Our website address is:
gastroadvisor.com and all the subdomains belonging.
People use GastroAdvisor to share their experiences, connect with friends and family and create gastronomic communities.
We know how important it is for GastroAdvisor to create a place where people feel free to communicate and we take seriously our task of avoiding improper behavior in our service. That’s why we’ve developed a collection of Community Standards that describe what is and is not allowed on GastroAdvisor. Our regulations are based on feedback received from our community and expert advice in areas such as technology, public safety and human rights.
The goal of our community standards has always been to create a place where people can express themselves. This goal hasn’t changed. Creating communities and making the world more united depends on people’s ability to share different points of view, gastronomic experiences, ideas and information. We want people to be able to express themselves openly on gastronomic issues, although some people may disagree or find them questionable. In some cases, we allow content that would otherwise be contrary to our community standards, if it is relevant and public interest content. We proceed in this way only after having weighed the
Our commitment to freedom of expression is essential, but we are aware that the Internet creates new and greater opportunities for misuse. For this reason, we limit freedom of expression to protect one or more of the following values:
we want to make sure people see authentic content on GastroAdvisor. We believe that authenticity creates a better environment for sharing and for this reason we do not want people to use GastroAdvisor to mislead their identity or activities.
It is important to us that GastroAdvisor is a safe place. Expressions that threaten people can intimidate, exclude or limit the right of expression of others, therefore they are not allowed on GastroAdvisor.
we are committed to protecting information and personal privacy. Privacy gives people the freedom to be themselves, to choose how and when to share on GastroAdvisor and to connect more easily.
we believe that all people have equal dignity and rights. We expect people to respect the dignity of others and not to threaten or denigrate others.
Our Community Standards apply to everyone, worldwide and all types of content. They are designed to be complete: for example, content that may not be considered hate speech could still be removed for violation of other legislation. We know that words have different meanings and consequences for people based on the local community, language or cultural context. We strive hard to take these nuances into account and at the same time consistently and fairly apply our regulations to people and their right of expression.
People may report potentially infringing content, including groups, profiles, individual content and comments.
The consequences for violating community standards depend on the severity of the violation and the person’s background on the platform. For example, in the case of the first violation, we could only warn the person, but if he continues to violate our regulations, we may limit his ability to publish on GastroAdvisor or disable his profile. We may also inform law enforcement when, in our opinion, there is a real possibility of serious physical injury risks or direct threats to public safety.
Our Community Standards provide guidance on what is allowed and what is prohibited on GastroAdvisor. It is in this spirit that we ask members of the GastroAdvisor community to follow these guidelines.
We try to prevent possible offline acts of violence that could be related to content on GastroAdvisor. Although we know that it is common for people to express dislike or disapproval by threatening or inviting the use of violence in a playful way, we remove any content that seriously promotes or instigates violence. We will remove the contents, disable the accounts and collaborate with the police if we consider the possibility of serious risks of physical damage or direct threats to public safety to be real. We also try to consider language and context to distinguish random statements from content that could pose a real threat to public or personal security. To determine if a threat is credible,
In some cases, we detect hypothetical or desired threats directed against terrorists and other perpetrators of violent acts (eg “terrorists deserve to be killed”) and we believe that these threats are not credible in the absence of specific evidence to the contrary.
To prevent and stop actual acts of violence, we do not allow organizations or individuals who proclaim violent missions or are involved in violent actions to be present on GastroAdvisor. This includes organizations or individuals involved in the following activities:
Terrorism Organized hatred Mass murder (including attempts) or multiple murder Trafficking in human beings Organized violence or criminal activity
We also remove content that expresses support or praise from groups, leaders or individuals involved in these activities.
We prohibit people from promoting or advertising violent crime, theft and / or fraud because we do not tolerate such activities and because there is a risk of emulation. Furthermore, we do not allow people to talk about criminal activities or to confess crimes committed in person or by their collaborators. However, we do allow people to uphold the legality of criminal activity or to share their views as well as to talk about it in rhetorical or satirical terms.
