These Regulations define the terms and conditions of the use of the Platform using Blockchain technology located at the Internet address: www.nobleassetsplatform.io (hereinafter referred to as “Platform”)
The Platform is owned by the Company Polin Capital Ltd. based in London (WC1E 6HA) 3 Gower Street, number: 11416981, which ensures the correctness of its operation and provides related services (hereinafter referred to as the “Operator”).
Throughout the help of the Platform, Polin Investment Ltd. with its registered office in London (WC1E 6HA) 3 Gower Street, number: 11416981 (hereinafter referred to as the “Company”), provides Services to the Users consisting in enabling them to participate in the Tokens Emission and in their purchase.
Token Buyers will acquire ownership of precious stones (investment ones), which will be purchased by the Company for capital acquired from the Users, and after a specified period of time, the Company will re-purchase the tokens from them taking into Account the amount of the investment profit.
The Company guarantees to the purchasers of the Tokens a minimum profitability from the investment in the amount specified in the Whitepaper (the guaranteed minimum profitability is different when purchasing Tokens during the Pre-ICO period, and different when purchasing Tokens during the ICO period). The Customer may also receive additional bonuses when purchasing Tokens in packages (the rules and amount of granted bonuses are specified by the Whitepaper).
All information on the Tokens Emission and the investment plan are contained in the Whitepaper at the below address of the Platform, as well as on the dedicated websites to each investment:
Each User should get acquainted with the following documents before using the Platform and participating in the Tokens Emission:
- these Regulations;
Lack of consent of the User to the provisions of the above-mentioned documents makes it impossible to use the Platform and participate in the Tokens Emission.
The headers used in the Regulations are purely orderly and do not affect the interpretation of individual parts of the text, as well as the Regulations as a whole.
No content on the Platform can be interpreted as an investment advice. In order to obtain such advice, the User should use the services of a professional investment adviser.
THE USER SHOULD HAVE APPROPRIATE KNOWLEDGE AND EXPERIENCE ASSOCIATED WITH INVESTING IN CRYPTOCURRENCIES AND TOKENS, THEIR TRADE, BLOCKCHAIN TECHNOLOGY AND TOKEN EMISSION. THE COMPANY AND THE OPERATOR ARE NOT LIABLE FOR THE INCIDENTAL DAMAGES SUFFERED BY THE USER, CAUSED BY HIS/HER LACK OF APPROPRIATE KNOWLEDGE AND SKILLS IN THIS FIELD.
MORE INFORMATION ABOUT THE EXCLUSIONS OF LIABILITY OF THE COMPANY AND THE OPERATOR ARE FOUND IN THE POINT “EXCLUSION OF LIABILITY” BELOW.
Persons, partnerships, legal entities, corporations, foundations and other organizations whose country of registration or tax residence prohibit investment in cryptocurrencies can not also participate in the Tokens Emission.
The terms used in these Regulations have the following meanings:
Blockchain - a distributed database based on cryptography that stores a list of linked transaction records;
Token Emission - an event on the Platform during which Users can purchase Tokens.
Ethereum (ETH) - virtual currency, in exchange for which Users can acquire Tokens;
Account - a panel on the Platform created by the User, which allows him/her to use it, in particular participation in the Tokens Emission;
Platform - an online Platform administered by the Operator located at the Internet address: www.nobleassetsplatform.io through which the Company and Operator provide Services;
Regulations – the below document specifying the terms and conditions of using the Platform;
Token - a digital unit of value (ERC20 Ethereum Token Standard token) generated by the Company as part of the Token Emission, which can be acquired by the Users on the terms specified in the Regulations and the Whitepaper. The number of Tokens acquired corresponds to the percentage of ownership in the precious stones, described in the Whitepaper.
Services - services provided by the Company and the Operator electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (unified text - Journal of Laws of 2017, item 1219, as amended), enabling Users to participate in the Tokens Emission and in their purchase;
AML Act - Act of March 1, 2018 on counteracting money laundering and terrorism financing (ie - Journal of Laws of 2018, item 723).
