Terms and Conditions
Updated 30 January 2023
1. Introductory provisions
1.1. These Terms and Conditions, determined by LLC Georgia Cradle of Wine (a company registered in Georgia, ID No. 440398598, legal address: Jugaani Village, Signagi, Georgia) apply when You use this Website.
1.2. These Terms and Conditions constitute a legally binding and enforceable agreement between LLC Georgia Cradle of Wine and a user of this Website. Please carefully read these Terms and Conditions which regulate the terms and conditions for Your usage of the Website.
1.3. Terms “We” and “GCWine” refer to LLC Georgia Cradle of Wine while terms “You” and “User” refer to any physical or legal person, organizational entity, any guest visiting and using the Website of LLC Georgia Cradle of Wine - https://gcwine.io/. GCWine and You shall be separately mentioned as “the Party” while jointly it shall be “the Parties”.
1.4. Please do not carry out transactions related to the GCW Token including but not limited to buying the GCW Token unless You are informed about the GCW Token and our Services. You must also be aware of the essence of and risks related to cryptocurrencies and services connected with them. In case of carrying out the transactions related to the GCW Token including but not limited to buying the GCW Token You must be informed about how the GCW Token is created, stored and transferred.
1.5. Please be aware that the value(s) of cryptographic tokens and accordingly the GCW Token might be subject to significant fluctuations. Please buy the GCW Token only if You are ready to undertake the risk of partial or full loss of the sum and/or digital asset(s) invested by You to purchase the GCW Token.
1.6. These Terms and Conditions do not constitute and they cannot be perceived and/or interpreted as constituting any kind of advice including but not limited to financial, investment, tax, trade and/or legal advice. Before You use our Services including but not limited to buying the GCW Token please do Your own independent research including but not limited to addressing an appropriate professional consultant. Only You are responsible for doing such an independent research and making any decision and/or performing any action based on such a research.
1.7. When You use our Website and/or Services including but not limited to buying the GCW Token it is implied that You did Your own independent research about the risks related to digital assets including but not limited to the GCW Token and the services which can be performed using digital assets including but not limited to our Services. We shall be exempt from any liability for any potential damage which You might incur because You did not do such an independent research and/or You used our Services including but not limited to buying the GCW Token without fully understanding all the relevant risks.
1.8. You can accept or reject these Terms and Conditions. If You do not accept these Terms and Conditions please leave our Website.
1.9. If you do not agree with these Terms and Conditions but despite this you continue using our Website and/or Services, only You bear all the risk(s) of all the potential damage which You might incur because You did not carefully read these Terms and Conditions, our Whitepaper and/or any other information related to warning about risks available/which might be available on our Website.
2. Definitions of Terms
Unless the context otherwise requires, the terms used in these Terms and Conditions have the following meanings:
2.1. Accepted Digital Asset - BNB or other digital asset regarding which GCWine might declare its consent in a written form or as it might be specified on the Website;
2.2. BNB (Binance Coin) – A cryptographic coin which is connected with the Binance Blockchain and is the native token of this Blockchain;
2.3. Binance Smart Chain (BEP-20) – A token standard which determines the rules related to using the token including but not limited to buying and selling the token;
2.4. Wallet Address – Smart contract addresses and digital wallet addresses existing within an applicable digital ledger or blockchain belonging to LLC Georgia Cradle of Wine and the users of our Website(s) and is connected with Binance Smart Chain network (BEP-20) by BEP-20 standard;
2.5. Block Explorer – An instrument which provides a detailed analysis of a blockchain network from the origination of the first block (the Genesis Block) up to date. It acts as a search engine using which the users can search for information about the data included in any block;
2.6. GCWine – The brand of LLC Georgia Cradle of Wine and the name of this project;
2.7. GCWine (GCW) Token – A cryptographic token created on the Binance Blockchain;
2.8. GCWine’s Team – Our Team as a whole or each member of the Team;
2.9. GCWine’s website - https://gcwine.io/ ;
2.10. Smart Contract – A computer code operable on the Binance Blockchain thanks to which the GCW Token is transferred to Your wallet as soon as You transfer the BNB Coin to us. Along with all other functions typical for a fully functional token such as the name, amount, decimal, transfer, receipt etc. of the token, the smart contract has other additional functions as well which You can see on our Website, in the token and DEX specifications.
