REPRESENTATIONS AND WARRANTIES BY YOU

 

By accessing and/or accepting possession of any information in this white paper or such part thereof (as the case may be), you represent and warrant to HCC and/or the Distributor as follows:

  • you agree and acknowledge that the tokens do not constitute securities in any form in any jurisdiction;
  • you agree and acknowledge that this white paper does not constitute a prospectus or offer document of any sort and is not intended to constitute an offer of securities in any jurisdiction or a solicitation for investment in securities and you are not bound to enter into any contract or binding legal commitment and no cryptocurrency or other form of payment is to be accepted on the basis of this white paper;
  • you agree and acknowledge that no regulatory authority has examined or approved of the information set out in this white paper, no action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction and the publication, distribution or dissemination of this white paper to you does not imply that the applicable laws, regulatory requirements or rules have been complied with;
  • you agree and acknowledge that this white paper, the undertaking and/or the completion of the HCL Initial Token Sale, or future trading of the tokens on any cryptocurrency exchange, shall not be construed, interpreted or deemed by you as an indication of the merits of the HCC and/or the Distributor, the tokens and the HCL Initial Token Sale (each as referred to in this white paper);
  • the distribution or dissemination of this white paper, any part thereof or any copy thereof, or acceptance of the same by you, is not prohibited or restricted by the applicable laws, regulations or rules in your jurisdiction, and where any restrictions in relation to possession are applicable, you have observed and complied with all such restrictions at your own expense and without liability to HCC and/or the Distributor;
  • you agree and acknowledge that in the case where you wish to purchase any tokens, the tokens are not to be construed, interpreted, classified or treated as:
    1. any kind of currency other than cryptocurrency;
    2. debentures, stocks or shares issued by any person or entity (whether HCC and/or the Distributor)
    3. rights, options or derivatives in respect of such debentures, stocks or shares;
    4. rights under a contract for differences or under any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss;
    5. units in a collective investment scheme;
    6. units in a business trust;
    7. derivatives of units in a business trust; or
    8. any other security or class of securities.
  • you are fully aware of and understand that you are not eligible to purchase any tokens if you are a citizen, resident (tax or otherwise) or green card holder of the United States of America or a citizen or resident of the Commonwealth of Australia; unless you are confirmed by an accountant that you are a Sophisticated Investor;
  • you have a basic degree of understanding of the operation, functionality, usage, storage, transmission mechanisms and other material characteristics of cryptocurrencies, blockchain-based software systems, cryptocurrency wallets or other related token storage mechanisms, blockchain technology and smart contract technology;
  • you are fully aware and understand that in the case where you wish to purchase any tokens, there are risks associated with HCC and the Distributor and their respective business and operations, the tokens, and the HCL Initial Token Sale (each as referred to in the white paper);
  • you agree and acknowledge that neither HCC nor the Distributor is liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with any acceptance of or reliance on this white paper or any part thereof by you; and
  • all of the above representations and warranties are true, complete, accurate and non- misleading from the time of your access to and/or acceptance of possession this white paper or such part thereof (as the case may be).

 

NOTES ON FORWARD-LOOKING STATEMENTS

 

All statements contained in this white paper, statements made in press releases or in any place accessible by the public and oral statements that may be made by HCC and/or the Distributor or their respective directors, executive officers or employees acting on behalf of HCC or the Distributor (as the case may be), that are not statements of historical fact, constitute “forward- looking statements”. Some of these statements can be identified by forward-looking terms such as “aim”, “target”, “anticipate”, “believe”, “could”, “estimate”, “expect”, “if”, “intend”, “may”, “plan”, “possible”, “probable”, “project”, “should”, “would”, “will” or other similar terms. However, these terms are not the exclusive means of identifying forward-looking statements. All statements regarding HCC’s and/or the Distributor’s financial position, business strategies, plans and prospects and the future prospects of the industry which HCC and/or the Distributor is in are forward-looking statements. These forward-looking statements, including but not limited to statements as to HCC’s and/or the Distributor’s revenue and profitability, prospects, future plans, other expected industry trends and other matters discussed in this white paper regarding HCC and/or the Distributor are matters that are not historical facts, but only predictions.

 

These forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual future results, performance or achievements of HCC and/or the Distributor to be materially different from any future results, performance or achievements expected, expressed or implied by such forward-looking statements.

 

These factors include, amongst others:

  1. changes in political, social, economic and stock or cryptocurrency market conditions, and the regulatory environment in the countries in which HCC and/or the Distributor conducts its respective businesses and operations;
  2. the risk that HCC and/or the Distributor may be unable or execute or implement their respective business strategies and future plans;
  3. changes in interest rates and exchange rates of fiat currencies and cryptocurrencies;
  4. changes in the anticipated growth strategies and expected internal growth of HCC and/or the Distributor;
  5. changes in the availability and fees payable to HCC and/or the Distributor in connection with their respective businesses and operations;
  6. changes in the availability and salaries of employees who are required by HCC and/or the Distributor to operate their respective businesses and operations;
  7. changes in preferences of customers of HCC and/or the Distributor;
  8. changes in competitive conditions under which HCC and/or the Distributor operate, and the ability of HCC and/or the Distributor to compete under such conditions;
  9. changes in the future capital needs of HCC and/or the Distributor and the availability of financing and capital to fund such needs;
  10. war or acts of international or domestic terrorism;
  11. occurrences of catastrophic events, natural disasters and acts of God that affect the businesses and/or operations of HCC and/or the Distributor;
  12. other factors beyond the control of HCC and/or the Distributor; and
  13. any risk and uncertainties associated with HCC and/or the Distributor and their businesses and operations, the tokens, and the HCL Initial Token Sale (each as referred to in the white paper).