Whitepaper - a document describing the specification of the Tokens and related with them investment plans of the Company.
In order for the Users to properly use the services available on the Platform, including effective registration and logging in, it is necessary:
- a connection to the Internet,
- having devices that allow you to use the resources of the Internet,
- for Users creating an Account - having an active e-mail Account (email),
- an electronic wallet for storing and reading ERC-20 Tokens.
Under the Platform, Users are prohibited from using viruses, bots, worms or other computer codes, files or programs (in particular, automating the processes of scripts and applications or other codes, files or tools).
The Operator and the Company inform that they use cryptographic protection of electronic transfer and digital content by applying appropriate logical, organizational and technical measures, in particular to prevent third parties from accessing data, including SSL encryption, using passwords and anti-virus or against unwanted software.
Despite the use of the aforementioned security features, measures, the use of the Internet and services provided electronically may be jeopardized by access to the ICT system and the Users' device, malicious software or access to data on this device by third parties. In order to minimize the threat, it is recommended that Users use antivirus programs or measures to protect identification in the Internet.
The Operator and the Company have the right to take all measures to increase the security of the Services provided by.
The rules of using the Platform
The User is obliged to use the Platform in a manner consistent with the provisions of the generally applicable law, the provisions of the Regulations, and good manners. Any actions that impede the use of the Platform by other Users or disrupt its proper functioning are prohibited. Users are prohibited from providing unlawful content.
The rules of AML and KYC
The Company, with the participation of the Operator, applies appropriate measures to counter the use of the Platform for money laundering, terrorist financing or other illegal activities. Pursuant to the AML Act (anti-money laundering) and KYC (know your Customer), they determine the terms and conditions for providing services by the Operator and the Company.
In order to ensure correct identification of the User, it is not possible for the User to use the Platform without creating an Account that will contain data required by the law. When creating an Account, a User who is a natural person must confirm his / her data by sending a passport scan and a scan of another identity document (eg ID card, driving license). If the User does not have a passport, he must send scans of two different identity documents, from which at least one of them must contain the residence address. The User being a legal person must confirm their data with documents from the relevant register, indicating the registration number and people who are part of its management body, including those authorized to represent the Company. It is also required to send scans of identity documents of these people (passport and other identity document or two different identity documents, of which at least one must contain the residence address).
The User investing Ethereum in an amount equivalent to not more than USD 1.000 is not subject to this procedure and in this case undergoes a simplified procedure (Simplified KYC procedure). For correct passage of this procedure, it is necessary to specify in the form the information about when and where the User has undergone the AML / KYC procedure during the ETH acquisition. It is required to provide the exact date and full name of the supplier from whom ETH was purchased, for which the transaction is made regarding the below Regulations and the Agreement concerning it.
The Company may take legally permitted actions aimed at confirming the authenticity of the documents sent. The User's identity can be constantly verified, in particular when their identification data changes or their actions are unusual and suspicious. The Company monitors the User's activities on the Platform and on this basis assesses the risk of a law violation.
The Company keeps a register of transactions made throughout the Platform, the value of which is equal to or exceeds EUR 15.000, calculated on the transaction date, irrespective of whether the transaction was carried out once or as a bundle of interrelated operations.
The Company reserves itself the right not to execute transactions with entities on the sanctions lists, conducted by appropriate institutions dealing with anti-money laundering in particular within the United Nations, the European Union and the US Department of Foreign Assets Control (OFAC).
Re-verification of the User
In the event of a justified suspicion or finding that the data provided by the User is incomplete or incorrect, the Company has the right to temporarily suspend access to the Account and request that the verification procedure is resumed, in particular, sending current documents. A User who is a natural person should in this case send two different identity documents, at least one of which must contain the address of residence and be authenticated by a notary. A User who is a legal person should send analogous documents as when setting up an Account, but additionally provided with an Apostille. In the case of a refusal on the part of the User, the Company has the right to suspend the transactions ordered by him/her and temporarily suspend his/her access to the Account until the User's data is verified again.