2.11. The Company’s Smart Contract Address – The address of the smart contract to which You can transfer BNB in order to receive the GCW Token in return. The Company’s Smart Contract Addresses are provided on our Website;
2.12. Company Designated Account/Wallet – The Company’s virtual wallet address(es) which You can see on the Block Explorer bscscan.com , in the detailed description of the transfer;
2.13. Disqualified Person -
2.13.1. Any physical or legal person who tries to access the Website(s)/use the Servises within an excluded jurisdiction;
2.13.2. Any physical or legal person who is currently subject to any sanction(s);
2.13.3. Any physical or legal person who is a citizen of, resident of or has a residence permit in a country, the legislation of which prohibits or contradicts to accessing our Website(s) or using our Service(s); and/or
2.13.4. Any legal person who is registered, has its seat or is organized in a country the legislation of which prohibits or contradicts to accessing our Website(s) or using our Service(s);
2.14. Network Attack and Vulnerability – Hacking activities, cyber-attacks, network attacks (including but not limited to double-spend attacks, majority mining power attacks and 51% attacks and network attacks), distributed denial of service and errors or any attack, vulnerability or deficiency in the network;
2.15. Operational Period – Period during which we are working on improving and/or adding any function of GCWine’s Website;
2.16. Services – Services and/or content which is provided on the Website(s) by GCWine or otherwise and includes the third-party integrated applications;
2.17. Supported Digital Asset – A digital asset which might be specified on the Website(s) such as BNB, the GCW Token – the token of LLC Georgia Cradle of Wine or any other digital asset determined by GCWine;
2.18. User – Any physical or legal person who has access to or uses our Website(s)/Services;
2.19. User Account – Dashboard, user account and account credentials have the same meaning as prescribed in the “User Account and Account Credentials” chapter of these Terms and Conditions;
2.20. User Wallet Address – The wallet address specified by the user which corresponds to the meaning prescribed in the “User address” chapter of these Terms and Conditions;
2.21. User Information – This term has the meaning prescribed in the relevant chapter of these Terms and Conditions;
2.23. DEX – A decentralized exchange platform, the smart contract of which was created and built in only to purchase the GCW Token and exists in the smart contract and the Web 3 window of which You can see on the Website in order to purchase only the GCW Token;
2.24. Private key – A combination of numbers and alphabetic characters using which You control Your wallet. If you lose the private key or do not have it, You will no longer have access to the digital assets in Your wallet. Consequently, You should be really careful with Your private key;
2.25. MetaMask Wallet – A cryptographic wallet created by another company in which Your wallet addresses are stored and You control their private keys. MetaMask Wallet is also blocked by a combination of 12 different words, called a Seed Phrase. In case You lose the Seed Phrase You will lose access to all Your digital assets existing in Your MetaMask Wallet;
2.26 2.26. White List – A smart contract existing on the Blockchain thanks to which a verified user is entitled to purchase the maximum amount (10 BNB’s worth) of the GCW Token;
2.27. Gas Fee – When You carry out a transfer, the relevant transfer fee is accumulated which You pay to the Blockchain in order to complete this transaction. When You buy the GCW Token, i.e. when You send BNB to GCWine’s or DEX’s smart contract, such transaction fee is also generated, the amount of which might increase or decrease for reasons not depending on us. We cannot be responsible for the amount of the Gas Fee. You should conduct a prior research regarding the amount of the Gas Fee on a particular blockchain, in case of GCWine – Binance Smart Chain
Our Services in general
3.1. The digital assets and services provided to You by LLC Georgia Cradle of Wine without limitation include the following:
3.1.1. Selling the GCWine Token to You;
3.1.2. Providing You with instructions about buying the GCWine Token;
3.1.3. Confirming Your identity, i.e. verification;
3.1.4. Providing You with instructions about verification;
3.1.5. Providing You with instructions about attaching Your virtual wallet to our Website
3.1.6. Unblocking the GCWine Tokens belonging to our employees, Team Members and partners and providing them with instructions about this.
Buying the GCWine Token
3.2. You can buy the GCWine Token by transferring only the BNB Coin, according to Your choice, with one of the following methods:
3.2.1. Transferring the BNB Coin to GCWine’s smart contract address with BEP-20 Smart Chain standard;
3.2.2. Transferring the BNB Coin to GCWine’s DEX smart contract address with BEP-20 Smart Chain standard;
3.2.3. Attaching Your MetaMask Wallet to GCWine’s DEX smart contract using the Web 3 window. You can indicate the amount of the GCW Token or BNB which You would like to buy, click ‘Exchange’ and consent to the transaction on MetaMask. BNB shall automatically be exchanged to the GCW Token, BNB shall automatically be transferred to GCWine’s wallet address and You in return shall also automatically receive the GCW Token for the price established within the scope of public sales available on our Website.
3.3. If You do not have the MetaMask Wallet installed, You can enter MetaMask’s official website by clicking the relevant button and You will be able to install it.
3.4. You can buy maximum 1 BNB’s worth of the GCWine Tokens without verification. To do this it is necessary to send the BNB Coin to the Token’s or Dex’s smart contract or attach Your MetaMask Wallet to the Website and follow the relevant instructions.
3.5. When You carry out a transaction but Your full sum is insufficient to buy the amount of Tokens which You indicated and simultaneously deduct the Gas Fee, the latter shall nevertheless be deducted. This is controlled by the relevant blockchain and we are unable to have any kind of control over it
3.6. If You are going to buy more than 1 BNB’s worth of the GCW Tokens You will have to register on our Website and go through verification.
3.7. If You have sufficient amount of BNB but are not verified and You would like to buy more than 1 BNB’s worth of the GCWine Tokens, You will be unable to do this because Your wallet address will not be included in the White List and ‘Error’ will pop up. However, the transaction fee shall nevertheless be deducted.
3.8. If You are verified and You try to buy more than 10 BNB’s worth of the GCW Tokens, You will be unable to do this because the maximum amount of the GCW Tokens that can be bought is limited to 10 BNB by the smart contract. For this reason the transaction shall be cancelled but the Gas Fee shall nevertheless be deducted.
3.9. The minimum amount of the GCWine Token that can be bought is not limited. Accordingly, You can indicate a very little amount of the GCWine Tokens when buying the GCWine Token. Despite this, when You would like to buy so little amount of the GCWine Tokens that this amount is less than the Gas Fee, such a transaction will frequently fail but the Gas Fee shall nevertheless be deducted.
3.10. You can register on the Website by inputting Your email, username and password.
3.11. Personal account: the personal account is created for verification purposes.
User Account and Account Credentials
3.12. You might need to register a user account to access our Website(s) and/or use our Services. If You have our account this means that You agree to the following:
3.12.1. You must not grant other person(s) access to Your user account;
3.12.2. You must keep all Your login certificates and other mandatory forms of authentication confidential and secure. Only You are responsible for maintaining the security and confidentiality while visiting and/or logging in to our Website(s).
