PLEASE READ THIS DISCLAIMER SECTION CAREFULLY. IF YOU ARE IN ANY DOUBT AS TO THE ACTION YOU SHOULD TAKE, YOU SHOULD CONSULT YOUR LEGAL, FINANCIAL, TAX, OR OTHER PROFESSIONAL ADVISOR(S).
This paper shall not and cannot be considered as an invitation to enter into an investment. It does not constitute or relate in any way nor should be considered as an offering of securities in any jurisdiction. This paper does not include nor 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 Sutrarak Medical Chain or any related or associated company. The SUT Token is just a utility token which can be used only on the Sutrarak Medical Chain platform and is not intended to be used as an investment.
The offering of SUT Token on a trading platform is done in order to allow the use of the Sutrarak Medical Chain platform and not for speculative purposes. The offering of SUT Token on a trading platform is not changing the legal qualification of the token, which remains a simple means for the use of the Sutrarak Medical Chain platform and is not a security.
Sutrarak Medical Chain is not to be considered as advisor in any legal, tax or financial matters. Any information in this paper is given for general information purpose only and Sutrarak Medical Chain does not provide with any warranty as to the accuracy and completeness of this information. Given the lack of crypto-token qualifications in most countries, each buyer is strongly advised to carry out a legal and tax analysis concerning the purchase and ownership of Sutrarak Medical Chain’s Token according to their nationality and place of residence.
Sutrarak Medical Chain today is not a financial intermediary according to Swiss Law and is not required to obtain any authorization for Anti-Money Laundering purpose. This qualification may change in case Sutrarak Medical Chain will offer services which are to be considered as qualifying a financial intermediation activity.
In this case, the use of Sutrarak Medical Chain services may require the positive conclusion of an AML/KYC identification process.
SMC Token confer no direct or indirect right to Sutrarak Medical Chain’s capital or income, nor does it confer any governance right within Sutrarak Medical Chain; a SUT Token is not proof of ownership or a right of control over Sutrarak Medical Chain and does not grant the controlling individual any asset or share in Sutrarak Medical Chain, or in the Sutrarak Medical Chain network. A SUT Token does not grant any right to participate in control over Sutrarak Medical Chain’s management or decision-making set-up, or over the Sutrarak Medical Chain network and governance to the purchasers.
Regulatory authorities are carefully scrutinizing businesses and operations associated with crypto currencies in the world. In that respect, regulatory measures, investigations or actions may impact Sutrarak Medical Chain’s business and even limit or prevent it from developing its operations in the future. Any person undertaking to acquire SUT Token must be aware of the Sutrarak Medical Chain business model, this paper or Terms & Conditions may change or need to be modified because of new regulatory and compliance requirements from any applicable laws in any jurisdictions.
In such a case, purchasers and anyone undertaking to acquire SUT Token acknowledge and understand that neither Sutrarak Medical Chain nor any of its affiliates shall be held liable for any direct or indirect loss or damage caused by such changes.
Sutrarak Medical Chain will do its utmost to launch its operations and develop the Sutrarak Medical Chain platform. Anyone undertaking to acquire SUT Token acknowledges and understands that Sutrarak Medical Chain does not provide any guarantee that it will manage to achieve it. On concluding the Commercial Operation, these Token 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 a blockchain network that is compatible with Smart Contract programming language. They acknowledge and understand therefore that Sutrarak Medical Chain (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 SUT Token, except in case of intentional misconduct or gross negligence.
SUT Token is based on the Ethereum protocol. Therefore, any malfunction, unplanned function or unexpected operation of the Ethereum protocol may cause the Sutrarak Medical Chain SA network or Sutrarak Medical Chain has to malfunction or operate in a way that is not expected. Ether, the native Ethereum Protocol account unit may itself lose value in a similar way to SUT Token, and also in other ways.
The offering of SUT Token on any trading platform is performed in order to allow the use of the Sutrarak Medical Chain Network platform, not for speculative purposes. The offering of SUT Token on any trading platform does not change the legal qualification of the Token, which remain a simple means for operations within the Sutrarak Medical Chain Network platform.
Sutrarak Medical Chain Network and/or its subsidiaries should not be treated as a consultant for any legal, fiscal or financial matters. Any information contained in this paper is provided for general information purposes only and Sutrarak Medical Chain Network does not make any representation as to the accuracy or completeness of this information. Regulatory authorities in many countries carefully study the enterprises and operations related to crypto currencies. In this regard, regulatory measures, investigations or actions may affect the activities of Sutrarak Medical Chain Network and even limit or prevent its development in the future. Any person who undertakes to purchase SUT Token must be aware of Sutrarak Medical Chain Network business model. This white paper and the Terms and Conditions available at the Web sites of may change or need to be modified due to new regulatory requirements and compliance with any applicable laws in any jurisdiction. In this case, the Purchasers acknowledge and understand that neither Sutrarak Medical Chain Network nor its subsidiaries are liable for any direct or indirect loss or damage caused by such changes.
