Last Updated: 04/10/24
Please read these Terms of Service (the “Terms”) and our Privacy Notice (https://karratcoin.com/privacy-policy) (“Privacy Notice”) carefully because they govern your use of the website located at karratcoin.com
(the “Site”) offered by Karrat Foundation (“Karrat Foundation”). To make these Terms easier to
read, the Site and our services are collectively called the “Services.”
NOTICE ON PROHIBITED USE – RESTRICTED PERSONS: THE SERVICES ARE NOT
OFFERED TO AND MAY NOT BE USED BY:
PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE
INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY,
AS DEFINED BELOW (EACH SUCH PERSON OR ENTITY FROM A RESTRICTED
TERRITORY, A “RESTRICTED PERSON”).
WE DO NOT MAKE EXCEPTIONS. THEREFORE, IF YOU ARE A RESTRICTED PERSON, DO
NOT ATTEMPT TO USE THE SERVICES. USE OF A VIRTUAL PRIVATE NETWORK (“VPN”)
OR ANY OTHER SIMILAR MEANS INTENDED TO CIRCUMVENT THE RESTRICTIONS SET
FORTH HEREIN IS PROHIBITED.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE
TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY
DISPUTE BETWEEN YOU AND KARRAT FOUNDATION THROUGH BINDING,
INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW
CAREFULLY SECTION 14 “DISPUTE RESOLUTION” BELOW FOR DETAILS
REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A
JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES,
THE AGREEMENT TO ARBITRATE IN SECTION 14 WILL NOT APPLY TO YOU BUT
THE PROVISIONS OF SECTION 13 (GOVERNING LAW AND FORUM CHOICE) WILL
APPLY INSTEAD.
1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you
don’t agree to be bound by these Terms, do not use the Services.
2. Privacy Notice. Please review our Privacy Notice, which also governs your use of the
Services, for information on how we collect, use and share your information.
3. Changes to these Terms or the Services. We may update the Terms from time to time in our
sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Who May Use the Services? You may use the Services only if you are 18 years or older and
capable of forming a binding contract with Karrat Foundation, and not otherwise barred from using the Services under applicable law. In order to protect the integrity of the Services, we reserve the right, at any time, in our sole discretion, to block access to the Services from certain IP addresses and unique device identifiers. For the purposes of the Terms, “Restricted Territory” means Cuba, Iran, North Korea, Syria, the Crimea, Donetsk People’s Republic and Luhansk People’s Republic regions of Ukraine, and any other country to which the United States embargoes goods or imposes similar sanctions.
5. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for
improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
6. Karrat Foundation’s Intellectual Property. We may make available through the Services
content that is subject to intellectual property rights. We retain all rights to that content.
7. General Prohibitions and Karrat Foundation’s Enforcement Rights. You agree not to do
any of the following:
(a) Use, display, mirror or frame the Services or any individual element within the
Services, Karrat Foundation’s name, any Karrat Foundation trademark, logo or other
proprietary information, or the layout and design of any page or form contained on a page,
without Karrat Foundation’s express written consent;
(b) Access, tamper with, or use non-public areas of the Services, Karrat Foundation’s
computer systems, or the technical delivery systems of Karrat Foundation’s providers;
(c) Attempt to probe, scan or test the vulnerability of any Karrat Foundation system or
network or breach any security or authentication measures;
(d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any
technological measure implemented by Karrat Foundation or any of Karrat Foundation’s
providers or any other third party (including another user) to protect the Services;
(e) Attempt to access or search the Services or download content from the Services using
any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers,
data mining tools or the like) other than the software and/or search agents provided by Karrat
Foundation or other generally available third-party web browsers;
(f) Use any meta tags or other hidden text or metadata utilizing a Karrat Foundation
trademark, logo, URL or product name without Karrat Foundation’s express written consent;
(g) Forge any TCP/IP packet header or any part of the header information in any email or
newsgroup posting, or in any way use the Services to send altered, deceptive or false source-
identifying information;
(h) Attempt to decipher, decompile, disassemble or reverse engineer any of the software
used to provide the Services;
(i) Interfere with, or attempt to interfere with, the access of any user, host or network,
including, without limitation, sending a virus, overloading, flooding, spamming, or mail-
bombing the Services;
(j) Collect or store any personally identifiable information from the Services from other
users of the Services without their express permission;
(k) Violate any applicable law or regulation; or
(l) Encourage or enable any other individual to do any of the foregoing.
Karrat Foundation is not obligated to monitor access to or use of the Services. We have the right to
investigate violations of these Terms or conduct that affects the Services. We may also consult and
cooperate with law enforcement authorities to prosecute users who violate the law.
8. Links to Third Party Websites or Resources. The Services may allow you to access third-
party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such
websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any
third-party resources.
9. Termination. We may suspend or terminate your access to and use of the Services, including
suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at info@karratcoin.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6, 7, 8, 9, 10, 11 and 12.
10. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT
WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY
DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY
WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no
warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness,
completeness or reliability of any information or content on the Services.
11. Indemnity. You will indemnify and hold Karrat Foundation and its officers, directors,
employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, or (b) your violation of these Terms.
12. Limitation of Liability.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER KARRAT
FOUNDATION NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS
OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION,
COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE
SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE
TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KARRAT
FOUNDATION OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL
KARRAT FOUNDATION’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION
WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES
EXCEED ONE HUNDRED DOLLARS ($100).
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
KARRAT FOUNDATION AND YOU.
13. Governing Law and Forum Choice. These Terms and any action related thereto will be
governed by the laws of the Cayman Islands, without regard to its conflict of laws provisions. Except
as otherwise expressly set forth in Section 14 “Dispute Resolution,” the exclusive jurisdiction for all
Disputes (defined below) that you and Karrat Foundation are not required to arbitrate will be the courts located in the Cayman Islands, and you and Karrat Foundation each waive any objection to jurisdiction and venue in such courts.
14. Dispute Resolution.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or
controversy arising out of or relating to these Terms or the breach, termination, enforcement,
interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be
resolved solely by binding, individual arbitration and not in a class, representative or
consolidated action or proceeding. You and Karrat Foundation agree that the Arbitration Act
(as amended) of the Cayman Islands governs the interpretation and enforcement of these
Terms, and that you and Karrat Foundation are each waiving the right to a trial by jury or to
participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions. As a limited exception to Section 14(a) above, we each retain the right to
seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or
misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the
Cayman International Mediation and Arbitration Centre (CI-MAC) under its Arbitration Rules.
The CI-MAC Arbitration Rules are available at https://www.caymanarbitration.com/.
Any arbitration hearings will take place in the county (or parish) where you live, unless we
both agree to a different location. The parties agree that the arbitrator shall have exclusive
authority to decide all issues relating to the interpretation, applicability, enforceability and
scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be
governed by the CI-MAC, and we won’t seek to recover the administration and arbitrator fees
we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail
in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and
expenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as provided in Section 14(b) above, the
arbitrator shall determine all issues of liability on the merits of any claim asserted by either
party and may award declaratory or injunctive relief only in favor of the individual party
seeking relief and only to the extent necessary to provide relief warranted by that party’s
individual claim. To the extent that you or we prevail on a claim and seek public injunctive
relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful
acts that threaten future injury to the public), the entitlement to and extent of such relief must
be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree
that litigation of any issues of public injunctive relief shall be stayed pending the outcome of
the merits of any individual claims in arbitration.
(f) Class Action Waiver. YOU AND KARRAT FOUNDATION AGREE THAT EACH
MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the
parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another
person’s claims with your claims, and may not otherwise preside over any form of a
representative or class proceeding. If this specific provision is found to be unenforceable, then
the entirety of this Dispute Resolution section shall be null and void.
(g) Severability. With the exception of any of the provisions in Section 14(f) of these
Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that
any part of these Terms is invalid or unenforceable, the other parts of these Terms will still
apply.
15. General Terms.
(a) Reservation of Rights. Karrat Foundation and its licensors exclusively own all right,
title and interest in and to the Services, including all associated intellectual property rights. You
acknowledge that the Services are protected by copyright, trademark, and other laws of the
Cayman Islands and foreign countries. You agree not to remove, alter or obscure any copyright,
trademark, service mark or other proprietary rights notices incorporated in or accompanying the
Services.
(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and
agreement between Karrat Foundation and you regarding the Services, and these Terms
supersede and replace all prior oral or written understandings or agreements between Karrat
Foundation and you regarding the Services. If any provision of these Terms is held invalid or
unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be
enforced to the maximum extent permissible and the other provisions of these Terms will
remain in full force and effect. Except where provided by applicable law in your jurisdiction,
you may not assign or transfer these Terms, by operation of law or otherwise, without Karrat
Foundation’s prior written consent. Any attempt by you to assign or transfer these Terms
absent our consent or your statutory right, without such consent, will be null. Karrat Foundation
may freely assign or transfer these Terms without restriction. Subject to the foregoing, these
Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(c) Notices. Any notices or other communications provided by Karrat Foundation under
these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by
email, the date of receipt will be deemed the date on which such notice is transmitted.
(d) Waiver of Rights. Karrat Foundation’s failure to enforce any right or provision of these
Terms will not be considered a waiver of such right or provision. The waiver of any such right
or provision will be effective only if in writing and signed by a duly authorized representative
of Karrat Foundation. Except as expressly set forth in these Terms, the exercise by either party
of any of its remedies under these Terms will be without prejudice to its other remedies under
these Terms or otherwise.
16. Contact Information. If you have any questions about these Terms or the Services, please
contact Karrat Foundation at info@karratcoin.com.