TERMS AND CONDITIONS
Please read these terms and conditions of Sale of NDCOIN Tokens, the sequel to the Whitepaper, and confirm the adoption of these Regulations with a correspondent symbol in order to proceed with the purchase of tokens. If the Partner does not agree with the terms and conditions or any clause of the conditions, the company proposes to cancel the purchase of NDCOIN tokens.
These terms and conditions of Sale of NDCOIN Tokens (hereinafter referred to as the "terms") contain the terms and conditions regarding the acquisition of NDCOIN Tokens (hereinafter referred to as "ND tokens" and/or "NDCOIN Tokens"), which constitute the agreement between you or the entity you represent (hereinafter referred to as "Buyer") and ND INVEST LTD, international business company incorporated and existing in accordance with the laws of the Republic of Cyprus, with the legal office at the following address:
Anavargos 8025 Paphos, Cyprus Ieremiou 47
The Buyer and the company are individually referred as "Party" and collectively as the "Parties".
Taking into account the provided information, warranties, and agreements contained in these Terms, and given fair and reasonable consideration, the receipt and sufficiency of which is confirmed by the parties, the Parties came to an agreement on the following:
1. SUBJECT OF THE TRANSACTION
1.1. The Buyer is aware, understands, accepts and warrants that:
1.1.1. The Buyer has read and understands the content of the Whitepaper and in particular accepted (without any reservations) Whitepaper section "Legal information".
1.1.2. The Buyer has read and understands the contents of the "WARNINGS ABOUT the RISKS".
1.1.3. The Buyer has read and understands the contents of the "Exclusion of liability".
1.1.4. The Buyer is NOT a resident or legal entity of any of the territories mentioned in the Whitepaper as the “Territorial Restrictions” (including “US Residents”), and does NOT aquire NDCOIN or agree to these Terms on behalf of the residents of these small territories.
1.1.5. By accepting these Terms, the Buyer enters into an agreement for the sale and purchase of NDCOIN Tokens, including but not limited to the ERC20 smart contract.
1.1.7. The functionality of NDCOIN Tokens will be limited to services ND INVEST LTD, namely: Payment of Deposit or full payment when buying an apartment, furniture, car and other goods or services. The Buyer understands and agrees that the availability of these services depends on their future development.
1.1.8. Buying NDCOIN tokens is non-refundable and purchases under this regulation cannot be cancelled. In case of cancellation of the purchase by the Buyer, the latter may lose the amount paid. At the same time, the Company reserves the right to refuse or cancel any request to purchase NDCOIN Tokens at any time in its sole discretion.
1.1.9. These Terms as an agreement of purchase and sale of NDCOIN Tokens enter into force and become binding for the Parties when the Buyer: (a) notes with a check mark in the appropriate place on the website www.ndinvest.ltd (hereinafter referred to as the “Website”) in order to confirm that Buyer has read, understands and agrees to these Terms or (b) the company receives a payment from the Buyer.
1.1.10. The Buyer has all the power and authority to enter into this contract of sale of tokens and to perform the obligations in accordance with these Terms. The Buyer is at least 18 years of age and/or he/she has reached a sufficient legal age of legal capacity to purchase NDCOIN tokens. In that case, if the Buyer is a legal entity, such entity is duly organized (registered, incorporated), is the appropriate legal status (“in good standing”) under the laws of the jurisdiction of such person.
2. THE DISTRIBUTION OF NDCOIN TOKENS, OBLIGATIONS OF THE BUYER
2.1. The spread of ND tokens will be implemented by the Company according to the schedule and time to be set and can be updated by the Company in its sole discretion. Buying ND tokens the Buyer is aware, understands and has no objections to the procedures of their distribution, which can be determined by the Company.
2.2. The inability to use the Website or procedures established by the Company, can lead to the impossibility of obtaining ND tokens by the Buyer.
2.3. Buying ND tokens the Purchaser does not undertake any form of shares, debt obligations or other securities of the Company and the Buyer of ND tokens is not entitled to receipt of dividends or profit in any form.
