Terms of Use

Terms of Use Realsmart.io (the “Website”) is a website operated by Realsmart, Inc. (“Realsmart Web Host”). By accessing the Website, the pages contained on it, and the information and material contained or described herein (together the “Information”), you acknowledge your agreement to be bound by, and understanding and acceptance of, these Terms and Conditions of Use and our Privacy Policy. You acknowledge your understanding that these Terms and Conditions of Use constitute a binding agreement between you and Realsmart (sometimes referred to as “we” or “us”) that governs your access and use of the Website, which includes any images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, systems and methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services and other content (together, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of the Content available on or through the Website. 

Realsmart grants a limited right to use the Website. The individual user shall not use the Website in any way that is fraudulent or unlawful. Your right to use the Website is subject to your agreement to abide by the Terms and Conditions of Use in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Website. At any time and for any reason Realsmart may revoke your right to use all or any portion of the Website. Realsmart reserves the right to make changes to the Website and the Terms and Conditions of Use at any time without prior notice to you. For this reason, each time you use the Website, you should visit and review the then-current Terms and Conditions of Use that apply to your use of the Website. The Website and the Content is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. As a condition of your use of the Website, you agree to indemnify and hold Realsmart and its Associates harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorney’s fees), as incurred, arising from your use of the Website or related services or from your violation of the Terms and Conditions of Use. 

EACH TIME YOU USE THE WEBSITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS AND CONDITIONS IN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HEREIN, DO NOT USE THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. 

YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE IS A CONDITION TO YOUR RIGHT TO ACCESS THE WEBSITE. YOUR BREACH OF ANY PROVISION OF THESE TERMS AND CONDITIONS OF USE WILL AUTOMATICALLY, WITHOUT THE REQUIREMENT OF NOTICE OR OTHER ACTION, REVOKE AND TERMINATE YOUR RIGHT TO ACCESS THE WEBSITE AND YOU WILL BE FULLY LIABLE FOR CONVERSION, / MISAPPROPRIATION, TRESPASS TO CHATTELS AND ALL OTHER CLAIMS AND CAUSES, REGARDLESS OF THE IDENTITY OF CLAIMANT OR INJURED PARTY, ARISING FROM OR RELATING TO YOUR CONTINUED USE OF THE WEBSITE AFTER SUCH BREACH. 

Services Securities Offerings
Among the Services, this Website presents information regarding potential investments in corporation and company membership interests (Interests) of various series of Realsmart Tokens (each, a Series) holding real estate assets. These Series Interests, which are securities under securities laws, will be represented by cryptographic digital tokens, which are a new series of Ethereum blockchain-based smart contract digital tokens meeting the ERC-20 and ERC1400 standard as modified to meet transfer restriction requirements under applicable securities laws.

By participating in a Realsmart Tokens Series offering through the Sites you agree and understand that each Realsmart Tokens Series offering has its own terms, rules and risks and it is your responsibility to carefully review all terms, rules, risk factors and Series offering documents and decide on your own if you agree to them. 

Realsmart Tokens will allow you the opportunity to designate investment opportunities in which you would like to participate. However, your decision to participate in a Series offering of Realsmart Tokens does not mean that you will be permitted to participate in such offering. Our decisions to permit your participation are subject to, among other things, demonstration to our satisfaction that you meet legal requirements for participation, consent of relevant third parties, execution of definitive documentation, and our discretion. We make no representation or warranty that the potential transaction you have identified will take place, or that if it takes place that you will be allowed to participate. If you are offered the opportunity to participate in a transaction, you will be required to sign additional documentation. Realsmart Tokens management decisions are final in all matters relating to the Sites, Services, investments and other activities related to the Sites. 

