Terms and Conditions
General Terms & Conditions (GTC)
Carchain Srl, with registered office in Via San Vito, 9 (34124) Trieste (TS), VAT number IT01349320323 ("Carchain", "we", or "us") is the owner of the websites www.thecarchain.com, www.carchainclassics.com, www.carchain.it, and www.carchain.es and the specially-developed smart contracts ("Site") through which (i) users, professionals and consumers, can publish their advertisements, download a dynamic QR code for vehicles offered for sale, own, update, and transfer unique digital vehicles, and certify or verify documents, and (ii) potential buyers can search for the desired vehicle on all the sites of the group or when scanning a Dynamic QR code and can contact the user who has published the 'announcement of sale, through the appropriate contact form or the contact data entered by the seller on the Site.
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General Terms and Conditions (GTC) for consumers
1. CONDITIONS GOVERNING THE RELATIONSHIP AND AMENDMENTS 1.1. These general conditions (“Conditions”), together with the conditions for the Optional Services (as defined below) possibly purchased by the User and the Information for the processing of personal data (collectively the “Contract”), govern the relationship between Carchain, Internet service provider for the consultation, insertion, publication of advertisements, generation of and dDynamic QR codes generation, and creation of digital IDs for motor vehicles (excluding buses, road tractors, special purpose vehicles, trailer trucks, articulated lorries, articulated vehicles and work vehicles), (collectively, the “Vehicles”), the certification and verification of documents, and consumer users who use these services (“User” or “Users”) through the Site. 1.2 By accessing the Site, the User agrees to comply with these Conditions. The User is invited to print a copy of these Conditions for future reference. 1.3 Any additional agreements, additions or amendments relating to the Contract will be binding on Carchain and the User on condition that Carchain has expressly accepted them in writing. No verbal agreement between Carchain and the User will be considered valid and binding. 1.4 Carchain reserves the right to modify these Conditions for reasons connected with the management of its business. For Users not registered on the Site and for Users who register after the date of publication of the new Conditions on the Site, the new Conditions will be immediately effective upon their publication on the Site. For Users registered on the Site before the publication of the new ones Conditions, Carchain will communicate by email or with notice in its Personal Area or by publishing the new version on the Site, with at least 30 (thirty) days' notice, of any modification of these Conditions, with the warning that such modifications will be considered accepted by the User unless the latter, within the aforementioned term, does not exercise his right of withdrawal by deleting his account by accessing his Personal Area (as defined below) on the Site. 1.5 Blockchain transactions that take place on the Site are managed and confirmed via the Ethereum or Polygon blockchain. You understand that by requiring to transfer, your public address will be made publicly visible whenever you engage in a transaction on the Site. 1.6 We neither own nor control MetaMask, Coinbase, AWS, Google Chrome, the Ethereum or Polygon network, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Site. We will not be liable for the acts or omissions of any such third parties, nor will we be responsible for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties. 1.7 You must provide accurate and complete registration information when you create an account for the Site. By creating an account, you agree to provide accurate, current, and complete account information about yourself and maintain and promptly update your account information as necessary. You are responsible for the security of your account and your MetaMask wallet (and other Ethereum wallets and accounts). If you become aware of any unauthorized use of your password or of your account with us, you agree to notify us immediately at info@thecarchain.com. 2. OBJECT OF THE SERVICES - MODIFICATIONS OF THE SERVICES - EXECUTION BY CARCHAIN - RIGHT OF WITHDRAWAL OF THE USER 2.1 Carchain manages the Site through which the User will be able to consult third party sales announcements (via the Site or Dynamic QR codes) and publish his own advertisements and generate and download the Dynamic QR code for Vehicles offered for sale so that potential buyers can search for the vehicle on all the sites of the group. 2.2 Carchain services (“Basic Services”) for car advertisement. 2.2.1 The services provided by Carchain following the registration of the User on the Site (“Standard Free” or “Free”) consist in granting the User the possibility to (i) consult and save sales announcements posted on the Site or advertised via Dynamic QR codes by other sellers that the User intends to monitor and (ii) insert its own advertisements and generate and download Dynamic QR codes for vehicles to be offered for sale, with a maximum of 2 (two) online ads simultaneously, a maximum of 4 (four) online ads per calendar year and a maximum of 15 (fifteen) images for each ad, in the Carchain database (“Database”), so as to make them visible on the Site and reachable through the search system or via Dynamic QR codes by potential buyers, as well as the possibility of managing, inserting, modifying, and removing such advertisements; all through a personal area (“Personal Area”) made available to the User by Carchain, which the User can access through the use of credentials (an identification code and a password) obtained following the User's registration on the Site. 2.2.2 The services provided by Carchain following the registration of the User on the Site (“Standard”), with the methods and at the rates indicated from time to time, consist in granting the User the possibility to (i) consult and save sales announcements posted on the Site or advertised via Dynamic QR codes by other sellers that the User intends to monitor and (ii) insert its own advertisements and generate and download Dynamic QR codes for vehicles to be offered for sale, with a maximum of 15 (fifteen) images for each ad, in the Database, so as to make them visible on the Site and reachable through the search system or via Dynamic QR codes by potential buyers, as well as the possibility of managing, inserting, modifying, pausing and removing such advertisements; all through the Personal Area made available to the User by Carchain, which the User can access through the use of credentials (an identification code and a password) obtained following the User's registration on the Site. 2.2.3 The services provided by Carchain following the registration of the User on the Site (“Premium”), with the methods and at the rates indicated from time to time, consist in granting the User the possibility to (i) consult and save sales announcements posted on the Site or advertised via Dynamic QR codes by other sellers that the User intends to monitor and (ii) insert its own advertisements and generate and download Dynamic QR codes for vehicles to be offered for sale, with a maximum of 50 (fifty) images and 5 (five) Portable Document Format (PDF) files for each ad, in the Database, so as to make them visible on the Site and reachable through the search system or via Dynamic QR codes by potential buyers, as well as the possibility of managing, inserting, modifying, pausing and removing such advertisements; all through the Personal Area made available to the User by Carchain, which the User can access through the use of credentials (an identification code and a password) obtained following the User's registration on the Site. 2.3 Carchain services (“Blockchain-based Services”) for vehicle digital ID creation and document notarization and verification. 2.3.1 The services provided by Carchain following the registration of the User on the Site (“Car Digital ID”) consist in granting the User the possibility to (i) create a digital identity of a vehicle on the blockchain through Non-fungible tokens on the Ethereum or Polygon network, (ii) register and update the vehicle information using our Site to keep its records up to date by providing proof of the occurrences. For example, a picture of the bill you get when taking your vehicle for regular maintenance or an odometer picture when updating the mileage, (iii) transfer the ownership of the digital asset by request. We reserve the right to register and update the vehicle information according to third-party oracles' data, such as insurance companies, governmental institutions, and other reliable organizations. We reserve the right to register and update the vehicle information through the vehicle telematics systems when the technology is available. 2.3.2 The services provided by Carchain following the registration of the User on the Site (“DocuVerify”) consist in granting the User the possibility to (i) notarize documents, certificates, and pictures on the blockchain on the Ethereum or Polygon network, (ii) verify the the existence and originality of any document or certificate digitized in the Carchain platform. 2.4 Carchain may offer the User any additional services (“Optional Services”). By Optional Services we mean the additional (compared to the Basic Services) and optional services that Carchain reserves to offer to the User - also through its Personal Area or in any case via the Site, in the times, with the methods and at the rates indicated from time to time. Any use by the User of the Basic Services, of any Optional Services, of the Site and of the Site's database must take place exclusively for the purposes and in compliance with the terms and conditions set forth in the Contract and in these GTC. The provision of Optional Services is governed by the relevant terms and conditions and by these GTC to the extent compatible. 2.5 The User agrees that Carchain modifies, temporarily suspends, permanently interrupts, replaces the Basic Services and / or the Optional Services (collectively, the “Services”) for reasons related to the management of its business towards all Users. Carchain will notify the User via email or PEC or with a notice in the User's Personal Area, with a notice of at least 30 (thirty) days, of any changes to the Services or to the Optional Services or to the services offered free of charge. These changes will be considered accepted by the User if the latter does not communicate in writing to Carchain the desire to withdraw from the relationship within 30 (thirty) days of receipt of the aforementioned communication from Carchain. Carchain reserves the right to modify, suspend, discontinue, replace any other services temporarily free of charge provided by Carchain at any time and without notice. In no case, the User may require the maintenance, even partial, of the aforementioned services by Carchain. 2.6 The User agrees that Carchain chooses to provide the Services and / or Optional Services provided for in the Contract directly or through or with the collaboration of third parties and, in particular, through websites or search engines or portals managed by others. To this end, the User hereby authorizes Carchain to communicate information and data, including personal data, concerning him, as well as sales announcements, images, information saved by the User in the Personal Area and further material provided by the User and made accessible on the Site and / or in the User's Personal Area (“Data”) by Carchain by reason of the Services and Optional Services rendered to the User by the aforementioned third parties. 2.7 Carchain reserves the right to publish advertisements and content of any kind and other promotional material on all pages of all the sites of the group, including the pages of the Site which contain the User Content (such as, for example, in the sale announcements and in the User's Personal Area). 