The Buyer of ND tokens in accordance with these Terms: (a) does not acquire any rights in any form concerning the Company or its revenues or assets, including without limitation, any voting rights, rights to distribution, redemption, liquidation or other proprietary rights (including any form of intellectual property rights), or other financial or legal rights; (b) the Buyer provides the loan to the Company; and the Company does not grant to Buyer any right of ownership or interest in the Company as the company.
2.4. The company retains all rights, titles and powers in respect of all intellectual property rights, including but not limited to inventions, ideas, concepts, codes, discoveries, processes, brands, methods, software, compositions, formulas, technology, information and data, regardless of whether they are protected by patent, copyright, or are protected by trademark, and any trademarks, copyright and patents, which are based on the above. The Buyer has no right to use Company's intellectual property for any reason without the written permission of the Company.
2.5. The purchaser will use reasonable and appropriate measures to safeguard access to: (a) any device related to the Buyer and used in connection with the purchase of ND tokens; (b) private keys to the wallet or account of the Buyer; and (c) any other user names, passwords and other identifying information used to log into the system. Any loss of private keys or the device associated with the corresponding account or the failure by the Buyer to provide login or personally identifiable data may result in the loss of relevant ND tokens.
2.6. According to the request of the Company, the Purchaser will immediately provide the Company with information and documents that the Company, in its sole discretion deem to be necessary and appropriate to comply with any laws, regulations, rules, regulations and agreements, including but not limited to judicial procedures. Such documents may include (without limitation) a passport, driver's license, utility bills, photographs of the individuals concerned or the Buyer or third parties.
2.7. The Buyer warrants that the funds (both Fiat money and cryptocurrency) that is used to purchase ND tokens, do not have origin associated with any illegal activity.
3. TERRITORIAL RESTRICTIONS
3.1. Distribution and sale of ND tokens in certain jurisdictions may be restricted by applicable law, and therefore persons who acquire (get) the document must be properly informed and to comply with any such restrictions. Any failure to comply with these restrictions may result in violation of the laws of such jurisdiction.
The company does not make offers and distribute ND tokens, and also does not provide any regulated business (activities) in Singapore, in China or other countries and territories where transaction in respect of or using digital tokens are subject to restrictive regulation, require the Company to register or obtain a license from the relevant state authorities.
3.2. Buying ND tokens, the Buyer confirms hereby, under penalty of perjury, that the Buyer has complied with all laws and regulations in respect of purchase within the ICO (token crowd sale) and relevant pre-sales within the jurisdiction of the Buyer. The Buyer is solely responsible to ensure that the participation of the Buyer in the sale of ND tokens under these Terms is not prohibited under the applicable legal restrictions in the country of residence or domicile (residence) of the Buyer.
3.3. Laws and regulations can vary from jurisdiction to jurisdiction. The company is not responsible for the Buyer's breach of laws and regulations in the acquisition of ND tokens.
3.4. Buying ND tokens, the Buyer releases the Company from any liability that may arise in his jurisdiction or any other jurisdiction, and may be considered a personal (applicable) jurisdiction in respect of such Buyer.
3.5. ND tokens have not been registered under U. S. Securities Act as of 1933 (hereinafter referred to as the "SecuritiesAct"), or any of the regulatory authorities of any state or other jurisdiction of the United States of America (USA). ND tokens cannot be offered or sold, or for the benefit and in the interests of the holders of "green card" (a green card holder) of the United States or to US citizens or permanent US resident (from a tax or other perspective), or individuals who have a primary residence or residence in the United States (with a tax or other perspective), including Puertorico, Us virgin Islands or other territory under the jurisdiction of the United States, any legal entities (companies, corporations, foundations, trusts, etc.) that are registered (established) or are tax residents of the USA (hereinafter referred to as "US Residents"). If the Buyer is one of US Residents, he/she may not purchase ND tokens in any form and/or in any way.