To prevent and arrest actual violence, we prohibit people from facilitating or coordinating future criminal activities that could or could cause harm to people, businesses or animals. People can draw attention to dangerous activities that they may experience or witness without supporting or managing them.
To encourage safety and compliance with common legal restrictions, we prohibit attempts by individuals, manufacturers and retailers to buy, sell or trade non-medicinal products, drugs and marijuana except for MAX. We also prohibit the purchase, sale, gift, exchange and transfer of firearms, including parts of firearms or ammunition, between individuals on GastroAdvisor. Some of these items are not restricted anywhere; however, given the boundless nature of our community, we try to apply our regulations as uniformly as possible. Firearms stores and online retailers can promote items for sale through our services as long as they comply with applicable laws and regulations. You are allowed to discuss the sale of firearms and parts of firearms in stores or from online retailers and express your support for the change in firearms laws. Goods subject to legal restrictions that are not prohibited by our community standards may be governed by our stricter sales regulations.
In an attempt to prevent and stop malicious or fraudulent activities, we remove content intended to deliberately deceive people for unfair advantages or steal money, property or legal rights from others. However, we do allow people to raise awareness and inform other people and to condemn these activities while using our platform.
To encourage a safe environment on GastroAdvisor, we remove content that encourages suicide or self-harm, including real-time images and depictions that, according to experts, may be emulated by other people. Self-harm consists of hurting the body directly and intentionally, including self-mutilation and eating disorders. We want GastroAdvisor to be a space where people can share their experiences, make certain issues known and support each other, for this reason we allow people to talk about suicide and self-harm.
Instead, we remove any content that identifies and negatively addresses the victims or survivors of self-harm or suicide in a serious, humorous or rhetorical way.
We do not allow content that sexually exploits or endangers children. We know that sometimes people share nude images of their children with good intentions; however, we generally remove these images because others may abuse them and to prevent other people from reusing or misusing those images.
In an attempt to create a space for this discussion and to promote a safe environment, we remove content that expresses, alludes to or promotes sexual violence, sexual assault or sexual exploitation, also making available a space for victims to share their experiences with. We remove content that displays, supports or co-ordinates sexual acts with non-consenting parties or commercial sexual services, such as prostitution and escort services. Our goal is to discourage transactions that could involve illicit trafficking, coercion and non-consensual sexual acts.
To protect victims or people who have experienced this type of problem, we also remove images showing episodes of sexual violence and intimate images shared without the permission of the people portrayed.
Bullying and intimidation can occur anywhere and take various forms, from threats to share personal information to sending threatening messages, through unwanted malicious contacts. We do not tolerate these behaviors because they do not allow people to feel safe and respected on GastroAdvisor.
We recognize that bullying and intimidation can have a greater emotional impact on minors and that is why our regulations provide even greater protection for users between the ages of 13 and 18.
Context and intention are important, therefore we allow people to share and reshare posts if it is clear that they have been shared to condemn or draw attention to bullying and intimidation. In some cases, we request self-reporting because it helps us understand that the affected person feels bullied or intimidated.
In an effort to eliminate and prevent any harm, we remove content that facilitates or coordinates the exploitation of human beings, including trafficking in human beings. We define human trafficking as an activity that deprives people of freedom for profit. The exploitation of humans is aimed at forcing people to engage in sexual practices for profit, jobs or other activities against their will. This phenomenon is based on deception, strength and coercion and degrades human beings by depriving them of their freedom, while exploiting other people economically or materially.
Trafficking in human beings is a multi-faceted and global practice that can affect anyone, regardless of age, socio-economic background, ethnicity, gender or location. The phenomenon can take many forms and in some circumstances traffic can involve different stages of development. Given the coercive nature of this abuse, the victims are not willing.
Although care must be taken not to confuse human trafficking and trafficking, the two phenomena can be related and have common elements. Trafficking in human beings is a crime against a state, which is based on transfer, while trafficking in human beings is a crime against people, focused on exploitation.