12.6 Representation and warranties
The Purchaser expressly acknowledges and accepts that he/she will not be entitled to and shall not sue or bring any direct or indirect legal action or lawsuit before any courts, regulators, arbitration bodies and/or any alternative dispute settlement bodies against Sutrarak Ltd., its affiliates, directors, shareholders, employees, advisors and/or contractors (the “Sutrarak Parties”) in the event of the non-performance, non-deployment or non-implementation of the Sutrarak Medical Chain Network, even in cases where SUT Token have lost some or all of their value.
In addition, none of the Sutrarak Parties may in any way be held liable, without limitation, for any of the following:
- have read carefully the Terms & Conditions attached to this paper, agree to their full contents and accept to be legally bound by them,
- are authorized and have full power to purchase SUT Token according to the laws that apply in their jurisdiction of domicile,
- are not a U.S. citizen, resident or entity (a “U.S. Person”) nor are they purchasing Sutrarak Medical Chain or signing on behalf of a U.S. Person,
- are not resident in China or South Korea and nor are they purchasing SUT Token or signing on behalf of a Chinese or South Korean resident,
- live in a jurisdiction which allows Sutrarak Medical Chain to sell SUT Token through a crowd sale without requiring any local authorization and in compliance with the local, state, and national laws and regulations when purchasing, selling and/or using Sutrarak Medical Chain,
- are familiar with all related regulations in the specific jurisdiction in which they are based and that purchasing cryptographic Token in that jurisdiction is not prohibited, restricted or subject to additional conditions of any kind,
- will not use the crowd sale for any illegal activity, including but not limited to money laundering and the financing of terrorism,
- have sufficient knowledge about the nature of the cryptographic Token and have significant experience with, and functional understanding of, the usage and intricacies of dealing with cryptographic Token and currencies and blockchain-based systems and services,
- purchase SUT Token because they wish to have access to the Sutrarak Medical Chain platform,
- are not purchasing SUT Token for the purpose of speculative investment or usage,
- any delays with implementation of the Sutrarak Medical Chain Network at any stage for the reasons out of reasonable and fair control of the Sutrarak Parties,
- any changes to the business strategy of the Sutrarak Medical Chain Network to be made solely by the Sutrarak Parties,
- any limitations to the rights of the SUT Token holders at any stage,
- any non-compliance of the Purchasers with applicable laws and regulations,
- any changes to this document, terms and conditions of the SUT Token distribution and any other documents or materials available at the Websites,
- any technical failures in smart contract operations,
- non-performance, failure or unavailability of the services due to a third party or the Purchaser breach of obligations,
- indirect or direct damages and losses related to purchase from Sutrarak Co., Ltd. by the Purchaser of any services, products or SUT Token,
- suspension of access, temporary or permanent suspension of the Sutrarak Medical Chain Network (in particular, arising from a request issued by an appropriate administrative or judicial authority, or notification received from a third party),
- loss, alteration or destruction of all or part of the content (information, data, applications, files or other items) hosted on the infrastructure and data backups in particular,
- mismatch between the Sutrarak Co., Ltd. Services and the Purchaser’s needs (in particular, with regard to the sensitivity of the relevant data),
- security incidents relating to use of the Internet, concerning in particular the loss, alteration, destruction, disclosure or unauthorized access to the Purchaser’s data or details on or via the Internet, and/or,
- damages to systems, applications and other items installed by the Purchaser on any infrastructure.
The Client acknowledges and accepts that the Sutrarak Medical Chain ICO operation is taking place within a Swiss legal environment that is still under development. The Parties agree to seek an amicable settlement prior to bringing any legal action. All disputes arising with the with papers provided, 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.
SMC Token will not be listed on any regulated stock exchange, such as SIX Swiss Exchange, or SIX. These Terms have been prepared without regard to the legal standards for prospectuses under ART. 1156 or ART. 652a of the Swiss Code of Obligations or the legal standards for facilitated prospectuses under art. 5 of the Collective Investment Schemes Act (“CISA”) or art. 27 ff. of the SIX Listing Rules or the listing rules of any other stock exchange in Switzerland.
Neither these Terms nor any other material relating to the Offer, Sutrarak Medical Chain or SUT Token will be or have been filed with or approved by any Swiss regulatory authority. Specifically, these Terms will not be filed with, and the Offer of SUT Token will not be supervised by, the Swiss Financial Market Supervisory Authority (FINMA). Furthermore, the Offer of SUT Token has not been and will not be authorized under the CISA. Thus, the protection which is given to purchasers of interests or units in collective investment schemes under the CISA does not extend to purchasers of SUT Token.