Proceedings in case of suspicious transactions
In the event of reasonable suspicion or determination that the User uses the Platform for money laundering, terrorist financing or other illegal activities, the Company has the right to suspend the transactions ordered by him/her, temporarily suspend his/her access to the Account and notify the competent public authorities. Suspension of transactions and suspension of access to the Account may also take place upon the order of such an authority.
Proceedings in case of doubts as to the origin of cash or cryptocurrencies
In the event of reasonable suspicion or determination that the funds or cryptocurrencies owned by the User do not belong to him/her, the Company has the right to block them until their origin is clarified and the owner is identified. If it is determined by the Company in a way that does not raise any doubts, the Company has the right to return the cash or cryptocurrencies to the User.
Creating an Account
In order to create an Account, the User should go to the website www.nobleassetsplatform.io and click on the tab “Create an Account”. Then, in the designated fields the User should enter the relevant data, including:
- password chosen by the User, containing at least eight characters, including at least one capital letter and at least one digit;
- e-mail address;
- telephone number;
- name and surname;
- PESEL number, and if the person does not have one - date of birth;
- country of birth;
- series and number of the ID;
- company, tax identification number (NIP) and address of the main place of business - when it is a natural person running a business.
After entering the above data, the User should send to the Platform a scan of documents required by the “AML and KYC Rules”. Submitted scans must be clear (all data in the document must be clearly visible) and can not bear any traces of any digital processing. The User investing Ethereum in an amount equivalent to not more than USD 1.000 (one thousand USD) is not subject to this procedure and in this case undergoes a simplified procedure (Simplified KYC procedure). For correct passage of this procedure, it is necessary to specify in the form the information about when and where the User has undergone the AML / KYC procedure during the ETH acquisition. It is required to provide the exact date and full name of the supplier from whom ETH was purchased, for which the transaction is made regarding the below Regulations and the Agreement concerning it.
After clicking “Create an Account”, an Account is automatically created to which the User has access immediately. Creating an Account is tantamount to concluding an Agreement with the Company for the provision of Account Maintenance Services. The verification of the given personal data and sent documents, referred to above, takes place in the period of several minutes to 2-3 business days (if the User created an Account on a non-working day or holiday period). In the event of a justified suspicion or finding that the data provided by the User is incomplete or incorrect, the Company has the right to temporarily suspend access to the Account and request that the verification procedure is resumed, in particular, sending current documents.
The data provided by the User must be up-to-date and in line with the real state. In the event of any changes to them, the User is obliged to immediately update the data in the Account and, if necessary, send the Company the documents confirming the change.
The User can have only one Account. If the same User is authorized to represent several different legal entities, he may create an Account for each of them. In case of a justified suspicion that a given Account was created by an User who already has an Account on the same entity on the Platform, the Company has the right to block all the new Accounts, besides the Account created in the first place, until these issues are clarified.
Purchase of Tokens by the User
In order to purchase Tokens, the User should complete the purchase form, where he/she informs about the number of Tokens that he/she intends to purchase and for what amount of ETH. He/she introduces also the information on where and when did he/she purchase (or will purchase) ETH and from what ETH wallet number will it be sent.
The Company checks the compliance of the User's wallet numbers and payment status. In the event that all data is confirmed, the Company sends back the converted value of Tokens to that User (NBAC / FNAC / CTAC).
In the absence of any data or information, the Company invites the User to fill in the gaps.
Payment of investment receivables
After the dates indicated each time in the Whitepaper for a given type of Token, the User who took part in the Tokens Emission receives information about the generated profit on the address provided in the User's Account. In order to pay the amount due from the investment, the User must contact the Operator or the Company and return the Tokens in turn.