Privacy and protection of personal information are very important for GastroAdvisor. We do our best to keep your account and personal information safe to protect you from possible physical or financial damage. You cannot publish personal or confidential information about others without first obtaining their consent. We also provide people with various ways to report images that, in their opinion, violate their privacy rights.
We do not allow hate speech on GastroAdvisor because they create an environment of intimidation and exclusion and, in some cases, can promote real violence.
We define hate speech as a direct attack on people based on aspects protected by law, such as race, ethnicity, nationality of origin, religion, sexual orientation, caste, sex, gender or gender identity and disability or Serious illnesses: We define the attack as a violent or dehumanizing speech, declarations of inferiority or incitements to exclusion or segregation.
We also allow humorous and social comments on these topics. In addition, we believe that the use of one’s identity drives people to be more responsible when sharing these types of comments.
We remove content that promotes violence or celebrates the suffering or humiliation of other people as this could create an environment that discourages participation.
We limit the display of nude images or sexual acts because some people in our community are particularly sensitive to this type of content. In addition, we remove sexual images by default to prevent sharing of non-consensual content or content with minors. The restrictions on viewing sexual acts also apply to digitally created content unless they are published for educational, humorous or satirical purposes.
The rules on nude content have varied more over time. We know that nude images can be shared for various reasons, including as a form of protest, to raise awareness of a cause or for educational or medical purposes.
As indicated in Section 8 of our Community Standards (Sexual Exploitation of Adults), people use GastroAdvisor as a place for discussion and a tool to draw attention to issues of violence and sexual exploitation. We recognize its importance and want to allow it to be discussed. We set a limit, however, when content facilitates, encourages or co-ordinates adult sexual encounters. Additionally, we limit the sexually explicit language that can lead to enticement as some audiences within our global community may be sensitive to this type of content and this may prevent people from connecting with their friends and the rest of the community.
We believe that people share and connect more freely when they don’t feel targeted based on their vulnerabilities. For this reason, we have higher expectations for content that expresses cruelty and insensitivity, which we define as content that addresses victims of serious physical or emotional cruelties.
We remove explicit attempts to mock victims and mark implicit attempts as cruel (many of which take the form of memes and GIFs). We also remove all forms of sadism towards people or animals.
We work hard to limit the spread of commercial spam to prevent misleading advertising, fraud and security breaches that undermine people’s ability to share and connect.
Authenticity is the pillar of our community. We believe that people are more responsible for their statements and actions when they use their authentic identity. That’s why we ask people to connect to GastroAdvisor with the name they use in everyday life. Our authenticity regulations are designed to create a safe environment in which people can trust and feel mutually responsible.
Reducing the spread of fake news on GastroAdvisor is a very important responsibility for us. We also recognize that it is a complex and delicate issue. We want to help people stay informed without hindering a productive public debate. The line between false news and satire or opinions is a fine line. For these reasons, we do not remove fake news from GastroAdvisor, but we reduce its spread.
In the event of a user’s death, friends and family may request that their account be made commemorative.
In line with our commitment to authenticity, we do not allow people to misrepresent themselves on GastroAdvisor, use fake accounts, artificially increase the popularity of content, or adopt behaviors aimed at allowing other violations under our Community Standards . The purpose of this regulation is to create a space in which people can trust the people and communities with which they interact.
GastroAdvisor takes intellectual property rights seriously and believes that they are important for promoting the possibility of expressing ourselves, creativity and innovation in our community. The user is the owner of all content and information published on GastroAdvisor, however, before sharing content on GastroAdvisor, make sure that you have the necessary rights. Please respect other people’s copyrights, trademarks and other legal rights. We are committed to helping people and organizations to promote and protect their intellectual property rights.
User requests for removal of their account. Requests for removal of the account of a deceased user by a close family member or verified performer. Requests for removal of an invalid user account by an authorized representative.
