Common use of Acknowledgements, Representations and Warranties Clause in Contracts

Acknowledgements, Representations and Warranties. 8.1. By accepting these Terms, you represent and warrant to each KyberSwap Affiliate as follows: 8.1.1 you acknowledge and agree that no KyberSwap Affiliate shall have any responsibility or obligation in any form or manner whatsoever to any person to whom any Request Tokens received by you in connection to Token Exchange are sold or transferred by you at any time; 8.1.2 you acknowledge and agree that the Supported Tokens you are seeking to engage in a Token Exchange are not to be construed, interpreted, classified or treated as: a) any kind of Distributed Ledger Technology (DLT) Asset other than a Digital Asset Token; b) a financial instrument under the Securities and Investment Business Act and relevant documents; c) units in a business trust; d) derivatives of units in a business trust; or e) any form of investment. 8.1.3 you acknowledge and agree that the Supported Tokens do not and are not intended to constitute securities or financial instruments of any form, units in a business trust, units in a collective investment scheme, derivative contracts, spot foreign exchange contracts for the purpose of leveraged foreign exchange trading, or any other form of investment in any jurisdiction and these Terms do not and are not intended to constitute an offer of securities or financial instruments of any form, units in a business trust, units in a collective investment scheme, derivative contracts, spot foreign exchange contracts for the purpose of leveraged foreign exchange trading or any other form of investment in any jurisdiction or a solicitation for any form of investment in any jurisdiction; 8.1.4 you acknowledge and agree that neither the Services nor any of the Supported Tokens shall be construed, interpreted, classified or treated as enabling, or according any opportunity to you to participate in or receive profits, income, or other payments or returns arising from or in connection with the Services and the Supported Tokens, or to receive sums paid out of such profits, income, or other payments or returns; 8.1.5 you acknowledge that no regulatory authority has examined or approved of these Terms, no such action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction, and the provision of these Terms to you does not imply that the applicable laws, regulatory requirements or rules have been complied with; 8.1.6 you have read and understood all of these Terms including the Annexes hereto; 8.1.7 any User Address provided by you is fully operational, secure and valid; 8.1.8 you are not personally or acting on behalf of a Disqualified Person/Entity; 8.1.9 you have full power and capacity to accept these Terms and perform all your obligations hereunder and in case where you are accepting these Terms on behalf of a company: a) such corporation is duly incorporated and validly existing under the Applicable Laws of its country; and b) you are duly authorised to accept these Terms and procure the performance of obligations hereunder. 8.1.10 you have a basic degree of understanding of the operation, functionality, usage, storage, transmission mechanisms and other material characteristics of cryptocurrencies, DLT assets and tokens including Supported Tokens, blockchain-based software systems, cryptocurrency wallets, or other related token storage mechanisms, token exchanges and decentralised token exchanges, blockchain technology, and smart contract technology; 8.1.11 you are fully aware of, understand and agree to assume all the risks (including direct, indirect or ancillary risks) associated with the Services, the Website, KyberSwap, the Supported Tokens, your use of the Exchange Services, any wallet used in connection with the Exchange Services, User Address, your provision of User Address, the KyberSwap Platform, and the Kyber Protocol Smart Contract Address, including but not limited to the risks set out in the Annex 1 hereto; 8.1.12 these Terms constitute legal, valid and binding obligations on you, which are enforceable in accordance with these Terms. It is your obligation to ensure that neither your use of the Services, nor any purchase, receipt, or holding of any Supported Token is in breach or contravention of any Applicable Laws in your jurisdiction; 8.1.13 you are not a citizen or resident of any jurisdiction in which either the use of the Services, exchange, purchase, receipt, or holding of Supported Tokens is prohibited, restricted, curtailed, hindered, impaired or otherwise adversely affected by any Applicable Laws; 8.1.14 no consent, approval, order or authorisation of, or registration, qualification, designation, declaration or filing with, any regulatory authority in any jurisdiction (the “Approvals”) is