Withdrawal from the Agreement
Within 14 days from the date of acquiring the Tokens, the User may withdraw from the purchase Agreement without giving any reason. For this purpose, he should submit to the Company a statement on the withdrawal from the Agreement in the form of an e-mail sent to the address firstname.lastname@example.org The period of 14 days is met when the statement is sent before its expiry. Receipt of the User's declaration, the Company confirms on a durable medium sent to the User's e-mail address.
Within 14 days from the date of withdrawal from the Agreement, the User is obliged to return purchased Tokens to the Company and bears direct costs of this activity. He can do this by sending the Tokens to the address of the electronic wallet:
and inform the Company or the Operator about this fact to the email address email@example.com
Upon receipt by the Company of the Tokens returned by the User, the Company shall return the payment made by the User using the same method of payment as the User used for the payment for the Tokens.
Termination of the Agreement and deletion of the Account
The User has the right to delete an Account at any time without giving a reason. He can do this by contacting the Company electronically at the address firstname.lastname@example.org . Such action of the User is tantamount to termination by him/her with an immediate effect of the Agreement for the Provision of Services concluded with the Operator and Agreements concluded with the Company. Deletion of the Account means resignation from the investment, loss of any benefits in connection with the Agreement concluded with the Company and loss of acquired Tokens without the possibility to claim any claims against the Operator or the Company.
All funds paid, less the amount of 3.0% of the funds paid, being the equivalent of the operating activity under the investment, will be returned within 7 days of the Account being deleted. If the deletion of the Account takes place in the period when the assets related to the investment will be acquired, the funds paid, less the amount of 8.5%, will be returned within 30 days of deleting the Account. The given value of 8.5% is the equivalent allocated to the operating activity under the investment and is a fee associated to the costs related to terminating the Agreement by the User.
The Operator or the Company have the right to delete the Account if the User uses the Platform in a manner contrary to the provisions of law, the Regulations or good customs. Before deleting the Account, the Operator or the Company sends a warning to the Customer, suspends access to his/her Account and request him/her to settle his/her obligations towards the Company within 7 days (eg supplementing documents or responding to questions related to irregularities). If the Customer does not respond to the summons or fails to properly perform the required obligations, his/her Account will be deleted. Account deletion has the same effects as in the case of the User's deletion of the Account, described-above.
The Company makes every effort to ensure that the Platform is functioning properly at all times.
All technical works aimed at its maintenance and updating are carried out in the least inconvenient manner for the quality and continuity of the Services. Users are informed about them as much as possible by means of messages sent by e-mail. The Company is not responsible for any disruptions in the proper functioning of the Platform.
The User is obliged to settle all tax liabilities arising in connection with transactions carried out on the Platform or in connection with the possession of Tokens. It is also his/her duty to determine the type and scope of tax obligations. The Operator or the Company are not responsible for the User's tax obligations arising in connection and from the transactions carried out on the Platform or the possession of Tokens.
Exclusion of liability
THE OPERATOR OR THE COMPANY IS NOT RESPONSIBLE FOR DAMAGE SUFFERED BY THE USER AS EFFECT OF FORCE MAJEURE (EARTHQUAKES, HURRICANES AND OTHER NATURAL DISASTERS), STRIKES, INTERRUPTION OF INDUSTRIAL OUTPUT, INTERRUPTION IN ELECTRICITY SUPPLY, ECONOMIC BLOCKADES, RIOTS, WARS, ACTS OF TERROR, ACTIVITIES OF PUBLIC AUTHORITIES, TECHNOLOGICAL CHANGES, CHANGES IN PERCENTAGE RATES AND CHANGES IN THE MONETARY POLICY.
THE OPERATOR OR COMPANY IS NOT RESPONSIBLE FOR DAMAGE SUFFERED BY THE USER AS EFFECT OF THE USER PROVIDING WRONGFUL OR NOT CURRENT DATA, ALSO ACCESSIBILITY OF THE LOGIN AND PASSWORD TO THIRD PARTIES.