The website https://www.gastroadvisor.com (hereinafter referred to as the “Website”) and
the sale of FORK Tokens are operated by GastroAdvisor Sagl, CHE-349.905.151 , with
registered office in Lugano, Switzerland (hereinafter referred to as the “Company”). The
Company is a commercial entity proceeding to the GastroAdvisor Token Sale for the sole
purpose of developing and financing its commercial activity and to execute its vision in strict
compliance with its company purpose. Please note that the Company is not acting as a
financial entity or as an asset manager in the framework of the GastroAdvisor Token Sale.
Any contributions collected through the GastroAdvisor Token Sale will be only used for the
purpose of developing and financing the commercial activities of the Company in connection
to the GastroAdvisor platform, as defined in this page. The purchase of the FORK
Tokens will help the Company develop the GastroAdvisor Project, but will not provide the
purchaser with any equity, asset, bond, security, derivative or any other financial instrument.
On the GastroAdvisor FoodSocialBlog the FORK Tokens are a counter of Tokens reserved for you, exchangeable and transferable at any time.
The token of GastroAdvisor (FORK) will be used
as a reward for the users who, by booking and reviewing, contribute to the GA community,
while some rewards will be donated to the hospitality employers who will affiliate to GA,
contributing to get proper information. In addition to the
search browser of the gastronomic venues, the first entirely gastronomic social network
(SocialFood) will be created. This will make it possible to discover, with just a couple of
clicks, news and activities of all the users of the community. The FORK tokens will be
generated on the Ethereum Blockchain with an Ethereum Standard ERC20 smartcontract.
ERC20 allows the immediate issue of the FORK tokens during the GastroAdvisor Token
The User understands and accepts that the development and execution of
the GastroAdvisor Project is solely and exclusively of the competence of the Company.
TheCompany shall be entirely free in its way of developing and executing the GastroAdvisor
Project, in particular (and among other measures) by engaging any subcontractors it would
deem necessary to perform the entire or partial development and execution of the
GastroAdvisor Project. The User understands and agrees that, for the purpose of the development and
execution of the GastroAdvisor Project, the Company will receive a sum in cryptocurrency
that will cover expenses, charges and other costs that may arise in relation to the Company
and/or its subcontractors as part of the development and execution of the GastroAdvisor
Project. The User
understands and agrees that the GastroAdvisor Project is still at its beginnings and will need
to go through substantial development works. As a consequence, it may undergo significant
conceptual, technical and commercial changes before release, the identification and
implementation of which are fully and entirely of the Company’s discretion. The User is
aware of the risk that even if all or parts of the GastroAdvisor Project are successfully
developed and released in full or in part, the GastroAdvisor Project could, due to a lack of
public interest, be fully or partially abandoned, suspended, remain commercially
unsuccessful or be shut down for lack of interest, funds, regulatory reasons or any other
reasons. Such reasons, as well as any of their consequences, shall be assessed and
evaluated by the Company itself. The Company shall therefore be fully and entirely free to
take any and all measures it would deem necessary or appropriate. The User understands
and agrees that the purchase of FORK Tokens carries significant financial, regulatory and/or
reputational risks (including the complete loss of value of FORK Tokens)
The User undertaking to purchase FORK Tokens in relation to the GastroAdvisor Token
Sale should ensure that she/he understands and has significant experience of tokens,
cryptocurrencies, blockchain systems and services, and that she/he fully understands the
risks associated with the GastroAdvisor Token Sale as well as the mechanism related to the
use and custody of cryptocurrencies. The Company shall not be responsible for any loss of
FORK Tokens or situations making it impossible to access to FORK Tokens, which may
result in any actions or omissions of the future User or any person undertaking to purchase
Purchasing and storing FORK Tokens involves various risks, in particular that the Company
may not be able to launch its operations and develop its platform. Therefore, and prior to
purchasing FORK Tokens, any User should carefully consider the risks, costs, and benefits
of purchasing FORK Tokens within the GastroAdvisor Token Sale, and, if necessary, obtain
independent advice in this regard. Any interested person who is not in the position to accept
nor to understand the risks associated with the activity (incl. the risks related to the
non-development of the GastroAdvisor Project and operations) or any other risks as
indicated in the T&C, should not purchase FORK Tokens, at this stage or later. The User
understands the inherent risks associated with the blockchain technology and
cryptocurrencies, including, but not limited to, those listed hereinafter: ● Risks associated
with the blockchain; ● Regulatory risks; ● Risks associated with abandonment / lack of
success; ● Risks associated with other applications; ● Risks associated with a loss of private
key; ● Risks associated with your wallet; ● Risks associated with theft/hacks; ● Risks
associated with Ethereum mining attacks; ● Risks associated with a lack of consensus; ●
Risks associated with depreciation; ● Risks associated with forking; ● Risks associated with
The T&C shall not and cannot be considered as an invitation to enter into an investment.