required on your part in connection with your use of the Services, or where any Approvals are required, such Approvals have been obtained and remain valid and in full force and effect; 8.1.15 the Offer Tokens to be used for Token Exchange have not been obtained through any acts in connection with money laundering, terrorism financing or any other acts in breach or contravention of any Applicable Law; 8.1.16 you have sufficient Digital Asset Tokens to fulfil your obligations under these Terms; 8.1.17 Request Tokens to be delivered to and received by you will not be used for any purpose in connection with money laundering, terrorism financing or any other acts in breach or contravention of any Applicable Laws; 8.1.18 you are using the Services as principal and for your own benefit and you are not acting on the instructions of, or as nominee or agent for or on behalf of any other person; and 8.1.19 all of the above representations and warranties are true, complete, accurate and non- misleading from the time of your acceptance of these Terms. 8.2. None of the KyberSwap Affiliates makes or purports to make, and each KyberSwap Affiliate hereby disclaims, any representation or warranty in any form whatsoever, including any representation or warranty in relation to: 8.2.1 the Supported Tokens; 8.2.2 the information set out in the Whitepaper, the Website or any other place; 8.2.3 any KyberSwap Affiliate; 8.2.4 the Services; 8.2.5 any Token Exchange; 8.2.6 your User Address; 8.2.7 the Smart Contract Address; 8.2.8 the Website; or 8.2.9 the KyberSwap Platform.

Acknowledgements, Representations and Warranties. 8.1. By accepting these Terms, you represent and warrant to each KyberSwap YoloSwap Affiliate as follows: 8.1.1 (a) you acknowledge and agree that no KyberSwap YoloSwap Affiliate shall have any responsibility or obligation in any form or manner whatsoever to any person to whom any Request Tokens received by you in connection to Token Exchange are sold or transferred by you at any time; 8.1.2 (b) you acknowledge and agree that the Supported Tokens you are seeking to engage in a Token Exchange are not to be construed, interpreted, classified or treated as: a(i) any kind of Distributed Ledger Technology (DLT) DLT Asset other than a Digital Asset TokenVirtual Financial Asset; b(ii) a financial instrument under the Securities and Investment Business Act and relevant documentsin terms of MiFID (Directive 2004/39/EC); c(iii) units in a business trust; d(iv) derivatives of units in a business trust; or e(v) any form of investment.; 8.1.3 (c) you acknowledge and agree that the Supported Tokens do not and are not intended to constitute securities or financial instruments of any form, units in a business trust, units in a collective investment scheme, derivative contracts, spot foreign exchange contracts for the purpose of leveraged foreign exchange trading, or any other form of investment in any jurisdiction and these Terms do not and are not intended to constitute an offer of securities or financial instruments of any form, units in a business trust, units in a collective investment scheme, derivative contracts, spot foreign exchange contracts for the purpose of leveraged foreign exchange trading or any other form of investment in any jurisdiction or a solicitation for any form of investment in any jurisdiction; 8.1.4 (d) you acknowledge and agree that neither the Services nor any of the Supported Tokens shall be construed, interpreted, classified or treated as enabling, or according any opportunity to you to participate in or receive profits, income, or other payments or returns arising from or in connection with the Services and the Supported Tokens, or to receive sums paid out of such profits, income, or other payments or returns; 8.1.5 (e) you acknowledge that no regulatory authority has examined or approved of these Terms, no such action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction, and the provision of these Terms to you does not imply that the applicable laws, regulatory requirements or rules have been complied with; 8.1.6 (f) you have read and understood all of these Terms including the Annexes hereto; 8.1.7 (g) any User Address provided by you is fully operational, secure and valid; 8.1.8 (h) you are not personally or acting on behalf of a Disqualified Person/Entity; 8.1.9 (i) you have full power and capacity to accept these Terms and perform all your obligations hereunder and in the case where you are accepting these Terms on behalf of a company: a) such corporation is duly incorporated and validly existing under the Applicable Laws of its country; and b) you are duly authorised to accept these Terms and procure the performance of obligations hereunder. 