2.8 Under no circumstances can the conclusion of a contract between the User and the subjects interested in purchasing the Vehicles offered for sale by the User be made through all the group sites. Carchain is not and cannot in any case be considered a mediator, intermediary or part of the negotiation and any contract concluded between the User and the persons interested in purchasing the Vehicles offered for sale by the User on all the group sites. 3. CONCLUSION OF THE CONTRACT AND RELATED TECHNICAL PHASES - USER'S RETHINKING RIGHT 3.1 Registration on the Site in accordance with these Conditions entails the conclusion of the Contract exclusively between Carchain and the consumers, i.e. the natural persons who act outside their own business, commercial, craft or professional activity. 3.2 Registration on the Site is free of charge and will allow the User to be able to access the Basic Services as described in the previous Art. 2. When registering on the Site, the User will have to choose his / her login credentials and will receive a confirmation email registration on the Site by Carchian at the email address indicated by the User during registration. 3.3 Before purchasing the Basic Services or the Optional Services which may be offered by Carchain and at any time following the completion of the purchase of these services, the User may consult the relevant terms and conditions applicable to them on the Site and / or within the Personal Area. The purchase of the Services by the User may be made on the Site and / or in the User's Personal Area through the specific procedure provided therein and will entail payment of the price envisaged for the type of service chosen. 3.4 In the time necessary to complete the payment of the price of the Basic Services or the Optional Services, Carchain reserves the right not to publish online the User's announcement to which the Basic Services and / or the Optional Service refers. 3.5 When registering on the Site and purchasing any of the Services, the User must provide Carchain with complete and truthful and up-to-date information and personal data. In the event of errors in data entry, the User, as appropriate, must correct them immediately and independently before registering on the Site or purchasing the Services without the need for technical assistance from Carchain. Subsequently, in case of error of the data provided or in case of need to update it, the User must promptly modify the data by accessing the User's Personal Area, following the instructions indicated therein. In the absence of timely communication of correct and / or updated data, any use by Carchain of the original data - such as notifications or communications to the address initially indicated by the User - will in any case be considered valid and effective in relation to of the latter. 3.6 In case of purchase of paid Services through the Site and / or the Personal Area, the relevant Contract will be considered concluded between the User and Carchain at the time of payment by the User from the relative rates. The User, within 14 (fourteen) days from the day of the conclusion of the Contract, will have the right to withdraw from the Contract pursuant to art. 52, paragraph 1, of the Consumer Code, without indicating the reasons, through an explicit declaration, to be sent via email to info@thecarchain.com . To comply with the withdrawal deadline, it is sufficient for the User to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period. 3.7 In the event of exercise of the right of withdrawal by the User pursuant to the above, reimbursement of payments will be made by Carchain without undue delay and in any case no later than 14 (fourteen) days from the day Carchain will have been informed of the User's decision to withdraw from the Contract. These refunds will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed with Carchain to receive payment by another means; in any case, the User will not incur any costs as a consequence of this refund. 3.8 In case of purchase of paid Services through the Site and / or the Personal Area, the User expressly agrees that the performance of the Carchain services will begin immediately upon conclusion of the Contract and, therefore, before the expiry the term of 14 (fourteen) days for exercising the right of withdrawal pursuant to art. 52, paragraph 1), of the Consumer Code. Until the Services have been fully performed according to their duration provided for in the Contract, the User may in any case exercise their right of withdrawal within the aforementioned term of 14 (fourteen) days starting from the day of conclusion of the Contract and, pursuant to Art. 57, paragraph 3, of the Consumer Code, the User will be required to pay Carchain an amount proportional to the services provided until the moment in which the User has communicated to Carchain his wish to withdraw. 4. USER CONTENT 4.1 By transmitting the Content to Carchain due to the request to provide the Services, the User grants Carchain (including its parent companies, subsidiaries or associated companies), indefinitely and for all countries in the world, the following rights non-exclusive and transferable: • right to archive the contents and to use them in the database in any way, in particular to store them in digital format, insert them in the database and record them on any medium, currently existing or future, for recording and on any other storage medium; • right to copy and publish the Contents: the right to register, copy, make them accessible to third parties or publish them, even in part, on the Site and through any other electronic medium or means of communication (such as, for example, the Internet, newspapers and periodicals in general); • right to modify the Contents, in particular to shorten them, integrate them and link them with any other content conforming to the requirements established in Articles 15.1 • and 15.2 of these Conditions, always respecting the purposes of the contract concluded by the parties. 4.2 The User grants Carchain the right to sub-license any rights acquired pursuant to the previous Art. 4.1 to third parties and to transfer the Contents to third parties, including the obligations and rights connected to these Contents. 4.3 The User acknowledges and accepts that potential customers and people interested in the User's ads who have Internet access can view, download and download the User Content published on the Site for free. 4.4 Any use by Carchain of the User's personal data belonging to the Content will take place in compliance with Legislative Decree no. 196 of 30 June 2003 (" Code regarding the protection of personal data ") and of the European Regulation on Privacy EU / 2016/679 (GDPR), as foreseen in the Information on the Protection of Personal Data. 4.5 The Contents are protected in accordance with the industrial and intellectual property rights regulation, where applicable - for example, texts, advertisements, registered and de facto trademarks, company names, logos, etc. 4.6 The User will be held responsible for any damage suffered by Carchain due to the malicious or negligent behavior of the User that has allowed third parties to become aware of his credentials to access the Personal Area and / or to use them for access it. The User must immediately communicate to Carchain through the contact form in the "Contacts" section of the Site the theft of their credentials to access the Personal Area or, in any case, of their use by third parties. In the event that the User has forgotten his login credentials, he may request the personal code and / or a new password (through the "forgotten password" function) which will be sent to the email address indicated by the User during the registration process. 4.7 Upon expiry of the online advertisement or in the event of its early cancellation by the User or Carchain, the latter will have no obligation to archive and keep the advertisement entered by the User. 5. CONTENT MANAGEMENT 5.1 Within the limits of the object and purposes of the Contract between the User and Carchain, the User is granted the non-exclusive, non-transferable right, limited to the duration of the contractual relationship and without the right to grant sub-licenses, to use the Site for the publication of User Content. The User undertakes not to use the Site and the Personal Area in any other way and for other purposes and, in particular, to refrain from: • accessing the database, their data or the Contents through third party or otherwise different application programs. from those of Carchain for which the User has been expressly authorized by Carchain; • disclosing their login credentials to the Site and the Personal Area to third parties; • reproducing, manipulating, copying, disseminating and using in any way any content of the database other than the Contents, including via other Internet sites or other means of communication; • using or publishing the Contents through third party sites using links between them and the Site or by inserting or using in any other way the distinctive signs or identification data of Carchain. 5.3 The User undertakes to indemnify and hold harmless Carchain from any third party claim against Carchain due to the violation of the obligations under Art. 5.1 by the User. 5.4 The User must publish, manage, modify, insert and remove the Contents by independently carrying out the procedures necessary for this purpose through his own Personal Area. The User can independently correct any insertion errors through his / her personal area. Since the insertion of the Contents (including the sale announcements) and the generation and download of the Dynamic QR code does not require particular technical skills or specific knowledge, the User can operate alone without any technical support, being sufficient to proceed with the compilation of the delimited fields as they will appear in the appropriate mask of the Site. However, in cases where the User needs to obtain assistance from Carchain, the User must contact Carchain by filling in the contact form in the "Contacts" section on the Site. 5.5 The User agrees to Carchain to keep an updated copy of the Content in any way provided to Carchain and / or placed on the Site. Except as provided in the Information for the processing of personal data in relation to personal data, the User acknowledges and agrees that Carchain has no obligation to retain User Content. 6. SOFTWARE AND APPLICATION PROGRAMS PROVIDED BY CARCHAIN 6.1 In the event that the User has been provided with application programs for the use of the Services, the User is granted the non-exclusive, non-transferable right, limited to the duration of the relationship and without the right to grant sub-licenses, to use these programs on a single hardware unit intended for the exclusive use of the User himself. All intellectual and industrial property rights on the application programs are protected according to the legislation applicable to intellectual and industrial property and, in any case, are and will be the exclusive property of Carchain. 6.2 Any use of the application programs for other purposes or different from those covered by the Contract between the User and Carchain, as well as their reproduction, are expressly prohibited by the User. Upon termination of the relationship for any reason, the User must either return the application programs to Carchain (including any back-up copies), or destroy them by giving a confirmation registered with Carchain. 6.3 The User undertakes to indemnify and hold harmless Carchain in any case from any third party claim against Carchain due to breach of the aforementioned obligations by the User. 6.4 The User will be the only person responsible for the anomalous and / or improper use of the aforementioned application programs and the Personal Area and undertakes to indemnify and hold Carchain harmless from any claim by third parties in this regard. 