They do not constitute or relate in any way nor should they be considered as an offering of
securities in any jurisdiction. The T&C do not include or contain any information or indication
that might be considered as a recommendation or that might be used to base any
investment decision. This document does not constitute an offer or an invitation to sell
shares, securities or rights belonging to the Company or any related or associated company.
FORK Tokens are not intended to be used as an investment. Any information in the T&C is
given for general information purpose only and the Company does not provide with any
warranty as to the accuracy and completeness of this information. The offering of FORK
Tokens on a trading platform is done in order to allow the purchase of services on the
Company platform and not for speculative purposes. The Company will be an operative
entity managing the platform related to the GastroAdvisor Project. The Company is not a
financial intermediary according to Swiss Law and is not required to obtain any authorization
for Anti Money Laundering purpose. Regulatory authorities are carefully scrutinizing
businesses and operations associated to cryptocurrencies in the world. In that respect,
regulatory measures, investigations or actions may affect the Company’s business and even
limit or prevent it from developing its operations in the future. Any person undertaking to
purchase FORK Tokens must be aware that the Company business model and the T&C may
change or need to be modified because of new regulatory and compliance requirements
from any applicable laws in any jurisdictions. In such case, any person undertaking to
purchase FORK Tokens acknowledge and understand that neither the Company nor any of
its affiliates shall be held liable for any direct or indirect loss or damages caused by such
changes. The Company will do its best to launch its operations and develop the platform
related to the GastroAdvisor Project. Any person undertaking to purchase FORK Tokens
acknowledges and understands that the Company does not provide any guarantee that it will
manage to achieve it. Purchasing FORK Tokens shall not grant any right or influence over
the Company’s organization and governance to the Users. These tokens will be issued by a
technical process referred to as a “Blockchain”. This is an open source IT protocol over
which the Company has no rights or liability in terms of its development and operation. The
token distribution mechanism will be controlled by a Smart Contract; this involves a computer
program that can be executed on the Ethereum network or on another blockchain network
that is compatible with the Smart Contract programming language. User acknowledge and
understand therefore that The Company (incl. its bodies and employees) assumes no liability
or responsibility for any loss or damage that would result from or relate to the incapacity to
use the FORK Tokens, excepted in case of intentional misconduct or gross negligence.
FORK Tokens is based on the Ethereum protocol. Therefore, any malfunction, unplanned
function or unexpected operation of the Ethereum protocol may cause the FORK Tokens
network to malfunction or operate in a way that is not expected. Employees of The Company
are allowed to operate with FORK Tokens at market price if they are not in knowledge of
information that may modify the price of the FORK Tokens.