8.1.10 you have a basic degree of understanding of the operation, functionality, usage, storage, transmission mechanisms and other material characteristics of cryptocurrencies, DLT assets and tokens including Supported Tokens, blockchain-based software systems, cryptocurrency wallets, or other related token storage mechanisms, token exchanges and decentralised token exchanges, blockchain technology, and smart contract technology; 8.1.11 you are fully aware of, understand and agree to assume all the risks (including direct, indirect or ancillary risks) associated with the Services, the Website, KyberSwap, the Supported Tokens, your use of the Exchange Services, any wallet used in connection with the Exchange Services, User Address, your provision of User Address, the KyberSwap Platform, and the Kyber Protocol Smart Contract Address, including but not limited to the risks set out in the Annex 1 hereto; 8.1.12 these Terms constitute legal, valid and binding obligations on you, which are enforceable in accordance with these Terms. It is your obligation to ensure that neither your use of the Services, nor any purchase, receipt, or holding of any Supported Token is in breach or contravention of any Applicable Laws in your jurisdiction; 8.1.13 you are not a citizen or resident of any jurisdiction in which either the use of the Services, exchange, purchase, receipt, or holding of Supported Tokens is prohibited, restricted, curtailed, hindered, impaired or otherwise adversely affected by any Applicable Laws; 8.1.14 no consent, approval, order or authorisation of, or registration, qualification, designation, declaration or filing with, any regulatory authority in any jurisdiction (the “Approvals”) is required on your part in connection with your use of the Services, or where any Approvals are required, such Approvals have been obtained and remain valid and in full force and effect; 8.1.15 the Offer Tokens to be used for Token Exchange have not been obtained through any acts in connection with money laundering, terrorism financing or any other acts in breach or contravention of any Applicable Law; 8.1.16 you have sufficient Digital Asset Tokens to fulfil your obligations under these Terms; 8.1.17 Request Tokens to be delivered to and received by you will not be used for any purpose in connection with money laundering, terrorism financing or any other acts in breach or contravention of any Applicable Laws; 8.1.18 you are using the Services as principal and for your own benefit and you are not acting on the instructions of, or as nominee or agent for or on behalf of any other person; and 8.1.19 all of the above representations and warranties are true, complete, accurate and non- misleading from the time of your acceptance of these Terms. 8.2. None of the KyberSwap Affiliates makes or purports to make, and each KyberSwap Affiliate hereby disclaims, any representation or warranty in any form whatsoever, including any representation or warranty in relation to: 8.2.1 the Supported Tokens; 8.2.2 the information set out in the Whitepaper, the Website or any other place; 8.2.3 any KyberSwap Affiliate; 8.2.4 the Services; 8.2.5 any Token Exchange; 8.2.6 your User Address; 8.2.7 the Smart Contract Address; 8.2.8 the Website; or 8.2.9 the KyberSwap Platform.

Acknowledgements, Representations and Warranties. 8.1. By accepting these Terms, you represent and warrant to each KyberSwap Scurdex Affiliate as follows: 8.1.1 : you acknowledge and agree that no KyberSwap Scurdex Affiliate shall have any responsibility or obligation in any form or manner whatsoever to any person to whom any Request Tokens received by you in connection to Token Exchange are sold or transferred by you at any time; 8.1.2 ; you acknowledge and agree that the Supported Tokens you are seeking to engage in a Token Exchange are not to be construed, interpreted, classified or treated as: a) any kind of Distributed Ledger Technology (DLT) Asset other than a Digital Asset Token; b) a financial instrument under the Securities and Investment Business Act and relevant documents; c) units in a business trust; d) derivatives of units in a business trust; or e) any form of investment. 