Disclaimer
PLEASE READ THE ENTIRETY OF THIS "DISCLAIMER" SECTION CAREFULLY. NOTHING HEREIN CONSTITUTES LEGAL, FINANCIAL, BUSINESS OR TAX ADVICE AND YOU ARE STRONGLY ADVISED TO CONSULT YOUR OWN LEGAL, FINANCIAL, TAX OR OTHER PROFESSIONAL ADVISOR(S) BEFORE ENGAGING IN ANY ACTIVITY IN CONNECTION HEREWITH. NEITHER DIVERSIFI TECHNOLOGIES LTD (THE COMPANY), ANY OF THE PROJECT CONTRIBUTORS (THE KIMA TEAM) WHO HAVE WORKED ON KIMA (AS DEFINED HEREIN) OR PROJECT TO DEVELOP KIMA IN ANY WAY WHATSOEVER, ANY DISTRIBUTOR AND/OR VENDOR OF $KIMA TOKENS (OR SUCH OTHER RE-NAMED OR SUCCESSOR TICKER CODE OR NAME OF SUCH TOKENS) (THE DISTRIBUTOR), NOR ANY SERVICE PROVIDER SHALL BE LIABLE FOR ANY KIND OF DIRECT OR INDIRECT DAMAGE OR LOSS WHATSOEVER WHICH YOU MAY SUFFER IN CONNECTION WITH ACCESSING THE PAPER, DECK OR MATERIAL RELATING TO $KIMA (THE TOKEN DOCUMENTATION) AVAILABLE ON THE WEBSITE AT HTTPS://WWW.KIMA.NETWORK/ (THE WEBSITE, INCLUDING ANY SUB-DOMAINS THEREON) OR ANY OTHER WEBSITES OR MATERIALS PUBLISHED OR COMMUNICATED BY THE COMPANY OR ITS REPRESENTATIVES FROM TIME TO TIME.
This document is created by Kima for educational and informational purposes only. The contents of this document are not a financial promotion. None of the information or analyses presented are intended to form the basis for any investment decision and no specific recommendations are intended. Therefore, none of the contents of this document serve as an invitation or inducement to engage in any sort of investment activity. This document is not intended to be a prospectus, solicitation, inducement or oering for investment or the sale or issuance of securities or any interests or assets.
By accessing the Token Documentation or the Website (or any part thereof), you shall be deemed to represent and warrant to the Company, the Distributor, their respective affiliates, and the Kima team as follows:
(a) in any decision to acquire any $KIMA, you have not relied and shall not rely on any statement set out in the Token Documentation or the Website;
(b) you shall at your own expense ensure compliance with all laws, regulatory requirements and restrictions applicable to you (as the case may be);
(c) you acknowledge, understand and agree that $KIMA may have no value, there is no guarantee or representation of value or liquidity for $KIMA, and $KIMA is not an investment product nor is it intended for any speculative investment whatsoever;
(d) none of the Company, the Distributor, their respective affiliates, and/or the Kima team shall be responsible for or liable for the value of $KIMA, the transferability and/or liquidity of $KIMA and/or the availability of any market for $KIMA through third parties or otherwise; and
(e) you acknowledge, understand and agree that you are not eligible to participate in the distribution of $KIMA if you are a citizen, national, resident (tax or otherwise), domiciliary and/or green card or permanent visa holder of a geographic area or country (i) where it is likely that the distribution of $KIMA would be construed as the sale of a security (howsoever named), financial service or investment product and/or (ii) where participation in token distributions is prohibited by applicable law, decree, regulation, treaty, or administrative act (including without limitation the United States of America, Canada, and the People's Republic of China); and to this effect you agree to provide all such identity verification document when requested in order for the relevant checks to be carried out.
The Company, the Distributor and the Kima team do not and do not purport to make, and hereby disclaims, all representations, warranties or undertaking to any entity or person (including without limitation warranties as to the accuracy, completeness, timeliness, or reliability of the contents of the Token Documentation or the Website, or any other materials published by the Company or the Distributor). To the maximum extent permitted by law, the Company, the Distributor, their respective affiliates and service providers shall not be liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including, without limitation, any liability arising from default or negligence on the part of any of them, or any loss of revenue, income or profits, and loss of use or data) arising from the use of the Token Documentation or the Website, or any other materials published, or its contents (including without limitation any errors or omissions) or otherwise arising in connection with the same. Prospective acquirors of $KIMA should carefully consider and evaluate all risks and uncertainties (including financial and legal risks and uncertainties) associated with the distribution of $KIMA, the Company, the Distributor and the Kima team.