7. RATES 7.1 The tariffs for the Basic Services and the Optional Services will be indicated in the specific area of the Site and the User must pay Carchain the price of the tariffs in force on the date on which the User purchases the services in question. The price indicated on the Site for Basic Services and the Optional Services is to be understood inclusive of any taxes and duties. 8. PAYMENTS, DELAYS, DEADLINE OF THE USER 8.1 In case of purchase of the Basic Services and the Optional Services or other paid services, the relative price will be paid by the User through the use of credit card, PayPal or other payment methods indicated from time to time at the time of purchase of the service, and within the term from time to time indicated in the conditions of the specific service purchased by the User. 8.2 The User now authorizes Carchain to send its communications and invoices by email to the address communicated to Carchain at the time of the conclusion of the Contract. 8.3 If the User omits or delays the payment of the amounts due to Carchain, interest on arrears will accrue at the legal rate, up to the balance of the due payment, without prejudice to the compensation for the greater damage suffered by Carchain. 8.4 If the User's non-fulfillment continues for more than 30 (thirty) days from the deadline referred to in Article 8.1 above, Carchain may suspend the provision of the Services to the User until payment of all amounts due, including the accrued interest on arrears and, in the event that non-payment within the terms established by the Contract occurs two or more times, even if not consecutive, Carchain may terminate the Contract pursuant to art. 1456 of the Italian Civil Code and permanently disable the User's access to the Personal Area and to the Site. 8.5 Ethereum or Polygon require the payment of a transaction fee (a "Gas Fee") for every transaction that occurs on the network. The Gas Fee funds the network of computers that run the decentralized network. This means that Carchain pays all the Gas Fee only for those transactions that occur via the Site while the subscription plan is active. 9. DURATION, WITHDRAWAL, TERMINATION OF THE CONTRACT 9.1 The Contract between Carchain and the User which finalizes through the registration of the User on the Site and is to be considered concluded indefinitely. 9.2 As a partial derogation from the provisions of the previous Art. 9.1, some Basic Services and Optional Services may be temporary and will have the duration from time to time provided for by the conditions governing these services as indicated on the Site and / or in the Personal Area. 9.3 In the event that the Contract relates only to the Basic Services - Private, the User can withdraw from the contract at any time without notice by disabling his / her account through the specific procedure indicated in the Personal Area, while Carchain may withdraw with a prior notice of 30 (thirty) days. In the event that the Contract also relates to the Basic Services - Private Premium and Basic Services - Car Collectors, and the Optional Services or other paid services: • if such services are indefinite, each party may communicate to the other party its intention to withdraw from the Contract and this withdrawal which will take effect from thirtieth day calculated from the first day of the month following receipt of the aforementioned communication, while • if these services are for a fixed term, each party may communicate to the other party its intention to withdraw from the Contract and this withdrawal which will take effect within the timing provided for conditions governing such services as indicated on the Site and / or in the Personal Area from time to time. The aforementioned withdrawal notices will be sent by email, if from Carchain, to the email address indicated by the User when registering on the Site (as possibly updated by the User), if by the User at the email address: info@thecarchain.com . 9.4 In addition to the other cases provided for in these Conditions, Carchain may terminate the Contract pursuant to art. 1456 of the Italian Civil Code if the User: • violates his obligations under Articles 3.5, 5.1, 5.4, 5.5, 6.1, 6.2 and 13 of these Conditions; • violates the payment obligations imposed on him pursuant to Art. 8.1 and failure to pay within the terms established by the Contract occurs two or more times, even if not consecutive, as provided for in Art. 8.4; • commits two or more violations of what is indicated in Art. 10.1, as provided for in Art. 10.4. 9.5 From the effective date of withdrawal or termination of the Contract, Carchain may: • block the User's access to the Personal Area and deactivate it; • deactivate any connection to the Personal Area, as well as • interrupt the provision of the Services to the User as well as any other service provided to the User. 10. CONTENT RESTRAINTS - BLOCKING OF ACCESS TO THE PERSONAL AREA – CRIMINAL - TERMINATION OF THE CONTRACT 10.1 Carchain may limit the User Content and / or block the User's access to the Personal Area if: • the User Content does not comply with the provisions of Art. 13 below; • there is a suspicion that the Content may be illegal, untruthful, incomplete, incorrect, out of date or fictitious; • the User has published a number of advertisements higher than the maximum required by the Contract; • Carchain deems that a third party is using the User's access credentials to the Site and / or to the Personal Area of the Site; • the User uses the database illegally or, in any case, in a manner or for purposes other than those provided for in the Contract; • the User is found not to have paid the prices due to Carchain in the terms set out in the previous Art. 8.1; • the Content is contested by third parties and there is a risk of legal action and / or prejudice to Carchain or others. subjects. 10.2 Carchain will promptly notify the User in writing of the measures taken as a result of the aforementioned violations. 10.3 If the User commits two or more violations indicated in Art. 10.1 above, Carchain may terminate the Contract pursuant to art. 1456 of the Italian Civil Code and also take the further measures indicated in the previous Art. 9.4. 11. USER RESPONSIBILITY - CARCHAIN LIMITATION OF LIABILITY - INDEMNITY 11.1 Carchain provides a service for the temporary transmission and storage of data and, as such, does not act as a broker or representative of the User or, in any case, on behalf of the User or other subjects who use the Site Pursuant to and for the purposes of article 17 of Legislative Decree n. 70/2003, Carchain is not subject to an obligation to monitor the information transmitted or stored (including the Contents), nor to an obligation to actively search for facts or circumstances that indicate the presence of illegal activities on the Site and / or outside the Site. 11.2 The User, as supplier of the Contents, will be the only person responsible for the Contents, as well as for their lawfulness, completeness, correctness, truthfulness and reliability. Carchain is therefore exonerated from any liability and / or damage, direct and indirect, suffered by the User in this regard, even if the Contents have been made accessible, removed or obscured by itself. 11.3 The User shall indemnify and hold harmless Carchain from any prejudice that the latter may suffer as a result of the publication of the User Content, as well as the use by the User of the Site, of the Carchain database, of the Area personnel, the Services and any other service, as well as as a consequence of any violation of the rights of third parties by the User. 11.4 Carchain is now exempt from any liability and / or damage, direct and indirect, suffered by the User as a result of the possible interruption of the Services and any other services occurred in accordance with the provisions of the Contract and / or due to violations of the Contract by the User. As for the images of the User Vehicles visible on the Site, Carchain will not be held responsible for the quality of the reproductions of any discrepancies with respect to the reality of the image object, including any discrepancies in color of the vehicle object of the advertisement. 11.5 As a partial exception to the foregoing, following the loss of the User Content due to a fact attributable to Carchain, the latter, given the obligation to keep the Content for the User pursuant to these Conditions, will be held solely restoration of the Contents that the User will have provided after the inconvenience. 11.6 Carchain's liability cannot be limited or excluded in the event of willful misconduct and gross negligence, death or damage to the person resulting from an action or omission of Carchain or from an action or omission of its agents or employees or for any other liability that it cannot be limited or excluded by law and, in particular, by consumer protection legislation. 11.7 Carchain will not be responsible or liable to you for any losses you incur as the result of your use of the Ethereum or Polygon network or the electronic wallet, including but not limited to any losses, damages or claims arising from: (i) user error, such as forgotten passwords or incorrectly construed smart contracts or other transactions; (ii) server failure or data loss; (iii) corrupted wallet files; or (iv) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, brute forcing or other means of attack against the Site, Ethereum or polygon network, or the electronic wallet. 11.8 Car Digital ID are intangible digital assets that exist only by virtue of the ownership record maintained in the Ethereum or polygon network. All smart contracts are conducted and occur on the decentralized ledger within the Ethereum or polygon platform. We have no control over and make no guarantees or promises with respect to smart contracts. 11.9 Carchain is not responsible for losses due to blockchains or any other features of the Ethereum or polygon network or the electronic wallet, including but not limited to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting the Ethereum or polygon network, including forks, technical node issues, or any other issues having fund losses as a result. 11.10 There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Carchain will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum or Polygon network, however caused. 11.11 The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Carchain ecosystem, and therefore the potential utility of Carchain. 11.12 Upgrades by Ethereum or Polygon to the Ethereum or Polygon platform, a hard fork in the Ethereum or Polygon platform, or a change in how transactions are confirmed on the Ethereum or Polygon platform may have unintended, adverse effects on all blockchains using the ERC-20 and ERC-721 standard, including the Carchain ecosystem. 11.13 We are constantly innovating the Site to help provide the best possible experience. You acknowledge and agree that the form and nature of the Site, and any part of it, may change from time to time without prior notice to you, and that we may add new features and change any part of the Site at any time without notice. 12. WARRANTIES 12.1 Carchain guarantees the availability of the Site database for at least 90% (ninety percent) of the calendar year. "Availability" means the possibility that the Contents can be entered in the Database and accessible through the Site by potential buyers of the Vehicles offered for sale by the User. 12.2 The maintenance of the system, the interruptions necessary for the so-called "off-line back-up", within reasonable terms, as well as the interruptions caused by situations of force majeure or other causes outside the control of Carchain, such as, by way of example, the emergency measures taken to prevent the spread of viruses. Carchain will endeavor to notify the User of the interruption of the Services in advance. 