THE OPERATOR OR THE COMPANY IS NOT LIABLE FOR THE OPERATION AND POSSIBLE BLOCKCHAIN NETWORK FAILURE, WHICH IS INDEPENDENT FROM THE OPERATOR AND THE COMPANY. THE OBLIGATION OF THE OPERATOR AND THE COMPANY IS ONLY FOR PROVIDING OPTIMAL TERMS TO USE THE BLOCKCHAIN NETWORK.
BEYOND THE EXTENT OF LIABILITY OF THE OPERATOR AND THE COMPANY IS THE CONTENT TRANSMITTED TO THE PLATFORM BY THE USERS – IT DOES NOT CONTROL IT, NOR ANALYZES IT. THE USERS HAVE A FULL RESPONSIBILITY FOR PUBLISHED CONTENT, IN PARTICULAR THIS INFRINGING LAW. IN CASE OF RECEIVING RELIABLE INFORMATION ABOUT THE CONTENT THAT INFRINGES THE LAW, THE OPERATOR HAS THE RIGHT TO DELETE IT AND ALSO LOCK OR DELETE AN USER’S ACCOUNT THAT PUBLISHED IT.
THE OPERATOR OR THE COMPANY IS NOT LIABLE FOR THE ACTIONS OF THE USERS AND THIRD PARTIES RELATED TO THE NON-CONFORMITY OF THE USE OF THE MATERIALS CONTAINED ON THE PLATFORM.
THE USER USES THE PLATFORM ON HIS/HER OWN RESPONSIBILITY. THE OPERATOR OR THE COMPANY, THEIR BRANCHES, EMPLOYEES, AGENTS, THIRD PARTIES PROVIDING CONTENT DATA, THIRD PARTIES PROVIDING SERVICES DATA, DO NOT GUARANTEE THAT THE USE OF THE PLATFORM WILL NOT BE UNINTERRUPTED OR THAT IT WILL NOT INCLUDE ERRORS. THEY DO NOT ALSO PROVIDE WARRANTIES CONCERNING THE ACHIEVEMENT OF THE EXPECTED RESULTS AS A RESULT OF USING THE PLATFORM AND THE ACCURACY, ASSURANCE, CONTENT OF ANY INFORMATION, SERVICES AND PRODUCTS PROVIDED BY THE PLATFORM OR COOPERATING WEBSITES.
THE PLATFORM AND SERVICES ARE BASED ON THE “AS IS” BASIS, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE WARRANTIES, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN GUARANTEES THAT ARE ADVISED AND IMPOSSIBLE TO EXCLUSION, LIMITATION OR MODIFICATION UNDER THE RULES APPLICABLE TO THIS REGULATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT THE OPERATOR OR THE COMPANY OR THEIR FUTURE PARENT OR AFFILIATE COMPANIES, WILL NOT BE LIABLE FOR ANY PERSONAL, PROPERTY DAMAGE, LOST PROFITS, COSTS OF SUBSTITUTIONS OF GOODS OR SERVICES, LOSS OF DATA, INCLUDING DUE TO THE USERS FAULT LOSS OF CODES, LOSS OF GOODWILL, WORK STOPPAGE, FAILURE OF COMPUTER OR EQUIPMENT OR TECHNOLOGY, MALFUNCTION OR ANY DIRECT OR INDIRECT, SPECIAL OR INCIDENTAL OR CONSEQUENTIAL OR INCIDENTAL OR PUNITIVE LOSSES BASED ON ANY ACTION RESULTING FROM THE USE OF THE WEBSITES OR ANY IMPLIED DEFICIENCIES IN OPERATION OR ERROR OR OMISSION OR INTERRUPTION OR DELETION, OR FAILURE OR DELAY IN OPERATION, OPERATION OR TRANSMISSION ON WEBSITES OR ANY DEVOTED COMPUTER VIRUS, FAILURE OF COMMUNICATION LINE, THEFT OR DESTRUCTION OF PROPERTY AND / OR UNUSED ACCESS, CHANGES OR USE OR PLACING ANY RECORDS OR CONTENT OR TECHNOLOGIES APPLICABLE TO AND ON WEBSITES. THE USER AGREES THAT THE LIMITATIONS OF LIABILITY APPLIES REGARDLESS OF WHETHER SUCH CHARGES APPLY TO BREACH OF AGREEMENT, TORTIOUS BEHAVIOR, NEGLIGENCE OR OTHER CAUSE, REGARDLESS OF THE CAUSE OF ACTION, EVEN IF THE OPERATOR OR THE COMPANY, PARENT OR AFFILIATES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION OF THE FOREGOING, THE USER EXPRESSLY ACKNOWLEDGES THAT THE COMPANY, OR THE FUTURE PARENT OR AFFILIATE COMPANIES, ARE NOT LIABLE FOR ANY ACTUAL OR CONSEQUENTIAL DEFAMATION, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, WEBSITES OR OTHER THIRD PARTIES.