8.1.3 . you acknowledge and agree that the Supported Tokens do not and are not intended to constitute securities or financial instruments of any form, units in a business trust, units in a collective investment scheme, derivative contracts, spot foreign exchange contracts for the purpose of leveraged foreign exchange trading, or any other form of investment in any jurisdiction and these Terms do not and are not intended to constitute an offer of securities or financial instruments of any form, units in a business trust, units in a collective investment scheme, derivative contracts, spot foreign exchange contracts for the purpose of leveraged foreign exchange trading or any other form of investment in any jurisdiction or a solicitation for any form of investment in any jurisdiction; 8.1.4 ; you acknowledge and agree that neither the Services nor any of the Supported Tokens shall be construed, interpreted, classified or treated as enabling, or according any opportunity to you to participate in or receive profits, income, or other payments or returns arising from or in connection with the Services and the Supported Tokens, or to receive sums paid out of such profits, income, or other payments or returns; 8.1.5 ; you acknowledge that no regulatory authority has examined or approved of these Terms, no such action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction, and the provision of these Terms to you does not imply that the applicable laws, regulatory requirements or rules have been complied with; 8.1.6 ; you have read and understood all of these Terms including the Annexes hereto; 8.1.7 ; any User Address provided by you is fully operational, secure and valid; 8.1.8 ; you are not personally or acting on behalf of a Disqualified Person/Entity; 8.1.9 ; you have full power and capacity to accept these Terms and perform all your obligations hereunder and in case where you are accepting these Terms on behalf of a company: a) such corporation is duly incorporated and validly existing under the Applicable Laws of its country; and b) you are duly authorised to accept these Terms and procure the performance of obligations hereunder. 8.1.10 . you have a basic degree of understanding of the operation, functionality, usage, storage, transmission mechanisms and other material characteristics of cryptocurrencies, DLT assets and tokens including Supported Tokens, blockchain-based software systems, cryptocurrency wallets, or other related token storage mechanisms, token exchanges and decentralised token exchanges, blockchain technology, and smart contract technology; 8.1.11 ; you are fully aware of, understand and agree to assume all the risks (including direct, indirect or ancillary risks) associated with the Services, the Website, KyberSwapScurdex, the Supported Tokens, your use of the Exchange Services, any wallet used in connection with the Exchange Services, User Address, your provision of User Address, the KyberSwap Scurdex Platform, and the Kyber Protocol Smart Contract Address, including but not limited to the risks set out in the Annex 1 hereto; 8.1.12 ; these Terms constitute legal, valid and binding obligations on you, which are enforceable in accordance with these Terms. It is your obligation to ensure that neither your use of the Services, nor any purchase, receipt, or holding of any Supported Token is in breach or contravention of any Applicable Laws in your jurisdiction; 8.1.13 ; you are not a citizen or resident of any jurisdiction in which either the use of the Services, exchange, purchase, receipt, or holding of Supported Tokens is prohibited, restricted, curtailed, hindered, impaired or otherwise adversely affected by any Applicable Laws; 8.1.14 ; no consent, approval, order or authorisation of, or registration, qualification, designation, declaration or filing with, any regulatory authority in any jurisdiction (the “Approvals”) is required on your part in connection with your use of the Services, or where any Approvals are required, such Approvals have been obtained and remain valid and in full force and effect; 8.1.15 ; the Offer Tokens to be used for Token Exchange have not been obtained through any acts in connection with money laundering, terrorism financing or any other acts in breach or contravention of any Applicable Law; 8.1.16 ; you have sufficient Digital Asset Tokens to fulfil your obligations under these Terms; 8.1.17 ; Request Tokens to be delivered to and received by you will not be used for any purpose in connection with money laundering, terrorism financing or any other acts in breach or contravention of any Applicable Laws; 8.1.18 ; you are using the Services as principal and for your own benefit and you are not acting on the instructions of, or as nominee or agent for or on behalf of any other person; and 8.1.19 and all of the above representations and warranties are true, complete, accurate and non- misleading from the time of your acceptance of these Terms. 8.2. None of the KyberSwap Scurdex Affiliates makes or purports to make, and each KyberSwap Scurdex Affiliate hereby disclaims, any representation or warranty in any form whatsoever, including any representation or warranty in relation to: 8.2.1 : the Supported Tokens; 8.2.2 ; the information set out in the Whitepaper, the Website or any other place; 8.2.3 ; any KyberSwap Scurdex Affiliate; 8.2.4 ; the Services; 8.2.5 ; any Token Exchange; 8.2.6 ; your User Address; 8.2.7 ; the Smart Contract Address; 8.2.8 ; the Website; or 8.2.9 or the KyberSwap Scurdex Platform.