12.3 Carchain does not guarantee in any way neither a minimum number of accesses by potential buyers of the Vehicles offered for sale by the User on the Site, nor the success of the offers and announcements of the User published on the Site. 13. REQUIREMENTS FOR USER CONTENT AND ADVERTISEMENTS 13.1 Data and Contents transmitted to Carchain and / or published by the User on the Site must be updated, truthful in form and in substance, reliable and compliant with what is indicated below. 13.2 The price of the Vehicle indicated in the advertisement must be the final price offered to the public, including VAT, not tied to the purchase of a loan, in exchange or scrapping. Transfer of ownership and IPT are excluded. 13.3 The data and any other content and information transmitted to Carchain and / or published by the User on the Site cannot contain: • illegal, untrue, incomplete, incorrect, outdated or fictitious content; • advertisements for vehicles offered for leasing without the express specification of the fact that they are not vehicles offered for sale and without the indication, in the appropriate "Public price" field, of the amount including installments, interest, expenses and the redemption price; • advertisements of import vehicles with an indication under the heading "price to the public" of figures that do not include nationalization; • advertisements relating to advertisements for products and services other than Vehicles; • vehicle advertisements with the indication of erroneous, misleading, deceptive, symbolic prices; • vehicle advertisements indicating partial prices or prices different from their full amount; • advertisements for Vehicles with a "Final Price" linked to a financial offer. The promotional price and the possibility of a financial offer may only be indicated in the description of the Vehicle; • advertisements for damaged vehicles without the relevant "damaged vehicle" tick; • the sale prices of Vehicles that do not include VAT for Vehicles whose sales are subject to VAT; • advertisements corresponding to Vehicles of the SHUANGHUAN CEO brand in any category of Vehicles and under any brand and model including the "other" category / brand. and "other" model; • advertisements for replica vehicles under any brand or model that are not "other" and "other" models; • advertisements with text version in the field that does not correspond to the version of the Vehicle; • advertisements not for the sale of Vehicles but which represent a request for a "car search" or "buy car"; • advertisements of Vehicles for which an "auction" is planned; • advertisements for Vehicles in which the description of the Vehicle does not correspond to the photograph on display; • advertisements relating to parts or spare parts of the Vehicles; • advertisements of vehicles already sold or in any case not available for sale; • advertisements of Vehicles sold individually or in stock whose sale is reserved for sector operators in the section addressed to the public even if provided with specific indication in the description of the announcement; • advertisements for Vehicles that do not present the offer to sell a Vehicle but whose sole purpose is to give visibility to a brand, to services, to a company or to social pages, websites, personal pages on other User and / or third party portals; • advertisements with images taken from other portals, from other advertisements, from persons who have not authorized their publication; • duplicate, tripled or repeated Vehicle advertisements of the same Vehicle with the same characteristics; • advertisements with an indication under the heading "public price" of a price linked to an offer with scrapping or reserved for categories of users. specific beneficiaries of the remuneration pursuant to law no. 104/92; • Vehicle advertisements containing racist, discriminatory, defamatory terminologies or with offensive and / or defamatory content towards ethnic groups, characters public or private; • advertisements of Vehicles whose sale is prohibited by law (eg Vehicles with administrative detention or seized). 13.4 The User's announcement published through the Site must truthfully and reliably indicate all the information requested by Carchain on the specific page of the Personal Area. Any defect or flaw in the Vehicle, regardless of whether it appreciably diminishes its usefulness or value, must be truthfully and reliably indicated. 13.5 It will not be allowed to indicate a telephone number which, directly or indirectly, could result in burdensome charges on the potential purchaser, such as by way of example, a number having the prefix "199" or international prefixes (without prejudice to the indication of the telephone prefix of San Marino by Users based in that State). 13.6 The publication of advertisements in the name and on behalf of third parties, of data of third parties, of vehicles of third parties will not be allowed without the User having obtained their prior written authorization. Furthermore, it will not be allowed to indicate personal data of third parties (such as, for example, telephone numbers and addresses) without their prior consent. 13.7 In the field intended for images of the Vehicle, the publication of images that do not reproduce the model of the Vehicle offered by the User, such as, for example, images that reproduce design models, logos, brands or other distinctive signs, will not be allowed. 13.8 The User may publish only the images, goods subject to intellectual or industrial property, logos, signs and other distinctive signs of the company that the User is authorized to use on the Site and which do not violate industrial or intellectual property rights or rights on the distinctive signs of third parties. In addition, the images may not have deceptive content and must reproduce the status of the Vehicle as reliably as possible at the time of the offer on the Site. In the event that the User publishes images extracted from a catalog of Vehicles, from a magazine or from a website, it will be required to specify it clearly. 14. NON-FUNGIBLE TOKEN OWNERSHIP; 14.1 The User owns the NFT. Each digital asset is a non-fungible token (an "NFT") on the Ethereum or Polygon blockchain. When you purchase a Car Digital ID (a "CDID"), you own the underlying NFT completely. This means that you have the right to trade your NFT, sell it, or give it away. Carchain’s approach for Car Digital ID is custodial, which means the ownership of the NFT is mediated entirely by Carchain’s. 14.2 If the User engage in any of the activities prohibited by the Section 14, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account and/or delete your Car Digital ID's images, document, and descriptions from the Site. If we delete your Carchain' images and descriptions from the Site, such deletion will not affect your ownership rights in any NFTs that you already Own. 14.3 The User may lose ownership of the NFT only if the real asset associated with the NFT is fake, not original, with the VIN changed, or in cases where the car has been reported as stolen and such information was not available at the creation time. 15. TRANSFER, SAFEGUARD CLAUSE 15.1 The User cannot transfer the Contract and / or the rights and obligations deriving from it to third parties, without the prior written consent of Carchain to be sent by email. 15.2 Carchain may assign the Contract and / or the rights and obligations deriving from the same to other companies in its group at its own discretion, without prior notice and provided that it is transferred to the same terms or terms that are no less advantageous for the User. ; (ii) to third parties other than the companies of its group through the publication on the Site of a communication and / or a communication to the User via email, with a notice period of 30 (thirty) days. In this case, the User may withdraw from the Contract from the relationship within 30 (thirty) days of receipt of the above mentioned Carchain communication. In the absence of withdrawal by the User in the times indicated above, the transfer to third parties will be considered accepted by the User. 15.3 If a clause of these Conditions and / or of the Contract proves to be incomplete, invalid or ineffective, even in part, these Conditions and the Contract will in any case be valid and effective between the parties. The parties undertake as of now to replace the incomplete, invalid or ineffective clause with a new clause that manifests as coherently as possible to the real intention of the parties. 16. COMPOSITION OF DISPUTES AND JURISDICTION 16.1 In the event of a dispute between the User and Carchain, we recommend the User to contact us via the contact form in the "Contacts" section of the Site to find a solution. 16.2 Carchain will consider reasonable requests to resolve the dispute through other procedures as an alternative to legal proceedings. In particular, the European Commission makes the Platform for Online Dispute Resolution available to consumers to resolve disputes out of court (Art. 14, par. 1 of EU Regulation 524/2013). Consumers can make a complaint at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT . 16.3 Any disputes relating to the application or interpretation of these Conditions and / or relating to the contract between Carchain and the User will be devolved to the court of the place of residence or domicile of the consumer. 17. APPLICABLE LAW 17.1 The Contract is governed by Italian law. 18. CONTACTS 18.1 For any questions about the Services, the Contract and these Conditions, the User may send an email to info@thecarchain.com or call +39 3515592773 from 9.00 to 18.00, from Monday to Friday (excluding holidays in Italy), or write to us at the following address: Carchain Srl, Via San Vito 9, 34124, Trieste (TS), Italy. Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the User declares to have read and accepted the following provisions of these Conditions: 1.4 (Conditions governing the relationship and amendments), 2.4 and 2.5 (Object of the Services. Modifications of the Services - Execution by Carchain - Right of withdrawal of the User); 4.1, 4.2, 4.6 and 5.7 (User Content); 5.1 and 5.3 (Content Management) 6.1, 6.2, 6.4 and 6.5 (Software and application programs provided by Carchain); 9.1, 9.2, 9.3 and 9.5 (Duration, withdrawal and termination of the Agreement); 10 (Content Restraints - Blocking of access to the Personal Area - Penalty - Termination of the Agreement); 11.2, 11.3, 11.4 and 11.5 (User Responsibility - Carchain Limitation of Liability - Indemnity); 12 (Guarantees); 13 (Requirements for User Content and Advertisement); 15.1 and 15.2 (Transfer and safeguard clause); Art. 16 (Settlement of disputes and competent court).
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General Terms and Conditions (GTC) for the B2B