3.12.3. After You finish using Your account You should press Log Out so that unauthorized persons do not obtain access to Your account. This is especially important if You are logging in to Your account using a publicly available computer or network. While using the publicly available computer please do not allow this computer to remember the username and password of Your account so that unauthorized persons do not obtain access to Your account.
3.12.4. You shall not hold GCWine liable for unauthorized use of Your account or any other loss or damage which You might incur due to such unauthorized use of Your account;
3.12.5. You must immediately write to us at our Customer Support Mail - firstname.lastname@example.org if Your account’s security is jeopardized including but not limited to cases where You suspect that Your account is subject to unauthorized use or You lose the username or password of Your account.
3.12.6. You represent and warrant that You are the beneficial owner of the user wallet address(es) to which GCWine is obliged to transfer the GCW Tokens. Transferring the GCW Tokens by GCWine is carried out automatically when You transfer BNB to our smart contract address or do this using the exchange system (DEX) existing on our Website, the smart contract, which is programmed in the smart contract code and shall not be subject to subsequent reprocessing.
3.12.7. GCWine is exempt from any liability and shall not provide any compensation if You transfer BNB from a wallet the private key of which is not under your sole and full control including but not limited to any account and/or wallet of any crypto exchange platform;
3.12.8. We are entitled, at our own discretion, to suspend, restrict or cancel Your user account and/or access to Your user account at any time due to the following reasons (the list is not exhaustive): if we have a reasonable ground to think that You are violating these Terms and Conditions and/or with your activities inflict damage to our company’s interests including but not limited to damaging its reputation. If any ground mentioned in this sub-paragraph is present and we are obliged to cancel Your account, we shall not buy back the GCW Token(s) which You bought, if You had bought the GCW Token(s) by this time;
3.12.9. You also agree that if You transfer BNB using any network other than Binance Smart Chain (BEP-20 standard) in order to buy the GCW Token or for this purpose transfer any digital asset other than BNB to GCWine’s smart contract, You shall not receive the GCW Token(s) in return and lose all Your rights to the digital asset(s) transferred by You;
3.12.10. You agree to the following: if there is a reasonable doubt that You are noticed in committing any kind of illegal activity or have participated in suspicious transactions such as money laundering or providing any illegal service(s) and/or paying money and/or other asset(s) in exchange for such service(s), we shall be obliged to submit the information about You to state regulatory authorities and/or any other authorized person and/or body pursuant to applicable legislation, regulations, judgment of the Court and/or the request of any state regulatory authority and/or any other authorized person and/or body and in accordance with the purposes established by normative act(s) and/or pursuant to any similar process conducted in accordance with the applicable legislation. In such a case we shall suspend Your account until the Court or other authorized body delivers its final decision. If Your guilt is proved Your account shall forever be cancelled;
3.12.11. If it is found out that You are attempting to break into our system or deceive it or inflict damage to our system using any other way, Your account shall forever be cancelled.
3.13. If You would like to buy more than 1 BNB’s and maximum 10 BNB’s worth of GCW Tokens, You need to go through verification on our Website. Verification entails performing certain actions by You including but not limited to providing us with Your personal data.
3.14. For verification You will need to perform the following actions:
3.14.1. In the relevant fields of the Website indicate Your gender (optional), name, surname, date of birth, citizenship, Your home address and country where You live, Your passport or ID card number, Your wallet address;
3.14.2. You will also need to upload a document certifying Your residential (home) address on the Website (for example, a document issued by a competent administrative body confirming that You are registered at the address specified by You, an extract from public registry regarding ownership of real estate, a communal tax receipt, an extract from a bank account or any trustworthy official document specifying Your home address), the photo of Your passport or ID card so that its features including but not limited to its number and expiry date are clearly visible, a selfie photo that clearly shows Your face and Your passport or ID card which You are holding in Your hand including but not limited to all the features located on the relevant page(s) of the passport or ID card enabling to establish the validity and legality of Your passport or ID card.
3.14.3. Stateless persons can go through verification by uploading the residence permit of the country where they are located. If a stateless person visits our Website from the territory of the USA or a country where the stateless person is not legally entitled to stay and/or from the territory of a country which is an excluded jurisdiction under these Terms and Conditions, such a fact shall be beyond our reasonable control and we shall not bear any liability regarding this because we are prohibited from forcing any user of our Website to turn on their location (i.e. provide us with the information concerning their actual geographic location at the moment of using our Website) pursuant to applicable legislation.
3.15. The purpose of these verification procedures is for us to have a comprehensive information about You to the maximum possible extent so that we are able to be in compliance with the normative acts concerning anti money laundering and terrorism financing, be able to effectively collaborate with law enforcement agencies in case of actual or alleged crime, also to comply with decisions and/or judgments of the Court and/or other dispute resolution bodies and/or official requests or statements of other administrative bodies in general.
3.16. The time limit for processing Your data within the scope of verification is 5 (five) business days.
3.17. After successfully passing the verification it will be written in the Verification window that You have successfully undergone the verification. Your wallet address shall be added to the White List thanks to which You shall be entitled to buy maximum 10 BNB’s worth of GCW Tokens.
3.18. If the verification fails, the reasons for Your unsuccessful verification shall be displayed in the verification window. You will be able to resubmit the corrected information in order to eliminate these reasons.
Attaching a wallet
3.19. Along with verification You shall be able to attach Your MetaMask Wallet using Your personal account after which You will be able to see the amount of the GCW Token You bought and/or the frozen GCW Tokem(s).
