTUNITIES RESULTING FROM THE USE OF THE INFORMATION. ANY VIEWS, OPINIONS OR ASSUMPTIONS MAY BE SUBJECT TO CHANGE WITHOUT NOTICE.

GENERAL

These legal terms and conditions (the “Terms”) are applicable to your use of Acorn Collective Limited’s (“we” or “us”) website (our “Website”).

The content on our Website is provided for general information in respect of the services we offer (the “Services”). Our Website is not intended to amount to investment advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. Past performance is no guarantee for future results. Investments can involve significant risks and the value of them can go up or down.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

APPLICABILITY OF THE TERMS

Please read these Terms carefully before you use our Website. These Terms tell you who we are and stipulate the Terms applicable to the use of our Website. You should print a copy of these Terms or save them to your computer for future reference.

We may update, revise, delete and/or modify information on our Website without notice.

Every time you wish to use our Website, please check these Terms in order to ensure you understand the Terms that apply at that time.

Information should only be considered current as of the time of initial publication on our Website or as otherwise stated on our Website without regard to the date on which you may access the information. These Terms are only in the English language.

We may revise our Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our website.

BY USING OUR WEBSITE, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR WEBSITE.

INFORMATION ABOUT US

We are a private company limited by shares registered in Gibraltar under company number 116491 and have our registered office at 28 Irish Town, GX11 1AA, Gibraltar.

To contact us, please email info@aco.ai.

RESTRICTED ACCESS

Our Website and the Services are not directed to any person or corporate entity who is a resident of any jurisdiction where the use of our Website would be contrary to the applicable law of that jurisdiction. We do not represent that content available on or through our Website is appropriate for use or available in other locations.

WE MAY SUSPEND OR WITHDRAW OUR WEBSITE

Our Website is made available free of charge.

We do not guarantee that our Website, or any content displayed or published on it, will always be available and/or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and/or operational reasons.

You are solely responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and all other applicable terms and conditions that apply to the Website, and that such persons comply with the same.

HOW YOU MAY USE MATERIAL ON OUR WEBSITE

We are the owner of all intellectual property rights including patents, utility models, rights to inventions, copyright and related rights, trade-marks and service marks, trade names, utility software, applications, domains, source code (including source code materials, database rights, goodwill and the right to sue for passing off or unfair competition, rights in designs, renewals/ extensions/modifications thereof and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world) on or in connection with our Website and/or in the material published and/or displayed on it (including, for the avoidance of doubt, the Services, the Whitepaper and the OAK). All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.

You have no right to modify copy, adapt, reverse engineer, decompile, disassemble, adapt any hard or digital copies of any materials you have printed off and/or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

1.
use of, or inability to use, our Website; or
2.
use of or reliance on any content displayed on our Website.

In particular, we will not be liable for:

1.
loss of profits, business, or revenue;
2.
business interruption;
3.
loss of anticipated savings;
4.
loss of business opportunity, goodwill or reputation; and/or
5.
any indirect or consequential loss or damage,

arising from or in connection with your use of our Website.

RULES ABOUT LINKING TO OUR WEBSITE

You may link to the home page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Website in any website that is not owned by you.

Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to link to or make any use of content on our Website other than that set out above, please contact info@aco.ai.

PROHIBITED USES

You may use our website only for lawful purposes. You may not use our website:

1.
In any way that breaches any applicable local, national or international law or regulation.
2.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
3.
For the purpose of harming or attempting to harm minors in any way.
4.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
5.
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other analogous harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

1.
Not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our terms of website use.
2.
Not to access without authority, interfere with, damage or disrupt:
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any part of our website;
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any equipment or network on which our website is stored;
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any software used for or in connection with the provision of our website; and/or
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any equipment or network or software owned or provided by any third party.

INFORMATION ABOUT OUR USE OF COOKIES

This site uses cookies. Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. Cookies are typically stored on your computer's hard drive.

Information collected from cookies is used by us to evaluate the effectiveness of our Site, analyse trends, and manage the platform. The information collected from cookies allows us to determine such things as which parts of our Site are most visited and difficulties our visitors may experience in accessing our Site. With this knowledge, we can improve the quality of your experience on the platform by recognising and delivering more of the most desired features and information, as well as by resolving access difficulties.

We may also use cookies and/or a technology known as web bugs or clear gifs, which are typically stored in emails to help us confirm your receipt of, and response to, our emails and to provide you with a more personalised experience when using our Site.

We also use third party service provider(s), to assist us in better understanding the use of our Site. Our service provider(s) will place cookies on the hard drive of your computer and will receive information that we select that will educate us on such things as how visitors navigate around our site, what pages are browsed and general transaction information. Our service provider(s) analyses this information and provides us with aggregate reports. The information and analysis provided by our service provider(s) will be used to assist us in better understanding our visitors' interests in our Site and how to better serve those interests. The information collected by our service provider(s) may be linked to and combined with information that we collect about you while you are using the platform. Our service provider(s) is/are contractually restricted from using information they receive from our Site other than to assist us.

Your continued use of this site, as well as any subsequent usage, will be interpreted as your consent to cookies being stored on your device.

YOU BLOCK COOKIES BY ACTIVATING THE SETTING ON YOUR BROWSER THAT ALLOWS YOU TO REFUSE THE SETTING OF ALL OR SOME COOKIES. HOWEVER, IF YOU USE YOUR BROWSER SETTINGS TO BLOCK ALL COOKIES, YOU MAY NOT BE ABLE TO ACCESS ALL OR PARTS OF OUR SITE.

DATA PROTECTION AND PRIVACY

IMPORTANT: The Privacy Notice sets out the type of information that we will collect, store and process in connection with your contribution via our website.

The Privacy Notice also sets out all of the rights that you have in connection with the personal data we collect, store and our obligations to protect that personal data.

Please ensure that you have read and understood the terms of our Privacy Notice.

WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?

PLEASE READ THE FOLLOWING CLAUSE CAREFULLY BECAUSE IT CONTAINS CERTAIN PROVISIONS, SUCH AS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. THIS CLAUSE REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You agree that any claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) shall first seek settlement of the Disputes by mediation in accordance with the London Court of International Arbitration Rules (the “Rules”), which are deemed to be incorporated by reference into this clause. If Disputes are not settled by mediation within 28 days of commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the Rules, which Rules are deemed to be incorporated by reference into this clause.

Any Dispute arising out from or in connection with these Terms are personal to you and the Buyer will not be able to engage with any third party for the purposes of bringing a joint action against the Company with any other third parties in connection with these Terms.

Any mediation and arbitration brought by any party in connection with these Terms shall take place in Gibraltar and shall be conducted in English.

The arbitration shall be conducted by an independent third party appointed in accordance with the Rules.