1. GENERAL CONDITIONS AND RELEVANT AMENDMENTS 1.1 The following general terms and conditions (“GTC”), together with the Offer (as defined below) accepted by Carchain and the "Information on the processing of personal data" (collectively the “Agreement” or “Contract”), govern the relationship between Carchain, Internet service provider for the consultation, insertion, publication of advertisements, generation of dynamic QR codes, and creation of digital IDsand Dynamic QR code generation for motor vehicles (excluding buses, road tractors, special purpose vehicles, trailer trucks, articulated lorries, articulated vehicles and work vehicles) - hereinafter collectively referred to as “Vehicles”, the certification and verification of documents - and the professional sellers in the sector who use these services (“User” or “Users”) through the Site. The subject of the Agreement is the Services provided by Carchain (as defined below). To private users who fall within the scope of application of art. 3 of the Legislative Decree. 206 of 2005 (Consumer Code) only the general conditions for consumers accessible here apply. 1.2 Any additional agreements, additions or amendments to the Agreement will be considered an integral part of the Agreement provided that Carchain has expressly accepted them by e-mail or certified e-mail. No verbal agreement between the parties will be considered valid and binding. Any general or special conditions of the User will not be binding on Carchain, even if the latter does not expressly refuse their application. 1.3 Carchain reserves the right to unilaterally modify these GTC by adopting modifications which appear to be reasonably acceptable by the Users and which are effective for the future. In particular, and as an example, any changes to the registration procedure or the use of the personal area reserved for the User - hereinafter “Personal Area” - will be considered acceptable. Changes to the GTC may be introduced that have retroactive effect only to comply with a legal obligation or an order from the competent authorities or if such changes are beneficial to the User. 1.4 For Users not registered on the Site and for Users who register after the date of publication of the new GTCs on the Site, these new GTCs will be immediately effective at the time of their publication on the Site. For Users registered on the Site before the publication of the new GTCs on the Site, Carchain will communicate via e-mail or PEC or with notice in the Personal Area or by publishing the new version on the Site, with 30 (thirty) days notice, any changes to these GTCs. These changes will be considered accepted by the User if the latter does not communicate in writing, by registered letter with return receipt or certified e-mail, to Carchain the will to withdraw from the relationship within 30 (thirty) days of receipt of the aforementioned communication by Carchain. In any case, pursuant to Regulation (EU) 2019/1150 ("P2B Regulation"), the above notice period does not apply if the change to the GTC is introduced because Carchain is required: • to comply with a legal or regulatory obligation that requires you to amend these GTC and does not allow you to comply with the aforementioned deadline; • to modify the GTCs exceptionally, to deal with an unforeseen and imminent danger associated with defending the provision of the Services and / or Optional Services from fraud, malware, spam, data breaches or cybersecurity risks. 1.5 Blockchain transactions that take place on the Site are managed and confirmed via the Ethereum or Polygon blockchain. You understand that by requiring to transfer, your public address will be made publicly visible whenever you engage in a transaction on the Site. 1.6 We neither own nor control MetaMask, Coinbase, AWS, Google Chrome, the Ethereum or Polygon network, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Site. We will not be liable for the acts or omissions of any such third parties, nor will we be responsible for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties. 1.7 You must provide accurate and complete registration information when you create an account for the Site. By creating an account, you agree to provide accurate, current, and complete account information about yourself and maintain and promptly update your account information as necessary. You are responsible for the security of your account and your MetaMask wallet (and other Ethereum wallets and accounts). If you become aware of any unauthorized use of your password or of your account with us, you agree to notify us immediately at info@thecarchain.com 2. OBJECT OF THE SERVICES - MODIFICATION OF THE SERVICES 2.1 Carchain manages the Site through which the User will be able to consult third party sales announcements (via the Site or Dynamic QR codes) and publish his own advertisements and generate and download the Dynamic QR code for Vehicles offered for sale so that potential buyers can search for the vehicle on all the sites of the group. 2.2 Carchain services (“Basic Services”) for car advertisement. 2.2.1 The services provided by Carchain following the registration of the User on the Site (“Standard”), with the methods and at the rates indicated from time to time, consist in granting the User the possibility to (i) consult and save sales announcements posted on the Site or advertised via Dynamic QR codes by other sellers that the User intends to monitor and (ii) insert its own advertisements and generate and download Dynamic QR codes for vehicles to be offered for sale, with a maximum of 25 (Twenty five) images for each ad, in the Database, so as to make them visible on the Site and reachable through the search system or via Dynamic QR codes by potential buyers, as well as the possibility of managing, inserting, modifying, pausing and removing such advertisements; all through the Personal Area made available to the User by Carchain, which the User can access through the use of credentials (an identification code and a password) obtained following the User's registration on the Site. 2.2.2 The services provided by Carchain following the registration of the User on the Site (“Premium”), with the methods and at the rates indicated from time to time, consist in granting the User the possibility to (i) consult and save sales announcements posted on the Site or advertised via Dynamic QR codes by other sellers that the User intends to monitor and (ii) insert its own advertisements and generate and download Dynamic QR codes for vehicles to be offered for sale, with a maximum of 50 (fifty) images and 5 (five) Portable Document Format (PDF) files for each ad, in the Database, so as to make them visible on the Site and reachable through the search system or via Dynamic QR codes by potential buyers, as well as the possibility of managing, inserting, modifying, pausing and removing such advertisements; all through the Personal Area made available to the User by Carchain, which the User can access through the use of credentials (an identification code and a password) obtained following the User's registration on the Site. 2.3 Carchain services (“Blockchain-based Services”) for vehicle digital ID creation and document notarization and verification. 2.3.1 The services provided by Carchain following the registration of the User on the Site (“Car Digital ID”) consist in granting the User the possibility to (i) create a digital identity of a vehicle on the blockchain through Non-fungible tokens on the Ethereum or Polygon network, (ii) register and update the vehicle information using our Site to keep its records up to date by providing proof of the occurrences. For example, a picture of the bill you get when taking your vehicle for regular maintenance or an odometer picture when updating the mileage, (iii) transfer the ownership of the digital asset by request. We reserve the right to register and update the vehicle information according to third-party oracles' data, such as insurance companies, governmental institutions, and other reliable organizations. We reserve the right to register and update the vehicle information through the vehicle telematics systems when the technology is available. 2.3.2 The services provided by Carchain following the registration of the User on the Site (“DocuVerify”) consist in granting the User the possibility to (i) notarize documents, certificates, and pictures on the blockchain on the Ethereum or Polygon network, (ii) verify the the existence and originality of any document or certificate digitized in the Carchain platform. 2.4 Carchain may offer the User any additional services (“Optional Services”). By Optional Services we mean the additional (compared to the Basic Services) and optional services that Carchain reserves to offer to the User - also through its Personal Area or in any case via the Site, in the times, with the methods and at the rates indicated from time to time. Any use by the User of the Basic Services, of any Optional Services, of the Site and of the Site's database must take place exclusively for the purposes and in compliance with the terms and conditions set forth in the Contract and in these GTC. The provision of Optional Services is governed by the relevant terms and conditions and by these GTC to the extent compatible. 2.5 The User agrees that Carchain modify, temporarily suspend, discontinue permanently replace the Services Basic and / or Optional Services (collectively, the “Services”) for reasons connected with the management of its business towards all Users. Carchain will communicate to the User via e-mail or PEC or with a notice in the User's Personal Area, with a notice of at least 30 (thirty) days, of any modification to the Services or to the Optional Services or to the services offered free of charge. Such modifications will be considered accepted by the User if the latter does not communicate in writing to Carchain the desire to withdraw from the relationship within 30 (thirty) days of receipt of the aforementioned communication of Carchain. Carchain reserves the right to modify, suspend, interrupt, replace any other services temporarily free of charge provided by Carchain at any time and without prior notice.not even partial, of the aforementioned services by Carchain. 2.6 The User agrees that Carchain chooses to provide the Services and / or Optional Services provided for in the Contract directly or through or with the collaboration of third parties and, in particular, through websites or search engines or portals managed by others. To this end, the User hereby authorizes Carchain to communicate information and data, including personal data, concerning him, as well as sales announcements, images, information saved by the User in the Personal Area and further material provided by the User and made accessible on the Site and / or in the User's Personal Area (“Data”) by Carchain by reason of the Services and Optional Services rendered to the User by the aforementioned third parties. 2.7 Carchain reserves the right to publish advertisements and content of any kind and other promotional material on all pages of all the sites of the group, including the pages of the Site which contain the User Content (such as, for example, in the sale announcements and in the User's Personal Area). 2.8 In no case, the User may require the maintenance and assistance from Carchain in relation to the activities due to the User. 2.9 The placement of advertisements and Vehicles on the Site depends on various factors such as, for example, the price, power, year of registration and mileage of the Vehicle and this positioning may be influenced by Users through paid Optional Services. 2.10 During the term of the Agreement, the User will have unlimited access to the Data, as well as to the data generated by the access of potential buyers to its advertisements. Any other information can be requested from Customer Service. Information on the processing of personal data can be found in the Information on the Protection of Personal Data. 2.11 Through the Site it is not possible in any case to conclude a contract between the User and the subjects interested in the purchase of the Vehicles offered for sale by the User, unless otherwise provided for in the ad hoc terms and conditions published on the Site. Carchain is not and cannot be considered in any case a mediator, intermediary or party to the negotiation and any contract concluded between the User and the persons interested in purchasing the Vehicles offered for sale by the User on the Site. 3. RIGHTS OF USE 3.1 By transmitting Data to Carchain by reason of the agreed Basic Services or Optional Services, the User grants Carchain (including its subsidiaries or associates), indefinitely and for all countries of the world, the following rights non-exclusive and transferable, unless the assignment of rights is otherwise regulated in relation to specific services agreed with Carchain: • the right to archive the Data in any way, in particular to store them in digital format, to insert them in the database to register them on any medium, currently existing or future, for recording and on any other storage medium and to combine them with other works or parts of works; • the right to archive the Data and use them in databases Right to copy and distribute the content of the Data: the right to register the Data, to copy them, to make them accessible to third parties or to disseminate them, also in part, through any electronic support or means of communication (such as, by way of example, the internet, newspapers and periodicals in general); • the right to modify the Data, in particular to shorten them, integrate them and link them with any other content that complies with the requirements established in art. 14.1, always in compliance with the purposes of the Contract (for example, to change formats and resolution, add visual components, represent them in other contexts). • the right of reproduction to the public: the right to reproduce the content in an intangible format, in particular by making it accessible to the public through all means of communication (in particular, websites, web apps), regardless of technology used and the methods of transmission; Right to use the content, in accordance with the legislation on the protection of personal data, for purposes of analysis, platform development, product development and marketing, within the limits of the aforementioned legislation.). 