REPRESENTATION AND WARRANTIES
By participating in the GastroAdvisor Token Sale, Users agrees to the T&C and in particular,
they represent and warrant that they:
1) have read and understood the content of these T&C;
2) are authorized and have full power to purchase FORK Tokens according to the laws that
apply in their jurisdiction of domicile;
3) are not a U.S. citizen, resident or entity (a “U.S. Person”) nor are they purchasing FORK
Tokens or signing on behalf of a U.S. Person;
4) are not a Chinese resident nor are they purchasing FORK Tokens or signing on behalf of
a Chinese resident;
5) have provided true and accurate information within any KYC procedure linked to the
GastroAdvisor Token Sale;
6) do not act on behalf of any third party which has not been disclosed in the KYC
7) are familiar with all related regulations in the specific jurisdiction in which they are based
and that purchasing cryptographic tokens in that jurisdiction is not prohibited, restricted or
subject to additional conditions of any kind;
8) are not acting for the purpose of speculative investment;
9) live in a jurisdiction which allows the Company to sell the FORK Tokens through the
GastroAdvisor Token Sale without requiring any local authorization;
10) does not lives in a jurisdiction which is qualifying token issued through a crowd sale as
11) will not use the GastroAdvisor Token Sale for any illegal activity, including but not limited
to money laundering and the financing of terrorism;
12) are solely responsible for determining whether the acquisition of FORK Tokens is
appropriate for them;
13) are purchasing FORK Tokens exclusively for use of the Company Services related to the
14) understand the risks associated with the GastroAdvisor Token Sale (incl. the risks
related to the non-development of the Company network and operations) and
15) understand the use of tokens, cryptocurrencies and its associated risks;
16) acknowledge and accepts that the FORK Tokens Sale is taking place within a Swiss
legal environment that is still under development;
17) acknowledge and agree that the GastroAdvisor Token Sale is not a collective investment
scheme or a sale of derivatives whatsoever;
18) understand and agree that the GastroAdvisor Token Sale is not done under the
supervision of any regulator, including the Swiss Financial Market Supervisory Authority
19) acknowledge that the T&C do not represent a prospectus for the issuance of bonds,
securities or other investment instruments;
20) acknowledge and agree that neither the T&C, nor any of the FORK Tokens, have been
or will be registered or filed under the securities laws or regulations of any jurisdiction or
approved, recommended or disapproved by any securities or other regulatory authority nor
has any such authority confirmed the accuracy or determined the adequacy of the T&C.
Users bear the sole responsibility to determine if their participation to the GastroAdvisor
Token Sale for the development of the GastroAdvisor Project, the transfer of
cryptocurrencies to the Company, the purchase, acceptance, ownership or use of FORK
Tokens, the potential appreciation or depreciation in the value of FORK Tokens over time (if
any), or the allocation of FORK Tokens and/or any other action or transaction related to the
GastroAdvisor Project has tax implications. By purchasing, holding, or using FORK Token,
and to the extent permitted by law, the User agrees not to hold any third party (including
developers, auditors, contractors or founders) liable for any tax liability associated with or
arising from the purchase, ownership or use of FORK Tokens or any other action or
transaction related to the GastroAdvisor Project. It the User’s sole responsibility to comply
with all applicable tax laws, including, but not limited do, the reporting and payment of
income tax or similar arising in connection with the appreciation and depreciation of FORK
Tokens. The Users bear the sole responsibility to determine such implications and act in
accordance with the law that applies to them.
- INTELLECTUAL PROPERTY RIGHTS
To the extent that copyright or other intellectual property rights exist in the Company
platform, such as software, know-how, analysis or programs, those copyrights and other
intellectual and industrial rights belong to the Company. The Company hereby declares that
it is fully entitled to use the trademark “GastroAdvisor”.
- LIMITATION OF LIABILITY
The Company, as well as its officers, directors, agents, joint ventures, employees, suppliers
and advisors, assumes no liability or responsibility for any loss raised from the GastroAdvisor
Token sale, arising out of or related to the use of the Company platform or any technical,
interruption or malfunction of the Company platform.