3.19.1. After attaching the wallet You shall be able to buy the GCW Token.
3.19.2. If You have any frozen GCW Token(s) they will appear in Your personal account.
3.19.3. After the freezing term expires You shall be able to unblock Your GCW Token(s) in Your personal account.
3.20. If You have already attached the MetaMask Wallet but went to another page, this attachment shall automatically be switched off and it will be necessary to attach the Wallet again after every opening of another page. This function aims to protect Your Wallet from obtaining access to it by unauthorized third parties in case You do not use the appropriate measures of caution while using the device by which You are attaching the Wallet to our Website. On the other hand, everything mentioned in this paragraph does not mean that the MetaMask Wallet shall be switched off in Your device itself: the matter of when and/or how Your authorization on MetaMask will expire beyond the scope of our Website, in the browser itself, falls only under Your responsibility.
3.21. If You go to other page but would like to go back to DEX and buy the GCW Token or see the amount of Your Tokens on the Dashboard, You should attach the MetaMask Wallet again and so on every next time.
4. Acknowledgements, representations and warranties
By obtaining any kind of access to and accepting these Terms and Conditions You acknowledge, confirm and consent to the following:
4.1. These Terms and Conditions do not constitute any kind of offer or advice and are not intended for You to purchase any share, other securities or any other financial instrument. These Terms and Conditions are not intended for providing You with any kind of investment service or investment advice in any country or territory. We do not guarantee either the accuracy and fitness or errors and inaccuracies of the information provided in these Terms and Conditions. The User gets familiar with, uses and trusts this information only at their own risk. We shall not be liable for any damage including but not limited to financial losses, be it direct or indirect, in any form, resulting from using our Services, notwithstanding whether You had got familiar with the information provided in these Terms and Conditions regarding the possibility of incurring such losses;
4.3. Any fact of trading the GCW Token on any cryptocurrency exchange platform in the future shall not be perceived and/or interpreted by You as if the GCW Token has any advantage over other digital asset(s). We are not able to predict the state of any digital assets market and/or the future value of the GCW Token on such a market and we do not make any representations regarding this;
4.4. No Service or any Supported Digital Asset shall not be perceived and/or interpreted by You as if this Service or Supported Digital Asset enables You to directly or indirectly obtain any profit(s) in any form or any share in such profit(s), any kind of income in any form or any other payment(s) or remuneration. Moreover, GCWine does not promise You in any form and You shall not perceive and/or make such an interpretation as if GCWine promises You in any form to obtain any profit(s) in any form or any share in such profit(s), any kind of income in any form or any other payment(s) or remuneration directly or indirectly using any Service or any Supported Digital Asset;
4.5. Any user wallet address provided to us by You is fully valid and secure. If this is not so, only You are responsible for this. Furthermore, You shall not log in to our Website with any other user’s account and You shall not create multiple user accounts;
4.6. You are not a disqualified person and do not act on behalf of such a person. If You are the disqualified person You must immediately leave our Website(s) and stop using all our Services. Only You shall be liable if You breach this Paragraph.
4.7. You have full authority and capacity to accept these Terms and Conditions and fulfill all Your obligations following from these Terms and Conditions. If this is not so, only You bear the relevant responsibility;
4.8. By visiting our Website and/or using any of our Supported Digital Assets, including but not limited to the GCW Token, and/or using our Service(s) You confirm that You have at least the basic knowledge about blockchain and crypto industry including but not limited to the functioning of blockchain and smart contract technologies, the services (including but not limited to our Services) related to digital (crypto) assets including but not limited to the Supported Digital Asset(s), the functioning, storage, transfer mechanisms (including but not limited to buying and selling) and other important features of crypto assets, network standards, blockchain and smart contract protocols and standards, cryptographyc tokens, software systems based on digital ledger, digital asset wallets and interfaces and/or other related token storage and exchange mechanisms. By visiting our Website and/or using any of our Supported Digital Assets, including but not limited to the GCW Token, and/or using our Service(s) You also confirm and agree that we shall be exempt from any kind of liability if You incur any kind of damage while carrying out any activity (action or inaction) regarding our Supported Digital Asset(s) including but not limited to making any transaction and/or using our Service(s) because You do not possess the knowledge mentioned in this Paragraph and/or You did not get familiar with the warning provided in this Paragraph;
4.9. If You by mistake transfer a digital asset for buying the GCW Token or for other purpose, You shall not be able to recover the transferred digital asset. We shall not bear any liability in such a case. The transferred digital asset shall fall under our ownership and You shall not have any right or claim regarding this. You should ensure transferring only BNB to our smart contract address(es) only with BEP-20 token standard. If You transfer any digital asset or cryptocurrency other than BNB to our smart contract address(es) You shall not receive the GCW Token and You shall also not recover the transferred asset, i.e. You shall lose any and all Your rights to the asset transferred to us by You.