3.6. In the event that the Buyer broke the ban and bought tokens, the Buyer undertakes full responsibility for this on his own.
4. LIABILITY, GOVERNING LAW, ARBITRATION CLAUSE
4.1. To the extent which is permitted by applicable law, rules and regulations, the Company and its related parties and the respective officers, employees or agents in respect of ND tokens are not responsible for any damages, including, but not limited to, direct, resulting, incidental, special, or indirect, inferred, economic (commercial) or non-commercial losses (including, but not limited to, lost profits, decline in income or losses of third parties, predictable or not, trading losses resulting from the use or loss of use of ND tokens).
4.2. For the avoidance of doubt, the Company expressly disclaims any and all liability for any direct or derived (resulting) damages (damages) of any kind arising directly or indirectly from: (a) taking into account the information contained in this document; (b) any errors, omissions or inaccuracies in any such information; (c) any resulting action, or (d) use or purchase of the services offered by the company ND INVEST LTD.
4.3. In any case, the Company and its related parties are not liable for any claims, damages, liabilities, losses or expenses of any kind, whether direct or indirect, arising, compensatory, accidental, real, edifying, previously estimated, economic and non-economic, punitive or special (including damages from loss of business, revenue, profits, data, use, goodwill, etc.).
4.4. The Buyer acknowledges and agrees that the Buyer does not purchase ND tokens with the purpose of investment, speculation, any type of arbitrage strategy, for immediate resale, or other financial goals.
4.5. To the full extent permissible by applicable law, the Buyer is exempted from liability protects against damages and agrees to indemnify the Company, its affiliated (associated) persons, officers and representatives from any and all claims, proceedings, demands, damages or other actions (including without limitation amounts for expenses and services of legal advisors and lawyers) that may be incurred by the Company in connection with: (a) the purchase or use of ND tokens; (b) the obligations and liability of the Buyer pursuant to these Rules; (c) violation or failure by Buyer to any terms in accordance with these Terms; (d) inaccuracies in any information provided or guarantees from the Buyer; (e) a violation by Buyer of rights or interests of any third natural or legal persons; and/or (f) any actions or omissions of the Buyer that are negligent, wrongful or intentional.
4.6. These Terms, and any dispute arising out of or connected with this agreement shall be regulated in accordance with the law of the Republic of Cyprus (without regard to conflict of laws provisions), hereinafter referred to as "Applicable law". Jurisdiction for any dispute and competent court under this agreement shall be determined in accordance with Applicable Law.
4.7. The Buyer hereby: (a) waives any objection which he may have regarding jurisdiction determination; (b) waives objections to the inconvenience of the form of proceeding; (c) waives the right to object against litigation that the court has no jurisdiction over the Buyer.
5. REFRALINE-LEADERSHIP PROGRAM ICO "ND INVEST LTD"
5.1. Refraline-leadership program is an eight-level program that provides an enhanced interest and impact throughout the ICO campaign.
5.2. Partners can easily have access to monitor and manage their rewards via purse ND INVEST, which is available at website www.ndinvest.ltd When withdrawing from the wallet, funds can be freely transferred to a bank or crypto bank account.
5.3. By joining our affiliate program, the affiliate receives a room ID or referral link, which is a unique link assigned to each registered user. After getting it, he will be able to post content from Media ND INVEST, which include: articles, graphics and much more. When the user clicks on one of your posted links, he will be redirected to our landing page ICO, and its activity will be tracked by our affiliate software.
5.4. As remuneration for attracting buyers to purchase tokens, participants of the referral program will receive NDCOIN tokens.
5.5. NDCOIN tokens received for refraline-leadership program may be freely exchanged for dollars, euros, or bitcoin at the exchange rate on the date of purchase tokens NDCOIN which was only a referral fee and take to any specified account.
5.6. The remaining tokens will be credited to the purse of the participant provided during registration, not later than 4 weeks after the completion of the sale of tokens.
