EFFECTIVE: October 30, 2024
THE TERMS OF USE CONTAINED HEREIN (THESE “TERMS”) GOVERN YOUR USE OF THE $GOIL SMART CONTRACT, WHICH IS A DECENTRALIZED SMART CONTRACT ON THE ETHEREUM BLOCKCHAIN (THE “GOIL CONTRACT”) AND OF THE SITE (AS DEFINED BELOW).
TTHE GOIL CONTRACT IS A DECENTRALIZED SMART CONTRACT INTO WHICH PARTICIPANTS CAN DEPOSIT CRYPTOCURRENCIES, IN EXCHANGE FOR WHICH THE GOIL CONTRACT WILL ISSUE A CRYPTOCURRENCY NAMED “GOIL COIN” (THE “GOIL COIN”) AT A DESIGNATED TIME. THE RATIO BETWEEN FUNDS DEPOSITED INTO THE GOIL CONTRACT AND THE NUMBER OF GOIL COINS THAT WILL BE ISSUED IS SET FORTH AT www.goisrael.io/buysection. THE RATE MAY CHANGE OVER TIME. NOTE THAT NO REFUNDS WILL BE ISSUED FOR ANY OVER-PAYMENT.
WWW.GOISRAEL.IO (THE “SITE”) IS A WEBSITE THAT PROVIDES INFORMATION AND HOSTS A USER INTERFACE (THE “INTERFACE”) TO THE GOIL CONTRACT. THE SITE IS NOT THE GOIL CONTRACT AND HAS NO CONTROL OVER THE GOIL CONTRACT.
THE DESCRIPTION OF THE INTENDED USES OF THE FUNDS DEPOSITED INTO THE GOIL CONTRACT AND THE DESCRIPTION OF THE GOIL COIN ARE LOCATED AT: www.goisrael.io/who_goil and www.goisrael.io/token_section.
PLEASE READ THESE TERMS CAREFULLY, INCLUDING ALL DISCLAIMERS AND RISK FACTORS, BEFORE CONNECTING YOUR WALLET OR INTERACTING WITH OR USING THE GOIL CONTRACT. BY CONNECTING YOUR WALLET OR INTERACTING WITH OR USING THE GOIL CONTRACT, YOU ARE IRREVOCABLY CONSENTING TO BE BOUND BY THESE TERMS.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CONNECT YOUR WALLET OR INTERACT WITH OR USE THE GOIL CONTRACT. YOUR RIGHT TO INTERACT WITH OR USE THE GOIL CONTRACT IS SUBJECT TO, AND DEPENDENT UPON, YOUR AGREEMENT TO ALL TERMS AND CONDITIONS SET FORTH HEREIN, WHICH AGREEMENT SHALL BE EVIDENCED BY YOUR CONNECTING YOUR WALLET OR INTERACTING WITH OR USING THE GOIL CONTRACT.
Minors Prohibited: The Goil Contract is not directed to individuals under the age of eighteen (18) or the age of majority in your jurisdiction if the age of majority is greater. If you are under the age of eighteen or the age of majority (if greater), you are not authorized to access or use the Goil Contract. By interacting with or using the Goil Contract, you represent and warrant that you are above such age.
Please be advised that these Terms contain provisions, including an Agreement to Arbitrate, that govern how claims that you may have or assert relating to the Site, Interface and/or GOIL Contract or the use thereof or these Terms are resolved, which will require the parties to submit claims they may have against one another to binding and final arbitration. Under the Agreement to Arbitrate, the parties will (1) only be permitted to pursue claims against each other on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Below is a summary of important items relating to these Terms and the GOIL Contract. This summary is provided for convenience only and does not replace, detract from or limit the full text of the Terms or your obligation read the entire text thoroughly.
Control over the GOIL Contract will be decided by the decentralized governance mechanism of the GOIL Coins. Such governance mechanism may make changes to the GOIL Contract from time to time, with or without notice, in its sole discretion. You are responsible for monitoring any communications or announcements regarding such changes, updates or upgrades, and ensuring that any continued use of the GOIL Contract meets your needs and requirements.
By purchasing GOIL Coins, you will become a participant in a decentralized organization or decentralized autonomous organization, commonly referred to as a “DAO”. It is your sole responsibility to familiarize yourself with the implications of holding a cryptocurrency that is part of a DAO.
By utilizing the Interface and interacting with the GOIL Contract, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of cryptographic tokens, digital assets, digital wallets, blockchains and other distributed and decentralized systems, and smart contracts. In particular, you are aware and recognize that any transactions conducted on a blockchain cannot be undone or reversed.
The Site may contain information regarding the GOIL Contract or particular instances of the GOIL Contract. Such information is provided for informational purpose only, without any representation or warranty. The owners of the Site do not assume any responsibility or liability for the accuracy or inaccuracy of any such information. Before acting upon or making any decisions on the basis of such information, you are responsible to independently verify such information.
The software code underlying the GOIL Contract is open source. Therefore, all information regarding the operation, logic and functioning of the GOIL Contract is publicly available. Before interacting with the GOIL Contract or depositing any funds within the GOIL Contract, it is your sole responsibility to conduct such checks regarding such software code as you deem appropriate, in order to understand its functionality and manner of operation. Since all such information is publicly available and your obligation to ascertain, no other party, including the creators of the GOIL Contract and the registered owners of the Site, have any responsibility or liability towards you or regarding the consequences of your use of, and interaction with, the GOIL Contract.
The funds that you deposit in the GOIL Contract will not bear interest.
The governance mechanism of the GOIL Coins will determine the use of the treasury funds of the GOIL Contract. Therefore, there can be no assurance or guaranty that the funds will be used for the purposes stated on the Site. The governance mechanism may make any decision that the GOIL Coin holders determine.