4.10. Only You bear all the risks related to investing in crypto assets;
4.11. You are not a citizen or resident of the USA or other country which is specified in the Excluded Jurisdictions within the scope of these Terms and Conditions, neither are You a holder of the USA Green Card and accordingly You are entitled to buy the GCW Token. If You breach this paragraph, only You shall bear the liability;
4.12. You use our Service(s) only for your personal use and do not act on other person’s behalf. You confirm that You have not created different accounts and act only on Your behalf. If You breach this paragraph, only You shall bear the liability;
4.13. We fully disclaim any liability to You if any of Your actions breaks and/or contradicts the law, You have carried out a suspicious transaction, Your device does not work properly or works with deficiencies (only You are responsible for your device). Only You bear the risk of and the relevant responsibility for any virus, error, flaw, deficiency or any other impediment of or related to Your device. Furthermore, in case of practical realization of the risks and grounds mentioned in this Paragraph We shall collaborate with relevant authorities in order to achieve the relevant goals including but not limited to facilitating to elimination of Your breach of the law;
4.14. You are familiar with the legislation which regulates Your use of our Services. Only You are responsible for complying with this legislation. Moreover, only You shall bear the liability for breaching Your obligation(s) in this regard;
4.15. BNB using which You might be planning to buy the GCW Token is not obtained by illegal means including but not limited to money laundering, terrorism financing and/or any means which implies or might be implying breaking or circumventing the applicable legislation of any jurisdiction. If You breach this Paragraph only You shall bear the relevant liability;
4.16. You shall not lose access to Your wallet, user account, private key in any form and to any extent. Neither shall You grant access and/or rights to Your account to third parties without our prior written consent. If You breach this Paragraph only You shall bear the relevant liability;
4.17. You enter our Website and use our Supported Digital Asset(s) and/or Service(s) only at Your risk and only with Your responsibility. The risks might be significant. GCWine disclaims any liability for any damage that You might suffer because of using our Supported Digital Asset(s) and/or Service(s);
4.18. In case of loss, hacking and/or theft of the GCW Tokens existing on Your account and/or wallet You confirm that You shall not have any right or claim against us and we shall be exempt from any liability. The reason for this is that in a technical and technological sense it is impossible for us to have control over Your wallet and/or account. Consequently, from the moment GCWine transfers the GCW Token(s) to Your account or wallet in exchange for BNB transferred by You, only You bear the risk of loss and/or destruction of these GCW Token(s);
4.19. You shall be responsible for complying with digital asset reporting requirements provided by applicable legislation to relevant administrative body including but not limited to complying with reporting requirements of the taxable income obtained in connection with using the Services;
4.20. We might update the list of prohibited uses of the Services from time to time. Notification regarding such updates shall be published on GCWine’s social media page(s) and channel(s). These updates shall be available in these Terms and Conditions. It will be Your responsibility to ensure that Your use of the Services do not include activities that are prohibited pursuant to these Terms and Conditions. We disclaim any liability in this regard;
4.21. Within the scope of using our Services and/or in connection with this You shall not provide assistance, encourage and/or force any third party to involve in any of the following illegal activities (the list below is not exhaustive):
4.21.1. Any illegal activity;
4.21.2. Using any income obtained from any illegal activity to purchase the GCW Token and/or any of our Services or Supported or Accepted Digital Asset(s);
4.21.3. Publishing or disseminating any illegal material(s) or information;
4.21.4. Breaking the applicable legislation of any country where we conduct our business.
If You breach this Paragraph only You shall bear the relevant liability;
4.22. If You or any person using our Services on Your behalf breach the applicable legislation and/or these Terms and Conditions including but not limited to Your obligations following from these Terms and Conditions while using our Services and this resulted in infringing the rights of the third parties, You shall do everything in order to prevent GCWine, its director(s) and other representatives, team members and employees from suffering any damage (or if such a damage is suffered You shall compensate GCWine and/or the persons related to GCWine for this damage), participating in legal disputes and proceedings following from Your wrongdoing(s) and incurring the relevant costs. You shall also do everything including but not limited to so that GCWine is able to defend itself within the scope of the legal disputes which were initiated against GCWine because You breached Your obligations provided in these Terms and Conditions;
4.23. You shall not conduct any activities that might prevent other users from having access to or use any of our Services. You shall also not conduct any activities that might otherwise violate other users’ legal rights and interests including but not limited to the fundamental human rights prescribed by the Constitution. You shall not upload any material(s) on our Website(s) that contain(s) viruses and/or other malicious programs. Neither shall You by Your activities cause overloading of our digital infrastructure. You shall not use our Website in an unauthorized manner which means including but not limited to unauthorized entry to our systems, inappropriate use of the password(s) and/or unauthorized use of any information existing on our Website. If You breach this Paragraph, only You shall bear the relevant liability.
4.24. Without our prior written consent You shall not create any third party application(s) whih might interact with our Website;
4.25. You shall not conduct activities that include the signs of fraud. If, while using our Services or in this regard, You are noticed in fraud and/or deception of other users in any form with the purpose of appropriation of their assets or inflicting any kind of damage to them, only You shall bear the relevant liability while we shall be exempt from any liability;
4.26. You shall not carry out any transaction and/or activity which infringes the intellectual property rights, trademarks, right to privacy and confidentiality of other persons or other right specified by the law. If You breach this Paragraph, only You shall bear the relevant liability;
4.27. Services which are offered to You by LLC Georgia Cradle of Wine with its Website https://gcwine.io/ are created by LLC Georgia Cradle of Wine. Moreover, the Website https://gcwine.io/ , the design of this Website, texts, the company’s logo, verification mechanism(s) and all other similar materials constitute solely the property of LLC Georgia Cradle of Wine. Without our prior written consent You and/or any third party shall not use any intellectual property belonging to LLC Georgia Cradle of Wine including but not limited to name, logo, trademarks or service marks;
4.28 You shall not conduct any activity which shall inflict any damage to GCWine and/or its director(s), employees, team members, including but not limited to activities that will defame their reputation;
4.29 If You while using our Service(s) manage to obtain any kind of profit or gains, You must ensure compliance of such profit or gains with Your country’s tax system and legislation including but not limited to submitting relevant declarations and paying all the relevant taxes. Only You shall be responsible for everything mentioned in this Paragraph;
4.30. If due to any of our or Your mistake including but not limited to hacking the Website(s) for any reason You by mistake obtain any sum of money and/or digital assets belonging to GCWine, You are obliged to immediately return these sums and/or digital assets to us. Otherwise we shall address the measures specified by the law;
4.31. You shall not use our Supportied Digital Asset(s) including but not limited to the GCW Token for any illegal purpose(s) including but not limited to money laundering and/or terrorism financing and/or for conducting any activities related to them, deceitfully selling the GCW Token to physical or legal persons, purchasing an asset the purchase of which is prohibited by the law or any other activity which implies or might imply breaching or circumventing the applicable legislation of any jurisdiction. If You breach this Paragraph, only You shall bear the relevant liability;
4.32. On our Website and/or outside of it You shall not make any representations to any physical or legal person(s) which might create incorrect assumptions for these person(s) regarding the GCW Token including but not limited to any impression as if the price of the GCW Token shall increase, resulting in enrichment of these person(s);
4.33. To the maximum extent You shall assist us in complying with the applicable legislation. In particular, You shall perform all the actions required from You by the applicable legislation and/or depend on You and for this purpose You shall comply with our requests and/or instructions. We shall be exempt from any liability and You shall have no right or claim against us regarding the actions which we shall perform to comply with the applicable legislation;
4.34. You confirm that we shall be exempt from any liability and You shall have no right or claim against us if You breach any of the provisions prescribed in this Chapter and because of this You suffer any kind of damage;
4.35. You confirm that You have carefully read and understood all the provisions prescribed in these Terms and Conditions. By accepting and having access in any form to the conditions provided in this Chapter You from the moment of getting familiar with these Terms and Conditions confirm that all the above mentioned acknowledgments, representations and warranties (i.e. all the provisions specified in this Chapter) are formulated clearly, unequivocally and they are not misleading.