5.7. Technical support during refraline leadership program is carried out by e-mail: email@example.com
6. How it works:
6.1. Once the invitees register through the link and purchase NDCOIN tokens, they will be marked with a partner ID, and a partner within 24 hours will receive bonus NDCOIN to his personal account.
6.2. With every purchase made by the user, which has led partner programs or referrals, he will receive a Commission of the purchase amount according to the terms of the marketing program.
7. Output conditions and charges:
7.1. Using the program ND MARKET you can get up to 25% of the total number of acquisitions token in your structure.
7.2. Accrued and statistics can be seen on the toolbar at refraline-leadership program in a private office.
7.3. Tokens that were received as commissions under the marketing program can be immediately exchanged for fiat money on the ND MARKET platform at the rate at which the tokens were purchased, and withdrawn to any specified account.
7.4. The withdrawal will be made within 7 calendar days.
7.5. Withdrawal is possible starting from an amount equivalent to 100 Euro.
7.6. Commission for transfer is 30 Euro +% bank transfer.
7.7. When withdrawing to the euro or dollar accounts, a 12.5% commission is charged.
7.8. When withdrawing funds by coupon, the fee is 10%.
7.9. All existing ND Holding members will receive reimbursement of previous payments at par 1: 1. That is, for 1 Euro you will get 1 ND token provided the you confirm of minimal activity in its activities. It is necessary either to purchase the minimum amount of ND tokens for 300 Euro by yourselves or it should be a direct purchase by the new recommended Buyer. At the same time, the direct guest should not be a member of ND HOLDING LTD programs and he will not be included in the ICO leadership program.
7.10 Tokens will be transferred to all participants for the previous programs of the Holding to their personal wallets after 6-12 months from the end of the ICO.
7.11 When starting the ICO, the whole created structure will be transferred to the main ND MARKET project entirely unchanged.
7.12 The minimum number of tokens when buying 50 NDCOIN
7.13 To participate in refraline-leadership program ND MARKET the mandatory minimum purchase should include 300 tokens ND.
7.14 After the completion of ICO ND INVEST LTD, when ND MARKET is launched for new participants, a purchase of 500 NDCOIN tokens will be a prerequisite for participation in the referral-leader program. All partners involved in ND MARKET will automatically be transferred to the main project and their leadership level will be preserved.
8. Partner payout system:
When starting the ICO, the whole created structure will be transferred to the main ND MARKET project entirely unchanged.
Commission rate for the personal products (entry level).
For each new sale that is made after a personal recommendation, the partner receives a Commission, the value of which is determined in accordance with the career level at which he is at the moment according to the monetary value set under agreement.
If the new partner himself, and his partner buy NDCOIN tokens, the former will receive the Commission on the entry level rate. If it is a direct buyer, the amount will be 7% ND tokens from all of his purchases.
Beginner’s level: 7% of token sales.
Partner of the 1st level: 9% of token sales.
Partner of the 2nd level: 12% of token sales.
Partner of the 3rd level: 16% of token sales.
Partner of the 4th level: 19% of token sales.
Partner of the 5th level: 21% of token sales.
Partner of the 6th level: 23% of token sales.
Partner of the 7th level: 24% of token sales.
Partner of the 8th level: 25% of token sales.
Partner is on Beginner's level. The rate is 7% of the amount of tokens purchased by personally invited partners. 5000 ND tokens were purchased.
5000 NDCOIN token– the purchase price, the initial level of 7 % = 350 ND tokens. A Partner's Commission is 350 ND tokens.
Commission rate for leadership work.
The affiliate program is launched subject to the invitation of at least three personal paid orders for the purchase of ND tokens and a total purchase amount of 1500 NDCOIN (1st level).
The reward for the guide:
Position and remuneration in the leadership program depend solely on the results of everyone's work and the work of the invited Partners, i.e. the total production, which is estimated as a percentage. In exchange for the purchased tokens, the Partner receives a percentage of the ND token's payment amounts according to his level and the level of the direct partner from which the purchase was made.