Hackers or malicious actors may launch attacks to steal, compromise, or secure cryptocurrencies, such as by attacking the GOIL Contract, applicable blockchain network source code, exchange servers, third-party platforms, cold and hot storage locations or software, or cryptocurrencies transaction history, or by other means. The GOIL Contract may become an appealing target of hackers, malware, cyber-attacks or other security threats. The foregoing may result in the loss or stealing of all or part of the cryptocurrencies deposited in the GOIL Contract treasury. Any such loss will be irretrievable and may materially and adversely impact the ability of the GOIL Contract to fulfill its intended purpose.
The GOIL Contract and blockchain networks are decentralized open source systems and may still under active development, and therefore: (a) may contain bugs, errors and defects, (b) may function improperly or be subject to periods of downtime and unavailability, (c) may result in total or partial loss or corruption of cryptocurrencies deposited within them and/or data, (d) may be modified at any time, including through the release of subsequent versions, all with or without notice to you, or (e) may have security vulnerabilities and be subject to hacking. Neither the creators of the GOIL Contract nor the registered owners of the Site will be liable or responsible for any losses or damages to you, including without limitation any loss of funds deposited in the GOIL Contract, as a result of any of the foregoing.
There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result in the termination of your use of the Site and/or Interface and may also expose you to civil and/or criminal liability.
You may not (and you may not permit anyone to): (a) use the Site and/or the Interface for any illegal, immoral, unlawful and/or unauthorized purposes; (b) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (c) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (d) bypass any measures we may use to prevent or restrict access to the Site and/or the Interface; (e) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the Interface; or (f) frame or mirror any part of the Site or Interface.
The Interface may not be available or appropriate for use in certain jurisdictions. By accessing or using the Interface, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. You may not use the Interface if you are a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions of the United States, European Union, United Kingdom or Israel, or if your use of the Interface would be illegal or otherwise violate any applicable law. You may not use the Interface in connection with or which would involve proceeds of any unlawful activity.
You are solely responsible for all tax reporting regarding any transactions involving the GOIL Contract and GOIL Coins.
The Site does not collect or store any of your personally identifiable data.
The Site’s and the Interface’s availability and functionality depends on various factors, such as communication networks. We do not warrant or guarantee that the Site and/or Interface will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site and/or the Interface (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Interface. You hereby agree that we are not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE INTERFACE AND THE GOIL CONTRACT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND THE CREATORS OF THE GOIL CONTRACT AND REGISTERED OWNERS OF THE SITE, DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE OR THAT THE GOIL CONTRACT OR THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITE, THE INTERFACE AND/OR THE GOIL CONTRACT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE OR THE INTERFACE, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR INTERFACE AND/OR GOIL CONTRACT (INCLUDING THAT THE RESULTS OF USING THE SITE AND/OR INTERFACE AND/OR GOIL CONTRACT WILL MEET YOUR REQUIREMENTS). CREATORS OF THE GOIL CONTRACT AND REGISTERED OWNERS OF THE SITE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND THE INTERFACE AND THE GOIL CONTRACT, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE AND THE INTERFACE AND THE GOIL CONTRACT, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE OR THE INTERFACE OR THE GOIL CONTRACT.
CREATORS OF THE GOIL CONTRACT AND REGISTERED OWNERS OF THE SITE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
YOU AGREE THAT USE OF THE SITE, THE INTERFACE AND/OR THE GOIL CONTRACT IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL THE CREATORS OF THE GOIL CONTRACT AND REGISTERED OWNERS OF THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE, THE INTERFACE AND/OR THE GOIL CONTRACT, AND/OR THE FAILURE OF THE SITE, THE INTERFACE AND/OR THE GOIL CONTRACT TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF THE CREATORS OF THE GOIL CONTRACT AND REGISTERED OWNERS OF THE SITE TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF THE CREATORS OF THE GOIL CONTRACT AND REGISTERED OWNERS OF THE SITE BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER THE CREATORS OF THE GOIL CONTRACT AND REGISTERED OWNERS OF THE SITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE CREATORS OF THE GOIL CONTRACT AND REGISTERED OWNERS OF THE SITE TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, THE INTERFACE AND/OR THE GOIL CONTRACT SHALL BE LIMITED TO $US 1.00. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, LOSS OF FUNDS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM THE CREATORS OF THE GOIL CONTRACT AND REGISTERED OWNERS OF THE SITE.
You expressly agree that you assume all risks in connection with your access and use of the Site and the Interface and your interaction with the GOIL Contract. You further expressly waive and release the creators of the GOIL Contract and the registered owners of the Site from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Site and Interface and your interaction with the GOIL Contract. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, which provides: “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Any claim relating to the Site, the Interface or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied.
All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The arbitration will be conducted in the English language and held by teleconference or, if teleconference is not possible, in the State of Israel (the “Agreement to Arbitrate”).
You must bring any and all claims or disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration.
You and we both agree to waive the right to demand a trial by jury.
Notwithstanding the foregoing, the creators of the GOIL Contract and the registered owners of the Site may seek injunctive relief in any court of competent jurisdiction.
The creators of the GOIL Contract and the registered owners of the Site are each an express third party beneficiary of the portion of these Terms that pertain to it, and in particular the risk factors, disclaimer of warranties, limitation of liability and Agreement to Arbitrate, and shall be entitled to exercise all rights, waivers, limitations and benefits afforded to it hereunder as if it were an original party to these Terms.
(a) These Terms constitute the entire terms and conditions relating to the subject matter herein, (b) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (c) no waiver by any party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, (d) any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (e) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE, THE INTERFACE AND THE GOIL CONTRACT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (f) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (g) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, and the parties agree that all correspondence relating to these Terms shall be written and in the English language.
Last updated: October 24, 2024