5. Risk factors and disclaimers of liability
5.1. You should carefully consider and assess each of the risk factors listed below and all the other pieces of information which are included in these Terms and Conditions before deciding to use any of our Services and/or buy the GCW Token.
5.2. You should take into account that at this stage LLC Georgia Cradle of Wine is not licensed in Georgia as a crypto firm. If You still decide to buy the GCW Token and the business plans cannot be realized and/or are cannot be conducted appropriately, You shall not be able to recover Your invested money and/or digital assets.
5.3. You should not make any transactions and not buy the GCW Token unless You are aware of the risks related to it. You must be understanding that values of crypto assets significantly fluctuate in general due to reasons which are not and cannot be under our reasonable control. For this same reason the price of the GCW Token might fluctuate. Before You decide to buy the GCW Token You should understand that You may fully or partly lose the sums and/or digital assets which You invest for buying the GCW Token. Only You bear the responsibility in this regard.
5.4. Only You bear all the risks and responsibilities related to Your use of any information provided in these Terms and Conditions in any form regarding which we fully disclaim any liability. Trading is a very risky business which might cause significant losses. Consequently, we urge You to rely on a professional advise while assessing the information provided herein. Please address qualified professionals for consultation before making up Your mind. We warn You that You might incur financial losses due to using our Services regarding which we fully disclaim any liability.
5.5. Transactions which were signed by the person making the transaction and verified in the digital ledger including but not limited to the blockchain network generally are not subject to any change and are actually irrevocable. If You send BNB with any token standard other than BEP-20 and to any destination other than our company’s smart contract address(es), it will be impossible to return the transferred BNB to You. If any such case is present, GCWine shall not bear any liability, shall not warrant and shall not undertake any obligation to You including but not limited to any responsibility for returning the erroneously transferred BNB, providing assistance in their recovery and/or in any form facilitating their recovery.
5.6. Please transfer BNB only from the wallet the private key of which you control and only with the BEP-20 token standard. Under no circumstances should You transfer BNB from any crypto exchange platform (the so-called ‘Exchangers’) or market. This will result in the loss of Your tokens and only You bear the responsibility in this regard
5.7 For reasons beyond our control we cannot predict when network attacks will occur., system, equipment and/or plant malfunctions, breakdowns and/or any other defects, unplanned interruptions in our network or services, software defects, security breaches or other causes that may adversely affect our infrastructural network and/or platform may occur at any time for reasons beyond our control. Such events may include but are not limited to viruses, bugs in software or source code that may lead to its exploitation and/or misuse. We, for reasons beyond our control, may not be able to detect such network attacks, viruses and/or network vulnerabilities in a timely manner and we may not have sufficient resources to effectively deal with multiple incidents involving the Services that occur simultaneously or in rapid succession. Our Services may be interrupted due to many events beyond our control, including but not limited to natural disasters, network disruptions, power outages, and/or third parties' intentional disruption of our Services, including but not limited to software viruses and/or due to cyber-attacks by unauthorized users. Therefore, if you suffer any damage due to the actual realization of any of the risks listed in this Paragraph, we shall not be liable for any such damage and You shall not have any right or claim against us.
5.8. In addition to those listed in the previous paragraph, there may be other additional risks, as blockchain and smart contract technologies and related technical and technological mechanisms and aspects are still in the early stages of development and are undergoing a constant evolution. Accordingly, new technological advances may render some or all parts of our operations and processes obsolete and/or invalid. This may lead to irreparable consequences, including the paralyzing of our Services, the failure of GCWine's business, the devaluation of the GCW token and the permanent deactivation of our website(s). If You suffer any damage as a result of practical realization of any of the risks mentioned in this Paragraph, we shall not be liable for any such damage and You shall not have any right or claim against us.
5.9. Although we take all measures within our reasonable control to protect against cyber-attacks, unauthorized access, use, damage, loss and destruction of our devices and infrastructure, including our website(s) and all information or data contained therein, this cannot guarantee that network attacks and vulnerabilities will not occur again in the future and any security measures we take will be effective. Accordingly, if despite all of this you suffer any kind of damage because of using our Accepted or Supported Digital Assets, including but not limited to the GCW Token and/or our Services, we shall not bear any liability and You shall not have any right or claim against us.