The management fee represents the difference between the estimated tariff for the partner's position and the tariff for the positions managed directly by his invited Partners based on payment results when purchasing ND tokens.
THE NUMBER OF ND TOKEN PAID
from 0 to 1.500 purchases of ND tokens by directly invited partners
from 1.500 purchases of directly invited partners to 5,000 total purchases of ND tokens
from 5.000 to 20.000 total purchases of ND tokens
from 20.000 to 80.000 total purchases of ND tokens
from 80,000 to 350.000 total purchases of ND tokens
from 350.000 to 1.500.000 total purchases of ND tokens
from 1.500.000 to 5.000.000 total purchases of ND tokens
from 5.000.000 to 15.000.000 total purchases of ND tokens
from 15.000.000 total purchases of ND tokens
3rd partner level The tariff at the 3rd level is 16% for the entire volume of purchased tokens in the structure.
The level of the downstream partner is 1st, which corresponds to 9% of the ND token sold by its structure.
Purchased for the accounting period for a total cost of 18,000 ND tokens from the structure of the downstream Partner at the 1st level.
The difference between the higher rate of Partner of the 3rd level (16%) and Partner of the 1st level (9%).
16% - 9% = 7% of the total purchase of tokens by the structure of the partner of the 1st level.
With a total purchase of 18,000 ND tokens, the commission partner at the 3rd level of 7% is 1260 ND tokens.
Total: Commission of the Partner of the 3rd level in the management structure will be 1260 ND tokens.
9. The possibility of transition to a higher level.
Buyers who bought tokens simultaneously for 1,500 ND tokens immediately go to the 1st level of the leadership program with getting 9% from the invited partners.
Buyers who bought tokens simultaneously for 4.000 ND tokens, immediately move to the second level of the leadership career with the receipt of 12% of the invited partners.
Buyers who bought tokens simultaneously for 16.000 ND tokens, immediately move to the third level of the leadership career with the receipt of 16% of the invited partners.
Buyers who bought tokens simultaneously for 50.000 ND tokens, immediately move to the fourth level of the leadership career with the receipt of 19% of the invited partners.
10. Promotion from the company ND INVEST LTD in the ICO
The promotion starts with the start of 1Pre-sale and lasts until the completion of the ICO. Winners are determined monthly, and personal results are summed up during the entire promotion. We hope that it will help you increase your income and invite to cooperation many new Partners!
Personal selling: Evaluated monthly based on the number of tokens personally sold.
1st place – from 30.000 NDC – ND Computer
2nd place – from 20.000 NDC – ND Tablet
3rd place – from 10.000 NDC – ND Telephone
10.1 General promotion of the company ND INVEST LTD
For the 1st place 10 points are assigned monthly, for 2nd place - 9 points and 8 points for the 3rd place and so on. A partner who takes the 10th place gets 1 point. These points are summed up from the beginning of the ICO and until its completion. After the end of the ICO, Partners who receive the maximum number of points and ranked from 1 to 10 will receive valuable gifts and prizes. The main prize – Apartment in your area. Only members of the Leadership Program who have Level 1-7, inclusive, can take part in the promotion. Tokens purchases made from the beginning of the first Pre-Sale to the end of ICO are counted. To determine the winners the results for the entire promotion period are summed up. Prizes from the company according to the results of the ICO:
10 – 4 places
Watch from ND company (following an ICO)
Gold watch ND (following an ICO)
Comfortable apartment in your area
- The prizes from the third to the first place will be awarded if the conditions for the balance of the structures are met: 50% of the largest structure and 50% of the remaining structure of the amount ND-coins purchased.
- The prizes from the third to the first place are subject to the purchase of ND tokens by the whole structure for 10,000,000 ND tokens.
The calculation of promotion formula.
|O x K x ((N+1) x 0.2) x L||×||P x (S x 0.1)|
O - Total number of structure
K - Number of direct paid partners
L - Coefficient by levels.
N - The number of newly personally invited members.
P - The amount of tokens purchased by the whole structure
S - The number of structures that bought tokens
M - Number of months after registration in the company
Factors to apply across levels.