3.2 The User grants Carchain the right to sub-license any and all rights acquired pursuant to the previous art. 3.1, and to transfer the Data to third parties, including the obligations and rights connected to such data. 3.3 The User acknowledges and accepts that the potential customers of the Users and the persons interested in the Vehicles of the Users who have Internet access will be able to collect and download the Data published on the Carchain Site free of charge. 3.4 Any use by Carchain of the User's personal data forming part of the Data published by the User will take place in compliance with Legislative Decree no. 196 of 30 June 2003 (" Code regarding the protection of personal data ") and the European Privacy Regulation EU / 2016/679 (GDPR), as provided for in the Information on the Protection of Personal Data. 3.5 I Dati (quali, a mero titolo esemplificativo, testi, annunci pubblicitari, marchi registrati e di fatto, denominazioni sociali, loghi) sono tutelati conformemente alla disciplina dei diritti di proprietà industriale ed intellettuale, ove applicabile - ad esempio, ai testi, agli annunci pubblicitari, ai marchi registrati e di fatto, alle denominazioni sociali, ai loghi, ecc. 3.6 The User will be held responsible for any damage suffered by Carchain due to the User's willful or negligent behavior that has allowed third parties to become aware of his login credentials to the Personal Area and / or to use them for access it. The User must immediately notify Carchain through the contact form in the "Contacts" section of the Site of the theft of their login credentials to the Personal Area or, in any case, of their use by third parties. In the event that the User has forgotten his login credentials, he can request the personal code and / or a new password (through the "forgotten password" function) which will be sent to the e-mail address indicated by the User in registration phase. 3.7 Upon expiry of the online advertisements or in the event of early cancellation by the User or Carchain, the latter will have no obligation to archive and keep the advertisements entered by the User. 3.8 Within the scope and purposes of the Agreement between the User and Carchain, the User is granted the non-exclusive, non-transferable right limited to the duration of the Agreement and without the right to grant sub-licenses, to use the Site for the publication of the Data. The User undertakes not to use the Site and the Personal Area in any other way and for other purposes and, in particular, to refrain from: • accessing the database, their data or the Contents through third party or otherwise different application programs. from those of Carchain for which the User has been expressly authorized by Carchain; • disclosing their login credentials to the Site and the Personal Area to third parties; • reproducing, manipulating, copying, disseminating and using in any way any content of the database other than the Contents, including via other Internet sites or other means of communication; • using or publishing the Contents through third party sites using links between them and the Site or by inserting or using in any other way the distinctive signs or identification data of Carchain. 3.9 For each case of violation of the obligations established by the previous art. 3.6, the User must pay Carchain a penalty of € 10,000.00 (ten thousand euros), without prejudice to Carchain's right to request compensation for further damages suffered, to obtain injunctions or urgent measures against the User. The User undertakes as of now to indemnify and hold Carchain harmless from any third-party claims raised against Carchain due to such infringement. 3.10 The User declares to release Carchain from any liability for the use of the Carchain application programs and undertakes to indemnify and hold Carchain harmless from any third-party claims in this regard. 3.11 The User must publish, manage, modify, insert and remove the Data by independently carrying out the procedures necessary for this purpose through their Personal Area. The User can independently correct any entry errors through his / her Personal Area. Since the insertion of the Data (including sales announcements) does not require particular technical skills or specific knowledge, the User can operate alone without any technical support being sufficient to proceed with the compilation of the delimited fields as they will appear in the appropriate form of the Site However, in cases where the User needs to obtain assistance from Carchain, the User must contact Carchain by filling in the appropriate contact form in the "Contacts" section of the Site. The User may propose to Carchain the change in the course of the report of the bracket of advertisements chosen in the Offer (as defined below) to which these GTCs apply. This proposal must be made via email or certified email by filling in a specific form that will be provided, upon request, by Carchain and will in any case be subject to acceptance by the latter. 3.12 The User undertakes towards Carchain to keep an updated copy of the Data provided in any way to Carchain and / or inserted on the Site. Without prejudice to the provisions of the Information for the processing of personal data in relation to personal data, the 'User acknowledges and accepts that Carchain has no obligation to retain User Data. 4. SOFTWARE AND APPLICATION PROGRAMS PROVIDED BY CARCHAIN 4.1 In the event that the User has been provided with application programs for the use of the Services, the User is granted the non-exclusive, non-transferable right, limited to the duration of the relationship and without the right to grant sub-licenses, to use these programs on a single hardware unit intended for the exclusive use of the User himself. All intellectual and industrial property rights on the application programs are protected according to the legislation applicable to intellectual and industrial property and, in any case, are and will be the exclusive property of Carchain. 4.2 Any use of the application programs for other purposes or different from those covered by the Contract between the User and Carchain, as well as their reproduction, are expressly prohibited by the User. Upon termination of the relationship for any reason, the User must either return the application programs to Carchain (including any back-up copies), or destroy them by giving a confirmation registered with Carchain. 4.3 For any violation of the obligations provided for by art. 4.1 and 4.2, the User must pay Carchain a penalty of € 10,000.00 (ten thousand euros), without prejudice to Carchain's right to request compensation for further damages suffered, to obtain injunctions or urgent measures against the User. The User undertakes as of now to indemnify and hold Carchain harmless from any third party claims raised against Carchain due to the breach of the aforementioned obligations by the User. 4.4 The User will be the only person responsible for the anomalous and / or improper use of the aforementioned application programs and the Personal Area and undertakes to indemnify and hold Carchain harmless from any claim by third parties in this regard. 5. CONCLUSION OF THE CONTRACT 5.1 The conclusion of the Contract is only permitted to natural or legal persons possessing the capacity to act. In particular, in the case of a legal person, the natural person who concludes the Contract with Carchain must be in possession of the powers to conclude contracts on behalf of the legal person with reference to the nature and purpose of the relationship established with it. 5.2 The User must provide a true and complete declaration of the information required for the conclusion of the Contract by completing, signing and sending to Carchain a specific form provided by Carchain ("Offer"). 5.3 Carchain reserves the right to decide whether to accept the Offer to conclude the Contract sent by the User. The Offer will be considered accepted and, therefore, the Contract will be considered concluded if, within 30 (thirty) days of receipt by Carchain of the Offer, the latter does not communicate its refusal to the User by email or certified email. The Offer, therefore, is irrevocable by the User for the aforementioned period of 30 (thirty) days. 5.4 The User must immediately notify Carchain of any changes to his data as indicated in the Offer and subsequently during the relationship. In the absence of timely communication, any use by Carchain of the original data - such as notifications or communications to the address originally indicated by the User - will in any case be considered valid and effective. 5.6 The User will be held liable for any damage suffered by Carchain as a result of the User's willful or negligent behavior that has allowed third parties to become aware of his identification code and / or his password. The User must immediately notify Carchain through the "feedback area" function of the theft of his / her identification code or password or, in any case, of their use by third parties. 6. DATA MANAGEMENT 6.1 The User must publish, manage, modify, insert and remove the Data independently following the procedures necessary for this purpose through his Personal Area. 6.2 It is specified that the images of the Vehicles to be published must be in “.PNG” or “.JPG” electronic format. 6.3 The User undertakes towards Carchain to keep an updated copy of the Data provided in any way to the latter in execution of the Contract. 6.4 Carchain will have access to the Data and all other information provided or generated by the User on the Site or by its potential customers in the context of the Services and Optional Services, in accordance with the provisions of the Information on the processing of personal data. 7. RATES AND RELEVANT MODIFICATIONS 7.1 The tariffs for the Basic Services and the Optional Services will be indicated in the specific area of the Site and the User must pay Carchain the price of the tariffs in force on the date on which the User purchases the services in question. 8. PAYMENTS, DELAYS, DEFAULT OF THE USER 8.1 In case of purchase of the Basic Services and the Optional Services or other paid services, the relative price will be paid by the User through the use of credit card, PayPal, wire transfer to Carchain’s bank account, or other payment methods indicated from time to time at the time of purchase of the service, and within the term from time to time indicated in the conditions of the specific service purchased by the User. 8.2 The User hereby authorizes Carchain to send his communications, including invoices, via email or certified email to the address specified in the Offer. 