THE OPERATOR AND THE COMPANY DISCLAIM ANY LIABILITY FOR THE REDRESS OF ACCESS OR USE OF ANY DATA OF THE USER THAT ALLOWS ITS IDENTIFICATION. THROUGHOUT THE USE OF THE PLATFORM, THE USER STATE, THAT HE/SHE HAVE READ AND AGREE TO THE DISCLAIMER OF LIABILITY. IF HE/SHE DOES NOT EXPRESS SUCH CONSENT, HE/SHE SHOULD NOT USE THE PLATFORM.
IF THE APPLICABLE LAW DOES NOT APPLY TO ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO THE USER, THE LIMITATIONS ARE APPLICABLE TO THE USER EXCLUSIVELY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
In the event of a malfunction of the Platform or any of its elements, the User has the right to lodge a complaint. To this end, he/she should send by e-mail to the address email@example.com a message containing:
- name and surname of the User,
- e-mail address,
- description of noticed irregularities.
The Company considers the complaint and responds to it via e-mail within 7 days of its receipt. Lack of response within this period means acknowledgment of the complaint. If it turned out to be justified, the Company immediately remedies irregularities in the functioning of the Platform.
Intellectual property of the Company
The Platform is the property of the Operator. He is entitled to add, edit, change and delete any content posted on the Platform, in whole or in part. The rules of the website functioning, all its graphical elements, interface, as well as the software on which it is based, the website code and databases are protected by law under the Act of 4 February 1994 on copyright and related rights (ie - Journal of Laws of 2018 item 1191, as amended), Act of 30 June 2000 - Industrial Property Law (ie - Journal of Laws of 2017, item 776, as amended) and other provisions of universally binding law, including European Union law.
All names (including the name of the Platform), graphic signs, verbal and graphic signs and other signs of a distinctive character, placed on the Platform are, unless otherwise stated, trademarks or other signs subject to protection on the basis of the aforementioned legal acts. Only the Operator, other companies that have obtained the appropriate permission from him and the right authors, are authorized to use these signs and markings.
Any use of the Operator's intellectual property without express permission is prohibited.
Personal data protection
Out-of-court dispute resolution
The User who is a consumer has the option of using out-of-court remedies and claims settlement.
All consumer rights are included in The Consumer Rights Act 2015 http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted
A User who is a consumer can use the online dispute resolution (ODR) Platform available at http://ec.europa.eu/consumers/odr/ .
The Operator and the Company reserve the right to make changes to the Regulations. Any changes to the Regulations will be announced on the Platform at least 14 days before their entry into force. Users will be notified about changes to the Regulations also via e-mail to the address indicated when creating the Account at least 14 days in advance. Within 14 days from the entry into force of the amended Regulations, Users have the right to submit a statement by e-mail, in which they express their disagreement with the provisions of the amended Regulations. For transactions made before the entry into force of the new Regulations, the provisions of the Regulations in force at the time they were made shall apply.
If any provision of these Regulations turns out to be ineffective or invalid in whole or in part, it shall not affect the validity and enforceability of the remaining provisions of the Regulations. It is based and it will be interpreted in accordance with the law of the Republic of Poland.