$KIMA is a functional multi-utility token which will be used as the medium of exchange between participants on Kima in a decentralised manner. The goal of introducing $KIMA is to provide a convenient and secure mode of payment and settlement between participants who interact within the ecosystem on Kima without any intermediaries such as centralised third party entity/institution/credit. It is not, and not intended to be, a medium of exchange accepted by the public (or a section of the public) as payment for goods or services or for the discharge of a debt; nor is it designed or intended to be used by any person as payment for any goods or services whatsoever that are not exclusively provided by the issuer. $KIMA does not in any way represent any shareholding, ownership, participation, right, title, or interest in the Company, the Distributor, their respective affiliates, or any other company, enterprise or undertaking, nor will $KIMA entitle token holders to any promise of fees, dividends, revenue, profits or investment returns, and are not intended to constitute securities in the British Virgin Islands, Singapore or any relevant jurisdiction. $KIMA may only be utilised on Kima, and ownership of the same carries no rights, express or implied, other than the right to use $KIMA as a means to enable usage of and interaction within Kima. The secondary market pricing of $KIMA is not dependent on the effort of the Kima team, and there is no token functionality or scheme designed to control or manipulate such secondary pricing.
Further, $KIMA provides the economic incentives which will be distributed to encourage users to exert efforts towards contribution and participation in the ecosystem on Kima, thereby creating a mutually beneficial system where every participant is fairly compensated for its efforts. $KIMA is an integral and indispensable part of Kima, because without $KIMA, there would be no incentive for users to expend resources to participate in activities or provide services for the benefit of the ecosystem. Given that additional $KIMA will be awarded to a user based only on its actual usage, activity and efforts made on Kima and/or proportionate to the frequency and volume of transactions, users of Kima and/or holders of $KIMA which did not actively participate will not receive any $KIMA incentives.
$KIMA are designed to be utilised, and that is the goal of the $KIMA distribution. In particular, it is highlighted that $KIMA:
(a) does not have any tangible or physical manifestation, and does not have any intrinsic value/pricing (nor does any person make any representation or give any commitment as to its value);
(b) is non-refundable, not redeemable for any assets of any entity or organisation, and cannot be exchanged for cash (or its equivalent value in any other digital asset) or any payment obligation by the Company, the Distributor or any of their respective affiliates;
(c) does not represent or confer on the token holder any right of any form with respect to the Company, the Distributor (or any of their respective affiliates), or their revenues or assets, including without limitation any right to receive future dividends, revenue, shares, ownership right or stake, share or security, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property or licence rights), right to receive accounts, financial statements or other financial data, the right to requisition or participate in shareholder meetings, the right to nominate a director, or other financial or legal rights or equivalent rights, or intellectual property rights or any other form of participation in or relating to Kima, the Company, the Distributor and/or their service providers;
(d) is not intended to represent any rights under a contract for differences or under any other contract the purpose or intended purpose of which is to secure a profit or avoid a loss;
(e) is not intended to be a representation of money (including electronic money), payment instrument, security, commodity, bond, debt instrument, unit in a collective investment or managed investment scheme or any other kind of financial instrument or investment;
(f) is not a loan to the Company, the Distributor or any of their respective affiliates, is not intended to represent a debt owed by the Company, the Distributor or any of their respective affiliates, and there is no expectation of profit nor interest payment; and
(g) does not provide the token holder with any ownership or other interest in the Company, the Distributor or any of their respective affiliates.
Notwithstanding the $KIMA distribution, users have no economic or legal right over or beneficial interest in the assets of the Company, the Distributor, or any of their affiliates after the token distribution.
For the avoidance of doubt, neither the Company nor the Distributor deals in, or is in the business of buying or selling any virtual asset or digital payment token (including $KIMA). Any sale or distribution of tokens would be performed during a restricted initial period solely for the purpose of obtaining project development funds, raising market/brand awareness, as well as community building and social engagement; this is not conducted with any element of repetitiveness or regularity which would constitute a business.
To the extent a secondary market or exchange for trading $KIMA does develop, it would be run and operated wholly independently of the Company, the Distributor, the distribution of $KIMA and Kima. Neither the Company nor the Distributor will create such secondary markets nor will either entity act as an exchange for $KIMA.
The information in this document is given in good faith, but no warranties, guarantees or representations are made by Kima with regard to the accuracy, completeness or suitability of the information presented. Kima expressly disclaims any and all responsibility, and Recipients expressly waive any claim, for any direct or consequential loss or damages of any kind whatsoever (whether foreseeable or not) arising directly or indirectly from: (i) reliance on any information contained in this document or any information which is made available in connection with any further inquiries, (ii) any error, omission, or inaccuracy in any such information, (iii) any action resulting therefrom or (iv) usage or acquisition of products. This disclaimer applies notwithstanding any negligence, default or lack of care. Kima may update, modify or correct this document at its sole discretion, without notice or incurring any obligation or liability to any recipient hereof. This document is strictly confidential and intended to be viewed exclusively by those recipients (“Recipient/s”) specifically authorized by Kima. This document shall not bind, convey any rights, obligations, terms, performance, covenants, representations or warranties on behalf of Kima to Recipient, or create any relationship between Kima and any Recipient or any other party.
Nothing in the Token Documentation or the Website constitutes any offer by the Company, the Distributor, or the Kima team to sell any $KIMA (as defined herein) nor shall it or any part of it nor the fact of its presentation form the basis of, or be relied upon in connection with, any contract or investment decision. Nothing contained in the Token Documentation or the Website is or may be relied upon as a promise, representation or undertaking as to the future performance of Kima. The agreement between the Distributor (or any third party) and you, in relation to any distribution or transfer of $KIMA, is to be governed only by the separate terms and conditions of such agreement.
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