8.3 If the User is in default, default interest will accrue in favor of Carchain pursuant to Legislative Decree no. 231 of 2002, until full payment is due, without prejudice to compensation for the greater damage suffered by Carchain. 8.4 Ethereum or Polygon require the payment of a transaction fee (a "Gas Fee") for every transaction that occurs on the network. The Gas Fee funds the network of computers that run the decentralized network. This means that Carchain pays all the Gas Fee only for those transactions that occur via the Site while the subscription plan is active. 9. DURATION, WITHDRAWAL, RESOLUTION 9.1 Unless otherwise agreed between the parties, the Contract is concluded for an indefinite period. 9.2 The Contract has a minimum duration of 180 (one hundred and eighty) days from the effective date. 9.3 Each party may communicate their desire to withdraw from the Contract by registered letter with return receipt or certified email which will take effect from the ninetieth day calculated from the first day of the month following receipt of the aforementioned registered letter with return receipt or certified email. 9.4 In partial derogation from the provisions of the previous articles 9.1, 9.2 and 9.3, the fixed-term Optional Services will have the duration agreed from time to time by the parties. The withdrawal from these services may be agreed from time to time between the parties. 9.5 In addition to the other hypotheses provided for by these GTC, Carchain may immediately terminate the Contract pursuant to art. 1456 cc if the User: • violates one of the obligations placed on him under the following articles: art. 2.3 (obligation to use the Carchain services exclusively for the purposes indicated in the Agreement); 3.6 and 3.8 (obligations relating to the use of Carchain application programs, Data as well as to protect the Carchain database); 4.1. and 4.2 (Obligations relating to the use of the application programs provided by Carchain); 5.1, 5.2 and 5.6 (Conclusion of the Contract); 6.1 and 6.2 (Data Management); 15 (Requirements for the Contents and User Advertisements on the Site); • commits two or more violations of what is indicated in Art. 10.1, as provided for in Art. 10.4; • is burdened with large debts; • is in the liquidation phase, subjected to urgent or precautionary proceedings. 9.6 From the effective date of the withdrawal or termination of the Agreement, Carchain will: • deactivate the User's Personal Area and any connection to it, deactivate the virtual telephone number, as well as • block access to the Services and / or Optional Services provided under the Agreement. 9.7 In the event of changes to these GTC, the User will have the right to withdraw from the Contract, in accordance with the provisions of art. 3 paragraph 2 of the P2B Regulation, as better illustrated in the previous art. 1.4. 9.8 Following the termination of the Agreement, for any reason, Carchain will maintain access to the Data and information transmitted by the User, in accordance with the granting of rights by the User to Carchain, pursuant to the previous art. 3 and the information and data generated in accordance with this provision. Information on the processing of personal data following the termination of the Agreement can be found in the Information on the Protection of Personal Data . 10. BLOCKING OF CONTENT OR ACCESS, OTHER SANCTIONS - INTERNAL COMPLAINTS MANAGEMENT AND MEDIATION SYSTEM 10.1 Carchain may limit and / or block access to the Data temporarily if it considers that: the User Data does not comply with the provisions of Art. 15 below, there is a suspicion that the Data may be illegal, or untrue, incomplete, incorrect, out of date or fictitious; • the User has published a number of advertisements higher than the maximum required by the Contract; • Carchain believes that a third party is using the User's access credentials to the Site and / or the Personal Area of the Site; • the User uses the database illegally or, in any case, in a manner or for purposes other than those provided for in the Contract; • the User is found not to have paid the prices due to Carchain in the terms set out in the previous Art. 8.1; • the Content is contested by third parties and there is a risk of legal action and / or prejudice to Carchain or others. subjects. 10.2 Carchain will promptly notify the User in writing of the measures adopted as a result of the aforementioned violation, with the relative motivation. In the cases provided for by the previous art. 10.1, Carchain may warn the User to eliminate the aforementioned violations within 30 (thirty) days, at the end of which Carchain will have the right to remove or block the Advertising Data indefinitely. The aforementioned notice period does not apply in the event that (a) Carchain is required to comply with a legal or regulatory obligation that requires it to cease providing its Services or Optional Services to such User in a way that does not allow it. to respect this notice period, or (b) in the event that Carchain may terminate the Agreement on the basis of imperative reasons under Italian law or (c) in the event that the User has repeatedly committed any breach of the Agreement. Furthermore, the aforementioned notice period does not apply if the User Data is illegal or inappropriate or if the User's conduct or the Data of the same endanger the security of the Site and / or the Services of Carchain or if the conduct of the User 'User constitutes or is connected to an activity of fraud, counterfeiting, violation of personal data, spam or involves risks or injuries for minors. In cases where the aforementioned notice period does not apply, 10.3 In the cases provided for by the previous art. 10.1, in addition to the removal and limitation of the Data, Carchain may block the User's access to his Personal Area. It will promptly notify the User of this via email or PEC. Carchain reserves the right to request the payment of € 100.00 (Euro one hundred // 00) for the possible reactivation of the User's access to their Personal Area. 10.4 In the event that there are two or more violations by the User of the provisions of art. 10.1, Carchain will have the right to permanently prevent the User from accessing his Personal Area, to permanently remove his Data, as well as to terminate the Contract pursuant to art. 1456 of the Italian Civil Code 10.5 In the event of termination of the relationship by Carchain pursuant to art. 10.3 above, Carchain may demand payment of a penalty of € 1,000.00 (Euro one thousand // 00), without prejudice to the right to compensation for the greater damage suffered. 10.6 Carchain's internal complaints management system can be reached using the contact details in the User's Personal Area. This system is structured in compliance with art. 11 of the P2B Regulation. Furthermore, pursuant to art. 12 of the P2B Regulation, Carchain intends to cooperate with mediators whose contacts are indicated in the Personal Area and here . 11 DISCLAIMER OF CONTENT 11.1 Both Carchain and the User will be liable within the limits set by applicable law, unless otherwise indicated below. 11.2 The User will in any case be considered solely responsible for the Data published on the Site, as well as for their lawfulness, completeness, correctness, truthfulness and reliability. Carchain is therefore exonerated from any direct or indirect liability and / or damage suffered by the User in this regard, even if the Data has been made accessible, removed or obscured by it. 11.3 Carchain provides a service for the transmission and temporary storage of data and information provided by the User and, as such, does not act as a mediator or representative of the User or, in any case, on behalf of the User. Pursuant to and for the purposes of article 17 of Legislative Decree no. 70/2003, Carchain is not subject to an obligation to monitor the information transmitted or stored (including Data), nor to an obligation to actively search for facts or circumstances that indicate the presence of illegal activities on the Site and / or off the Site. 11.4 The User undertakes to indemnify and hold Carchain harmless from any prejudice in any case deriving to Carchain due to the publication of the Data and the use of the Site, the Carchain Database, the Services and the Personal Area by the User. and any other service, as well as as a result of violations of third-party rights caused by the publication of the User's Data on the Site or in any case by the use of the Services, the Carchain Database, the Personal Area or the Site or any other service by the User, including any violation of the rights of third parties by the User. 12. GUARANTEES 12.1 Carchain guarantees the availability of the Site database for at least 90% (ninety percent) of the calendar year. "Availability" means the possibility that the Contents can be entered in the Database and accessible through the Site by potential buyers of the Vehicles offered for sale by the User. 12.2 The maintenance of the system, the interruptions necessary for the so-called "off-line back-up", within reasonable terms, as well as the interruptions caused by situations of force majeure or other causes outside the control of Carchain, such as, by way of example, the emergency measures taken to prevent the spread of viruses. Carchain will endeavor to notify the User of the interruption of the Services in advance. 12.3 Carchain does not guarantee in any way neither a minimum number of accesses by potential buyers of the Vehicles offered for sale by the User on the Site, nor the success of the offers and announcements of the User published on the Site. 13. CARCHAIN LIABILITY 13.1 Carchain is as of now exonerated from any liability and / or damage, direct or indirect, suffered by the User as a result of any interruption of the Services and of any other services that occurred in accordance with the provisions of the Contract and / or due to breaches of the Agreement by the User. As for the images of the User's Vehicles visible on the Site, Carchain will not be held responsible for the quality of the reproductions of any discrepancies with respect to the reality of the object of the image, including any discrepancies in the color of the Vehicle object of the announcement. 13.2 As a partial exception to the above, following the loss of User Data due to a fact attributable to Carchain, the latter, given the User's obligation to retain the Data pursuant to these Conditions, will only be required to restoration of the Data that the User has provided after the inconvenience. 13.3 Except in cases of willful misconduct or gross negligence, Carchain will in any case be required to pay compensation for a maximum amount of € 10,000.00 (ten thousand euros) for any further hypotheses of liability of Carchain for damages suffered by the User. 13.4 The liability of Carchain cannot be limited or excluded in the event of willful misconduct and gross negligence, death or personal injury resulting from an act or omission of Carchain or from an action or omission of its agents or employees or for any other liability which it cannot be limited or excluded by law. 13.5 Carchain will not be responsible or liable to you for any losses you incur as the result of your use of the Ethereum or Polygon network or the electronic wallet, including but not limited to any losses, damages or claims arising from: (i) user error, such as forgotten passwords or incorrectly construed smart contracts or other transactions; (ii) server failure or data loss; (iii) corrupted wallet files; or (iv) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, brute forcing or other means of attack against the Site, Ethereum or polygon network, or the electronic wallet. 13.6 Car Digital ID are intangible digital assets that exist only by virtue of the ownership record maintained in the Ethereum or polygon network. All smart contracts are conducted and occur on the decentralized ledger within the Ethereum or polygon platform. We have no control over and make no guarantees or promises with respect to smart contracts. 