Level 1 1.0
Level 2 0.9
Level 3 0.8
Level 4 0.7
Level 5 0.6
Level 6 0.5
Level 7 0.4
Level 8 0.3
The prizes at the levels:
Level 5: Golden NDCOIN (1 ounce of 999.9 gold)
Level 6: Set of 2 golden NDCOIN (each coin is 1 oz of 999.9 gold)
Level 7: Set of 5 golden NDCOIN (each coin is 1 oz of 999.9 gold)
Level 8: 1 kg of investment 999.9 gold.
The first leader in each country with the purchase of 500 NDCOIN Partners receives 500 NDCOIN tokens.
Leaders in each country with a structure of at least 1,000 people, provided the balance of the structures is 50% for the largest structure and 50% for the remaining structures of the amount purchased by NDCOIN are assisted in opening the official office of ND INVEST LTD.
Prizes will be awarded at an official conference of the company after the end of ICO in Vienna (Austria).
11. OTHER CONDITIONS
11.1. Taxes. The buyer is responsible for any issues related to the future taxation of the Buyer as the owner of ND tokens.
11.2. Divisibility. If at any time any of the provisions of these Terms is or becomes invalid or not enforceable, then such a provision will be considered separated from these Terms and replaced with a legal provision (if applicable) that will correspond as much as possible to the intentions of the Parties hereto and, if possible, such a provision does not affect the validity or feasibility of other provisions of these Terms.
11.3. The applicable language. These Terms are in English. If the Terms are translated into any other language, the English language will prevail.
11.4. Force majeure. The Buyer understands and agrees that the Company is not liable and places it on the Buyer in connection with any force majeure case, including insuperable force, labor disputes or other industrial conflicts, failures in electrical networks, telecommunications, hardware, software or other utilities, services, errors or weaknesses in software or smartcontract, earthquakes, hurricanes or other natural phenomena, blockades, embargoes, rebellions, acts or orders of the government, acts of terrorism or war, technological change, changes in interest rates or other monetary conditions and, in order to avoid disputes, any changes to any blockchain protocol.
11.5. Notices and communication. The Buyer agrees and is aware that all notices and other communications will be carried out by the Company with the Buyer at its sole discretion in electronic form.
11.6. Assignment. The Buyer will not be entitled to assign its rights and obligations under this Terms in respect of the acquisition of ND tokens without the written consent of the Company. Any assignment or transfer hereof in violation of this paragraph will be considered invalid.
The Company has the right to assign its rights and duties under these Terms to any affiliate and the group company ND HOLDING LTD.
Based on the above, the Terms and the respective rights and obligations of the Parties will be binding their respective successors, assigns, heirs, administrators, executors or legal representatives.
11.7. Termination. The Company reserves the right, at its sole discretion, to terminate these Terms if the Buyer violates these Terms. In the case of such termination: (a) all rights of the Buyer under these Terms shall cease; (b) the Buyer will not be entitled to a refund of any amounts paid.
11.7. Absence of waiver of the right. If the Company had not implemented or enforcedly used any entitlement under these Terms it is not the current or future waiver by the Company of such right or provision and does not limit the Company the right to sell this position at any time in the future. All waiver of the Company of such rights must be unambiguous and must be implemented in writing.
11.8. Third parties. These Terms do not create any rights for third parties (the beneficiaries).
11.9. The lack of Partnership and Order. Nothing in these Terms and any action of the Parties does not constitute or should not be such that they form partnership, association, joint venture or other joint enterprise between the Parties. Nothing in these Terms and any action of the Parties does not constitute or should not be such that they form, the order (representation) for any purpose. The parties under these Terms shall not have authority or authorization to submit to each other or to carry out legal actions on behalf of the other Party.
11.10. Terms Modification. The Company may modify these Terms at any time by posting an updated version on the Website. The updated version comes into force upon its publication. The Buyer bears the responsibility to regularly check the Website for changes to this Terms.