TO THE EXTENT PERMITTED BY LAW, THE COMPANY HEREBY EXCLUDES: (I) ALL
CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE
IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY; AND (II) ANY
LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR
DAMAGE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, LOSS OF
DATA, LOSS OF PROGRAMS, LOSS OF INCOME OR REVENUE; LOSS OF BUSINESS;
LOSS OF TOKENS; LOSS OF PROFITS OR CONTRACTS; LOSS OF ANTICIPATED
SAVINGS; LOSS OF GOODWILL, CLIENT INSATISFACTION, WEBSITE
INTERRUPTIONS) WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH
OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, INCURRED BY ANY
PARTICPANT ARISING OUT OF THE GastroAdvisor TOKEN SALE, THE SMART
CONTRACT, THE GastroAdvisor PROJECT, THE WEBSITE, THE WHITE PAPER OR
THESE T&C. IN NO EVENT SHALL THE COMPANY, MEMBERS OF THE COMPANY
BOARD, STAFF, DIRECTORS, SHAREHOLDERS, CONTRACTORS, DEVELOPERS, OR
VOLUNTEERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
GastroAdvisor TOKEN SALE, THE SMART CONTRACT, SERVICES OR PRODUCTS
OFFERED BY THE COMPANY, OR THE GastroAdvisor PROJECT, THE WEBSITE, THE
WHITE PAPER OR THESE T&C. THE COMPANY SHALL NOT BE CONSIDERED LIABLE
FOR ANY ADVERTISEMENT, PUBLIC ANNOUCEMENT OR PRESS RELEASE MADE IN
RELATION TO THE GastroAdvisor TOKEN SALE. THE COMPANY SHALL NOT BE
CONSIDERED LIABLE FOR ANY SECURITY RISK SUCH AS HACKER ATTACKS, LOSS
OF PASSWORD, LOSS OF PRIVATE KEY OR SIMILAR, BUGS OR ERRORS IN CODE,
TEXT, OR IMAGES INVOLVED IN THE SALE OR IN THE WALLET USED IN RELATION
TO THE GastroAdvisor TOKEN SALE OR FOR ANY DAMAGES OR LOSSES RESULTING
FROM THE VOLATILITY IN PRICING OF PILLARS IN ANY COUNTRIES AND
CRYPTOCURRENCY EXCHANGES. THE COMPANY SHALL NOT BE HELD LIABLE TO
AND SHALL NOT ACCEPT ANY LIABILITY, OBLIGATION, OR RESPONSIBILITY
WHATSOEVER FOR ANY CHANGE OF THE VALUE OF FORK TOKENS. THE USER
UNDERSTANDS AND EXPRESSLY AGREES THAT COMPANY SHALL NOT
GUARANTEE IN ANY WAY THAT FORK TOKENS MAY BE SOLD OR TRANSFERRED
DURING OR AFTER THE GastroAdvisor TOKEN SALE. IF APPLICABLE LAW DOES NOT
ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO
THE PARTICIPANT, THE LIMITATIONS WILL APPLY TO THE USER ONLY TO THE
EXTENT PERMITTED BY APPLICABLE LAW. THE USER UNDERSTANDS AND AGREES
THAT IT IS HIS/HER OBLIGATION TO ENSURE COMPLIANCE WITH ANY LEGISLATION
RELEVANT TO HIS/HER COUNTRY OF DOMICILE CONCERNING PURCHASING OF
FORK TOKENS. THE COMPANY WILL NOT BE LIABLE FOR (PARTIAL)
INTERRUPTIONS TO AND DOWNTIME OF THE WEBSITE OR THE ETHEREUM
BLOCKCHAIN DUE TO REPAIR, MAINTENANCE OR UPDATE WORK OR FOR ANY
OTHER REASONS THAT IT CANNOT DIRECTLY CONTROL. BY PURCHASING FORK
TOKENS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE NOT
TO HOLD THE COMPANY OR ANY DIRECTOR, EMPLOYEE OR CONTRACTOR OF THE
COMPANY LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED TO YOUR FAILURE TO PROPERLY SECURE YOUR PRIVATE KEY
TO THE WALLET CONTAINING YOUR FORK TOKENS: (I.E. BUT NOT LIMITED TO)
HACKER’S ATTACKS, STOLEN DEVICES, LOSS OF PASSWORDS, ETC. IF
APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION
OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO
THE EXTENT PERMITTED BY APPLICABLE LAW. IN ANY EVENT, THE COMPANY WILL
NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE
GastroAdvisor TOKEN SALE OR ANY TRANSACTION, WHETHER IN TORT (INCLUDING
NEGLIGENCE), IN CONTRACT OR OTHERWISE, MORE THAN THE VALUE OF EACH
SPECIFIC TRANSACTION. YOU UNDERSTAND AND AGREE THAT BY FILING ANY
CLAIM MORE THAN THIRTY (30) AFTER THE DISCOVERY OF THE ALLEGED
LIABILITY, YOU WILL BE DEEMED TO HAVE FORFEITED YOUR RIGHTS. ANY SUCH
CLAIM SHALL BE TIME-BARRED.