13.7 Carchain is not responsible for losses due to blockchains or any other features of the Ethereum or polygon network or the electronic wallet, including but not limited to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting the Ethereum or polygon network, including forks, technical node issues, or any other issues having fund losses as a result. 13.8 There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Carchain will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum or Polygon network, however caused. 13.9 The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Carchain ecosystem, and therefore the potential utility of Carchain. 13.10 Upgrades by Ethereum or Polygon to the Ethereum or Polygon platform, a hard fork in the Ethereum or Polygon platform, or a change in how transactions are confirmed on the Ethereum or Polygon platform may have unintended, adverse effects on all blockchains using the ERC-20 and ERC-721 standard, including the Carchain ecosystem. 13.11 We are constantly innovating the Site to help provide the best possible experience. You acknowledge and agree that the form and nature of the Site, and any part of it, may change from time to time without prior notice to you, and that we may add new features and change any part of the Site at any time without notice. 14. USER LIABILITY 14.1 The Data transmitted by the User must comply with the "Requirements for the Contents of the Offers and the User Announcements on the Site" referred to in the following art. 15 and not have illegal content or content in violation of third party rights (such as, by way of example, copyrights, registered and de facto trademarks or rights to other distinctive signs) or any other content that could discredit or damage reputation of Carchain, other Users and third parties. 14.2 The User undertakes to indemnify and hold Carchain harmless from any claim by third parties deriving from the violation of the obligations assumed by the User pursuant to the previous art. 14.1, and to indemnify the damages suffered by Carchain caused by such violation, including the legal costs incurred. 15. REQUIREMENTS FOR USER CONTENT AND ADVERTISEMENTS 15.1 Data and Contents transmitted to Carchain and / or published by the User on the Site must be updated, truthful in form and in substance, reliable and compliant with what is indicated below. 15.2 The price of the Vehicle indicated in the advertisement must be the final price offered to the public, including VAT, not tied to the purchase of a loan, in exchange or scrapping. Transfer of ownership and IPT are excluded. 15.3 The data and any other content and information transmitted to Carchain and / or published by the User on the Site cannot contain: • illegal, untrue, incomplete, incorrect, outdated or fictitious content; • advertisements for vehicles offered for leasing without the express specification of the fact that they are not vehicles offered for sale and without the indication, in the appropriate "Public price" field, of the amount including installments, interest, expenses and the redemption price; • advertisements of import vehicles with an indication under the heading "price to the public" of figures that do not include nationalization; • advertisements relating to advertisements for products and services other than Vehicles; • vehicle advertisements with the indication of erroneous, misleading, deceptive, symbolic prices; • vehicle advertisements indicating partial prices or prices different from their full amount; • advertisements for Vehicles with a "Final Price" linked to a financial offer. The promotional price and the possibility of a financial offer may only be indicated in the description of the Vehicle; • advertisements for damaged vehicles without the relevant "damaged vehicle" tick; • the sale prices of Vehicles that do not include VAT for Vehicles whose sales are subject to VAT; • advertisements corresponding to Vehicles of the SHUANGHUAN CEO brand in any category of Vehicles and under any brand and model including the "other" category / brand. and "other" model; • advertisements for replica vehicles under any brand or model that are not "other" and "other" models; • advertisements with text version in the field that does not correspond to the version of the Vehicle; • advertisements not for the sale of Vehicles but which represent a request for a "car search" or "buy car"; • advertisements of Vehicles for which an "auction" is planned; • advertisements for Vehicles in which the description of the Vehicle does not correspond to the photograph on display; • advertisements relating to parts or spare parts of the Vehicles; • advertisements of vehicles already sold or in any case not available for sale; • advertisements of Vehicles sold individually or in stock whose sale is reserved for sector operators in the section addressed to the public even if provided with specific indication in the description of the announcement; • advertisements for Vehicles that do not present the offer to sell a Vehicle but whose sole purpose is to give visibility to a brand, to services, to a company or to social pages, websites, personal pages on other User and / or third party portals; • advertisements with images taken from other portals, from other advertisements, from persons who have not authorized their publication; • duplicate, tripled or repeated Vehicle advertisements of the same Vehicle with the same characteristics; • advertisements with an indication under the heading "public price" of a price linked to an offer with scrapping or reserved for categories of users. specific beneficiaries of the remuneration pursuant to law no. 104/92; • Vehicle advertisements containing racist, discriminatory, defamatory terminologies or with offensive and / or defamatory content towards ethnic groups, characters public or private; • advertisements of Vehicles whose sale is prohibited by law (eg Vehicles with administrative detention or seized). 15.4 The User's announcement published through the Site must truthfully and reliably indicate all the information requested by Carchain on the specific page of the Personal Area. Any defect or flaw in the Vehicle, regardless of whether it appreciably diminishes its usefulness or value, must be truthfully and reliably indicated. 15.5 It will not be allowed to indicate a telephone number that, directly or indirectly, could result in the customer being charged with onerous charges, such as by way of example, a number with the prefix "199" or international prefixes (without prejudice to the indication of the telephone area code of San Marino by Users based in that State). 15.6 The publication of advertisements in the name and on behalf of third parties, of third party data, of third party vehicles will not be allowed without the User having obtained their prior written authorization. In particular, it will not be allowed to indicate personal data of third parties (such as, by way of example, telephone numbers and addresses) without their prior consent. 15.7 In the field intended for the photographs of the Vehicle, the publication of images that do not reproduce the Vehicle offered by the User, such as, for example, images that reproduce design models, logos, brands or other distinctive signs, will not be allowed. 15.8 The User may publish only the images, goods subject to intellectual or industrial property, logos, signs and other distinctive signs of the company that the User is authorized to use and which do not violate industrial or intellectual property rights or rights on the distinctive signs of the third party company. Furthermore, the images cannot have any misleading content and must reproduce as reliably as possible the state of the Vehicle at the time of the offer on the Site. In the event that the User publishes images extracted from a catalog of Vehicles, from a magazine or from a website, he will have to specify this clearly. 16. NON-FUNGIBLE TOKEN OWNERSHIP; 16.1 The User owns the NFT. Each digital asset is a non-fungible token (an "NFT") on the Ethereum or Polygon blockchain. When you purchase a Car Digital ID (a "CDID"), you own the underlying NFT completely. This means that you have the right to trade your NFT, sell it, or give it away. Carchain’s approach for Car Digital ID is custodial, which means the ownership of the NFT is mediated entirely by Carchain’s. 16.2 If the User engage in any of the activities prohibited by the Section 14, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account and/or delete your Car Digital ID's images, document, and descriptions from the Site. If we delete your Carchain' images and descriptions from the Site, such deletion will not affect your ownership rights in any NFTs that you already Own. 16.3 The User may lose ownership of the NFT only if the real asset associated with the NFT is fake, not original, with the VIN changed, or in cases where the car has been reported as stolen and such information was not available at the creation time. 17. TRANSFER, SAFEGUARD CLAUSE 17.1 The User may not transfer the Contract and / or the rights and obligations deriving from the same to third parties, without the prior written consent of Carchain to be given via e-mail or certified e-mail, even in the case of the sale of a company or branch of company. 17.2 Carchain may assign the Contract and / or the rights and obligations deriving from it (i) to other companies of its group, without notice and provided that it is assigned to the same terms or to terms that are no less advantageous for the User; (ii) to third parties other than the companies of its group through the publication on the Site of a communication and / or a communication to the User via email or PEC, with a notice period of 30 (thirty) days. In this case, the User may withdraw from the Contract from the relationship within 30 (thirty) days of receipt of the aforementioned communication from Carchain. In the absence of withdrawal by the User within the times indicated above, the transfer to third parties will be considered accepted by the User. 17.3 It is understood that if a clause of the Contract is found to be incomplete, invalid or ineffective, even in part, the Contract will in any case be valid and effective between the parties. The parties undertake as of now to replace the incomplete, invalid or ineffective clause with a new clause that manifests as coherently as possible to the real intention of the parties. 18. APPLICABLE LAW AND COMPETENT COURT 18.1 The Contract is subject to Italian law. 18.2 The Court of Trieste (Italy) will have exclusive jurisdiction in the event of any dispute between Carchain and the User in relation to these GTC, the Services and / or the Agreement. 19 CONTACTS 19.1 For any questions about the Services, the Contract and these Conditions, the User may send an email to info@thecarchain.com or call +39 3515592773 from 9.00 to 18.00, from Monday to Friday (excluding holidays in Italy), or write to us at the following address: Carchain Srl, Via San Vito 9, 34124, Trieste (TS), Italy. Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the User declares to have read and accepted the following provisions of these GTC: 1.3 and 1.4 (General conditions and related amendments), from 2.4 to 2.10 (Subject and modification of the services); 3 (Rights of use); 4 (Software and application programs provided by carchain); 5 (Conclusion of the Contract); 7 (Rates and related modifications); 8 (Payments, delays and default of the User); 9 (Duration, withdrawal, resolution); 10 (Blocking of content or access and other sanctions - Internal complaints management and mediation system); 11 (Disclaimer for contents); 12 (Guarantees); 13 (Carchain Liability); 15 (Requirements for User Content and Advertisements); 17.1 and 17.2 (Transfer and safeguard clause); Art. 18 (Applicable law and competent court).