5.10 If third parties (including but not limited to Binance Smart Chain) who assist us in providing GCW Token and/or our Services to you are subjected to a cyber attack and/or their equipment, devices and/or facilities malfunction, we shall be discharged from any liability and from any obligation to pay any indemnification and/or compensation in any amount and form and You shall have no right or claim against us regarding any interruption of our Services and/or for any damage that You or any other third party might suffer due to such cyberattack(s) and/or by such failure of equipment, devices and/or installations of the third parties mentioned in this Paragraph. Such damages may include, but are not limited to, the complete or partial disappearance of GCW Tokens, as well as the reduction or devaluation of the value of GCW Tokens, the cancellation of GCWine and our website(s), which will be caused by, among other things, the partial or complete collapse of the blockchain on which all transactions related to our Supported Digital Assets and our Services are recorded and through which the functioning of GCWine in general is fully or partially carried out. If the risks described in this paragraph result in the total or partial disappearance and/or devaluation of GCW Tokens and/or the cancellation of our website(s), You shall not be able to recover the sum and/or the digital asset(s) you have invested, and we shall not be liable to anyone in this regard and shall have no obligation whatsoever, and You and/or any third parties shall have no right or claim against us.
5.11. We are partially dependent on third-party location and data center facilities. Our infrastructure network is partially based on servers owned by third parties or located at third party locations and/or on servers they may lease at third party data center facilities. If we are unable to maintain such a network or are able to do so on commercially unreasonable terms, we may need to relocate our services to a new data center. This may require significant costs. Also, in connection with such possible relocation, we may be forced to stop providing the Services to you. In such a case, You shall not be able to recover the sum and/or digital assets you have invested. We shall bear no liability to anyone and You and/or any third party shall have no right or claim against us if you and/or any third party suffers any damage as a result of such termination of the Services because such damages are caused by reasons beyond our reasonable control. These facilities are also not fully protected against damage and disruptions, including natural disasters, fires, terrorist attacks, power outages and failure or shortage of telecommunications facilities or resources. In addition, third parties providing such facilities may suffer a breach of security due to the actions of others, employee error, malpractice or otherwise, and third party(ies) may gain unauthorized access to data on such servers. Because the techniques used to gain unauthorized access to or sabotage systems change frequently and are usually undetectable until they are launched against a target, providers of such facilities may not be able to detect these techniques in advance and/or implement adequate preventive measures. Accordingly, we shall not be liable to anyone and You and/or any third party shall have no right or claim against us for any damage You and/or any third party may suffer as described in this Paragraph, including any such damage, interruption and/or loss of data to third parties. Due to unauthorized access, to the extent such damage is caused by reasons beyond our reasonable control.
5.12. Cryptocurrency does not constitute a money issued by any central bank or international organization. In the vast majority of countries, cryptocurrency is not recognized as a currency or legal tender. Cryptocurrency in most cases is not backed by any tangible or intangible asset. Considering all this, the buying and selling of digital assets, including the GCW token, depend on the demand and supply in the market and the agreement between the market participants about their value. At no point in time are there any guarantees regarding the market price or liquidity of digital assets, including the GCW Token. There can be no assurance that there will be an active or liquid market for the GCW Token at any point in time or that an existing market will remain stable. Accordingly, there is no guarantee that the GCW Token(s) you own will have any value after listing on any market when the ICO (Initial Coin Offering) is over. Consequently, you may lose your invested sum and/or digital assets in full and You shall not be able to recover them. We shall not bear any liability and You shall have no right or claim against us if you suffer any damage as a result of the practical realization of the risks set forth in this Paragraph.
5.13 In different jurisdictions the applicable normative acts related to the Services and the Supported Digital Asset(s) covered by these Terms and Conditions may be unclear and/or subject to clarification, amendment and/or addition. Such clarification, amendment and/or addition may have an extremely negative impact on the availability of our Services to you and the our Supported Digital Assets, including the GCW Token, which may result in, including but not limited to, the failure of GCWine's business, suspension or deactivation of our Services, and/or reducing the availability of the GCW tokens. In such cases You shall not be able to recover your invested sum and/or digital assets. We may also have to take steps to comply with such regulations, or deal with issues related to inquiries, notices, requests or enforcement actions from regulatory authorities, which may require us to incur significant costs and implement substantial changes to GCWine’s platform(s). In the event of such substantial changes, notification regarding this will be posted on GCWine's social media page(s) and channel(s). The factors mentioned in this paragraph may adversely affect the attractiveness of GCWine’s platform(s) to users and result in reduced use of GCWine’s platform(s). We shall not bear any liability and You shall have no right or claim against us if You suffer any damage as a result of practical realization of any of the factors set forth in this Paragraph.
5.14. Moreover, if the costs of complying with the newly implemented regulations mentioned in the previous Paragraph exceed a certain threshold, maintaining GCWine’s platform(s) may no longer be commercially viable and we may decide to suspend or terminate the Services. In such cases, you will not be able to recover your invested sum and/or digital assets. It is also difficult to predict how or whether it is likely that governments or regulatory authorities will clarify, amend or change any applicable laws affecting distributed ledger and smart contract technologies and their uses, including our Services. We shall not bear any liability and You shall have no right or claim against us if You suffer any damage as a result of practical realization of any of the factors set forth in this Paragraph.
5.15. We may also be required to cease operations in a jurisdiction that makes it illegal to operate on its territory or makes it commercially unviable or undesirable to obtain the regulatory approval(s) required to operate in that jurisdiction. We shall not bear any liability and You shall have no right or claim against us if You suffer any damage as a result of the practical realization of any of the factors set forth in this Paragraph.