All forward-looking statements made by or attributable to HCC and/or the Distributor or persons acting on behalf of HCC and/or the Distributor are expressly qualified in their entirety by such factors. Given that risks and uncertainties that may cause the actual future results, performance or achievements of HCC and/or the Distributor to be materially different from that expected, expressed or implied by the forward-looking statements in this white paper, undue reliance must not be placed on these statements. These forward-looking statements are applicable only as of the date of this white paper. Neither HCC, the Distributor nor any other person represents, warrants and/or undertakes that the actual future results, performance or achievements of HCC and/or the Distributor will be as discussed in those forward-looking statements. The actual results, performance or achievements of HCC and/or the Distributor may differ materially from those anticipated in these forward- looking statements.

 

Nothing contained in this white paper is or may be relied upon as a promise, representation or undertaking as to the future performance or policies of HCC and/or the Distributor. Further, HCC and/or the Distributor disclaim any responsibility to update any of those forward- looking statements or publicly announce any revisions to those forward-looking statements to reflect future developments, events or circumstances, even if new information becomes available or other events occur in the future.

 

MARKET AND INDUSTRY INFORMATION AND NO CONSENT OF OTHER PERSONS

 

This white paper includes market and industry information and forecasts that have been obtained from internal surveys, reports and studies, where appropriate, as well as market research, publicly available information and industry publications. Such surveys, reports, studies, market research, publicly available information and publications generally state that the information that they contain has been obtained from sources believed to be reliable, but there can be no assurance as to the accuracy or completeness of such included information.

 

Save for HCC, the Distributor and their respective directors, executive officers and employees, no person has provided his or her consent to the inclusion of his or her name and/or other information attributed or perceived to be attributed to such person in connection therewith in this white paper and no representation, warranty or undertaking is or purported to be provided as to the accuracy or completeness of such information by such person and such persons shall not be obliged to provide any updates on the same.

While HCC and/or the Distributor have taken reasonable actions to ensure that the information is extracted accurately and in its proper context, HCC and/or the Distributor have not conducted any independent review of the information extracted from third party sources, verified the accuracy or completeness of such information or ascertained the underlying economic assumptions relied upon therein. Consequently, neither HCC, the Distributor, nor their respective directors, executive officers and employees acting on their behalf makes any representation or warranty as to the accuracy or completeness of such information and shall not be obliged to provide any updates on the same

 

TERMS USED

 

To facilitate a better understanding of the tokens being offered for purchase by the Distributor, and the businesses and operations of HCC and/or the Distributor, certain technical terms and abbreviations, as well as, in certain instances, their descriptions, have been used in this white paper. These descriptions and assigned meanings should not be treated as being definitive of their meanings and may not correspond to standard industry meanings or usage.

 

Words importing the singular shall, where applicable, include the plural and vice versa and words importing the masculine gender shall, where applicable, include the feminine and neuter genders and vice versa. References to persons shall include corporations.

 

NO ADVICE

 

No information in this white paper should be considered to be business, legal, financial or tax advice regarding HCC, the Distributor, the tokens, and the HCL Initial Token Sale (each as referred to in the white paper). You should consult your own legal, financial, tax or other professional adviser regarding HCC and/or the Distributor and their respective businesses and operations, the tokens, and the HCL Initial Token Sale (each as referred to in the white paper). You should be aware that you may be required to bear the financial risk of any purchase of tokens for an indefinite period of time.

 

NO FURTHER INFORMATION OR UPDATE

 

No person has been or is authorised to give any information or representation not contained in this white paper in connection with HCC and/or the Distributor and their respective businesses and operations, the tokens and the HCL Initial Token Sale (each as referred to in the white paper) and, if given, such information or representation must not be relied upon as having been authorised by or on behalf of HCC and/or the Distributor. The HCC Initial Token Sale (as referred to in the white paper) shall not, under any circumstances, constitute a continuing representation or create any suggestion or implication that there has been no change, or development reasonably likely to involve a material change in the affairs, conditions and prospects of HCC and/or the Distributor or in any statement of fact or information contained in this white paper since the date hereof.

 

RESTRICTIONS ON DISTRIBUTION AND DISSEMINATION

 

The distribution or dissemination of this white paper or any part thereof may be prohibited or restricted by the laws, regulatory requirements and rules of any jurisdiction. In the case where any restriction applies, you are to inform yourself about, and to observe, any restrictions which are applicable to your possession of this white paper or such part thereof (as the case may be) at your own expense and without liability to HCC and/or the Distributor.

 

Persons to whom a copy of this white paper has been distributed or disseminated, provided access to or who otherwise have the white paper in their possession shall not circulate it to any other persons, reproduce or otherwise distribute this white paper or any information contained herein for any purpose whatsoever nor permit or cause the same to occur.

 

You are not eligible to purchase any tokens in the HCL Initial Token Sale (as referred to in this white paper) if you are a citizen, resident (tax or otherwise) or green card holder of the United States of America or a citizen or resident of the Commonwealth of Australia. .

 

No regulatory authority has examined or approved of any of the information set out in this white paper. No such action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction. The publication, distribution or dissemination of this white paper does not imply that the applicable laws, regulatory requirements or rules have been complied with.

 

RISKS AND UNCERTAINTIES

 

Prospective purchasers of tokens (as referred to in this white paper) should carefully consider and evaluate all risks and uncertainties associated with HCC, the Distributor and their respective businesses and operations, the tokens and the HCL Initial Token Sale (each as referred to in the white paper), all information set out in this white paper and the T&Cs prior to any purchase of tokens. If any of such risks and uncertainties develops into actual events, the business, financial condition, results of operations and prospects of HCC and/or the Distributor could be materially and adversely affected. In such cases, you may lose all or part of the value of the tokens.