TO THE EXTENT PERMITTED PURSUANT TO APPLICABLE LAW, THE USER SHALL
INDEMNIFY, DEFEND, AND HOLD THE COMPANY AND/OR ITS RESPECTIVE PAST,
PRESENT AND FUTURE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS,
CONSULTANTS, VOLUNTEERS, EQUITY HOLDERS, SUPPLIERS, VENDORS, SERVICE
PROVIDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS AND
REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS,
DAMAGES (INCLUDING REPUTATIONAL), LOSSES, SUITS, ACTIONS, DEMANDS,
PROCEEDINGS, EXPENSES, AND/OR LIABILITIES (INCLUDING BUT NOT LIMITED TO
REASONABLE ATTORNEYS’ FEES INCURRED AND/OR THOSE NECESSARY TO
SUCCESSFULLY ESTABLISH THE RIGHT TO INDEMNIFICATION) FILED/INCURRED BY
ANY THIRD PARTY AGAINST THE COMPANY IN CONNECTION WITH THE FORK
TOKENS ARISING OUT OF A BREACH OF ANY WARRANTY, REPRESENTATION, OR
By participating to the GastroAdvisor Token Sale, Users agree that their personal data will
Users data are protected according to the Federal Act on Data Protection and according to
the GDPR (The European Union General Data Protection Regulation), when applicable. If
required in order to deliver the requested services, the Company can transfer the Users’
data to third parties, like custodian banks, even abroad. Users agree that the Company, and
all its related entities, are entitled to disclose User data to comply with legal or regulatory
obligations as well as to safeguard legitimate interests.
Severability / Good Faith Should any part or provision of these T&C be held to be invalid or
unenforceable by any competent Court, governmental or administrative authority having
jurisdiction, the other provisions of these T&C shall nonetheless remain valid and be
replaced with a substitute provision that best reflects the economic intentions of the replaced
provision without being unenforceable. The same shall apply if and to the extent that these
T&C are found to contain any gaps or omissions. No Partnership and/or joint venture By
transferring cryptocurrency to the Company, no form of partnership or joint venture or any
similar relationship between the User and the Company and/or the setting up of the
GastroAdvisor project is created. Purchasing of FORK Tokens by the User in no way creates
any exclusive relationship between the User and the Company, nor any partnership, joint
venture, employment, or agency. No Waiver The failure of any of the Company to enforce
any of the provisions of these T&C or any rights with respect thereto shall in no way be
considered as a waiver of such provisions or rights or in any way affect the validity of these
T&C. Entire Agreement & Severability These T&C and any amendments or modifications
made by the Company from time to time, shall constitute the entire agreement between you
and the Company. Contact GastroAdvisor Sagl, Lugano via serafino balestra 18, 6900 ,
- APPLICABLE LAW AND JURISDICTION
The T&C are subject to and governed by Swiss Law to the exclusion of Swiss International
Private Law and any International Treaties. Any User and The Company agree to seek an
amicable settlement prior to bringing any legal action. All disputes arising from or under
these T&C shall be resolved by arbitration in accordance with the Swiss Rules of
International Arbitration of the Swiss Chambers of Commerce in force on the date when the
Notice of Arbitration is submitted in accordance with these Rules. The arbitration panel shall
consist of one arbitrator only. The seat of the arbitration shall be Lugano, Switzerland. The
arbitral proceedings shall be conducted in English.