5.16. You agree and confirm that the grounds for exempting us from liability are not listed exhaustively.
6. General provisions
6.1. From time to time we shall offer You the services related to GCWine which shall be performed in accordance with the progress of the project.
6.2. When You enter the Website https://gcwine.io/ and utilize the information and/or Service(s) available on this Website or obtained using this Website, this implies that You fully agree with all the provisions specified in these Terms and Conditions. In the event of inconsistency between the terms of individual products or services and the terms set forth in these Terms and Conditions, the terms set forth for those specific products or services shall prevail.
6.3. Under no circumstances may the information on the Website be considered as an advice or a request to buy or sell a product, service or financial instrument and/or document and/or as a recommendation of the service provider, unless the service provider itself expressly states the contrary.
6.4. From time to time these Terms and Conditions may be unilaterally changed by LLC Georgia Cradle of Wine. Notification of these changes shall be posted on GCWine's social media page(s) and channel(s). Updated terms and conditions shall be available on our Website. When you access our Website, You agree to the amended terms and conditions, if any.
6.5. We shall not provide You with our product(s) and/or service(s) if, in our opinion (and provided that we are under no obligation to check this) the provision of that product(s) and/or service(s) shall result in breaching the applicable legislation of your country of residence. If the risk described in this Paragraph nevertheless materializes and the provision of our product(s) and/or service(s) to you results in breaching the applicable legislation of your country of residence, only You shall bear the relevant liability in this regard.
6.7. By using our Website You confirm that You are of the age of majority (i.e. at least 18 years old).
7. Force majeure
7.1. Neither we nor You shall be liable for non-performance of any undertaken obligations due to force majeure. "Force Majeure" means a circumstance(s) beyond the Parties’ control, not attributable to our or Your errors or negligence and which could not have been foreseen, avoided or influenced by the efforts of the relevant Party or Parties. In the event of a Force Majeure event, we may, without notice and at any time, acting reasonably, take such steps as we deem appropriate to mitigate any adverse effects of the Force Majeure Event, but shall not be liable to you.
7.2. You agree that we shall not be liable to You or any other person in the event of a Force Majeure Event. Also, considering the previous paragraph, we shall not bear any liability with regard to actions taken by us (if we choose to take such actions) to mitigate any negative effects of a Force Majeure Event. We shall be exempt from any liability for partial or total non-performance or undue performance of our obligations, if such failure or partial or total non-performance or undue performance of the obligation(s) was the result of a force majeure event.
8. Excluded jurisdictions
You may not use our Services, including buying the GCW Tokens, if you are a citizen or resident of any of the countries or territories listed below. There are 2 reasons for this: first, in some of the countries listed below, trading cryptoassets and/or carrying out other activities related to cryptoassets is against the laws of these countries; Second, we do not currently have appropriate licenses to operate in the countries listed below the laws of which require a license to trade cryptoassets and/or carrying out other activities related to cryptoassets.
8.6. Anguilla (Anguilla)
8.8. Antigua and Barbuda
8.18. Burkina Faso
8.22. Central African Republic
8.28. Democratic People's Republic of Korea (PRK)
8.29. Democratic Republic of the Congo
8.33. Federated States of Micronesia
8.40. Hong kong
8.64. Netherlands Antilles
8.65. New Zealand
8.74. Republic of South Africa
8.76. Russian federation
8.81. South Korea
8.82. South Sudan
8.88. Taiwan region
8.92. United Arab Emirates
8.93. United Kingdom
8.94. United States of America
8.97. Western Sahara
9. Applicable law and dispute resolution
9.1. These terms are governed and interpreted in accordance with the legislation of Georgia. Any dispute arising out of or in connection with these Terms and Conditions, including any matter relating to their existence, operation or termination, shall be resolved by negotiation between the Parties.
9.2. If the agreement cannot be reached, the dispute shall be referred to the general courts of Georgia or to the permanent arbitration - LLC "Tbilisi Arbitration Institute" (ID No. 205273005). The claimant chooses the dispute resolution institution.
9.3. In the event of a dispute at the court or arbitration, any decision delivered in our favor, including the decision regarding the payment of money, shall be subject to immediate enforcement.
10.1. When You buy the GCW Token, You understand and agree to the following:
10.1.1. All the risk-factors described in these Terms and Conditions, our Whitepaper and on our Website;
10.1.3. The possibility that You might fully or partly lose the sum and/or digital asset(s) invested in GCWine;
10.1.4. We shall not buy back the GCW Token(s) You have bought;
10.1.5. You are informed about the gas fee accumulated while buying the token (i.e. the transfer of BNB) and You bear the risk of whether the amount of the mentioned gas fee will be large or small;
10.1.6. All the other provisions specified in these Terms and Conditions.
10.2. GCWine is entitled to contact third-party block explorers for the purpose of processing any transaction, although whether they respond to our request(s) is beyond our control.
10.3. These Terms and Conditions are available on GCWine’s Website in Georgian and English languages. In case of any inconsistencies between Georgian and English versions, the Georgian version shall prevail. Any inaccuracy or translation error in the English version should not be taken as valid and should be verified against the Georgian version.
10.4 This website is designed in Georgian and English languages. In case of any inconsistency between the language versions of the website, priority is given to the Georgian version. Any inaccuracy or translation error in the English version should not be taken as genuine and should be verified against the Georgian version
10.5. The provisions set forth in these Terms and Conditions constitute the final agreement and any prior agreement, whether written or oral, if applicable, shall have no effect.
10.6. If any part of these Terms and Conditions is declared void or invalid for any reason, this will not affect the validity of its remaining parts.