The securities associated with any Series offering of Realsmart Tokens in which you participate will be governed by the terms and conditions set forth in the applicable investment documents related to the specific Series offering provided to you. You may need to complete several steps to purchase Realsmart Tokens in a specific Series offering including, but not limited to, (i) completing Realsmart Tokens’s user registration process, which includes you providing identification and qualification information to Realsmart Tokens, (ii) entering into Series offering agreements with the specific Series, (iii) funding one or more investments in fiat currency or a specified cryptocurrency, (iv) confirming an intention to move forward with participation in the Series offering at the closing, if required by the Series; (v) creating a digital asset wallet with a third party, and (vii) providing other information to Realsmart Tokens or the Series Manager or taking other action as requested throughout the Series offering process.

The Series Realsmart Tokens offered on the Website have not been registered under the Securities Act of 1933, as amended (the Securities Act) in reliance on the exempted provisions of Section 4(a)(2) of the Securities Act and Rule 506 of Regulation D promulgated thereunder, and/or Regulation S. Securities sold through private placements are restricted and not publicly traded and are therefore illiquid. Neither the U.S. Securities and Exchange Commission nor any state securities commission or other regulatory authority has approved, passed upon or endorsed the merits of any securities offering on these Sites. 

The Series Realsmart Tokens being offered are highly speculative in nature, involve a high degree of risk and should be purchased only by persons who can afford to lose their entire investment. There can be no assurance that Realsmart Tokens’s business objectives will be achieved or that a secondary market will ever develop for the Interests, whether via the Realsmart Tokens Website, via third party registered broker-dealers or otherwise. Investing in private placements requires high risk tolerance, low liquidity concerns, and long-term commitments. The Interests being sold are not FDIC insured, may lose value, and there is no bank or other guarantee. 

No Financial Advice
Realsmart and it’s subsidiaries are not registered broker-dealers, a funding portal, or investment advisors and do not conduct any activity that would require such registration. None of the information contained on the Website constitutes a recommendation by Realsmart Token or its affiliates to buy or sell any securities or other assets. The information contained on the Website has been prepared without reference to any particular user’s investment requirements or financial situation. The Sites do not offer financial advice or recommend investments. We recommend that you consult with qualified professionals prior to making actual investments or financial decisions. Any information available through the Sites is not offered as financial advice and should not be the basis for actual financial activities. We are not liable for any reliance on information available through the Sites by you or anyone who you may inform of its contents. 

Registration Data; Account Security; Privacy Policy;
Digital Asset Wallet
In order to use the Website and the Services, you will be required to create a service account (Account) by registering on the Realsmart website to become a registered user of the Sites and the Services. To register, you must provide your real name, address, phone number and e-mail address, along with other information that may be required from time to time. The right to use the Sites and the Services is personal to you as the user or to the business you are registering for and is not transferable to any other person. As a user of our Sites and Services, you must comply with these Site Terms and our Privacy Policy .

In consideration of your use of the Website and the Services and by creating an Account, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data“); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to RealToken, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Realsmart Token. 

By creating an Account, you represent and warrant that all Registration Data for the Account that you submit is truthful and accurate. You agree not to use the Account of another user. You are solely responsible for any and all use of your Account. You agree that sharing the Services with another person or providing another person access to the Services through your Account breaches these Website Terms and may constitute fraud or theft, for which we reserve all rights and remedies. You agree not to authorize any other individual or entity other than your authorized agents, if any, to use the Website or Services via your Account. 

You are not obligated under law to provide us with any personally identifying information. However, if you do not provide the Registration Data or any other requested personally identifying information, you will not be able to use certain features of the Sites or the Services. Realsmart will use your personally identifying information as set forth in the Realsmart Privacy Policy. You represent and warrant that you have reviewed the Privacy Policy and agree to its terms.

Prior to making a Realsmart Token purchase through the Services, you will be prompted to provide information relating to your cryptocurrency/digital asset wallet (Wallet). If you do not have a Wallet, you will need to purchase a cold storage Wallet or set up an account with a cryptocurrency wallet provider chosen by you (<Wallet Provider). Your use of the Wallet will be subject to the terms of use agreement between you and such Wallet Provider. 

Realsmart Cash Accounts and Electronic Fund Transfers (“EFTs”)
Website Security
You may not violate or attempt to violate the security of the Website. Tampering with any portion of the Website, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Website, whether or not through the use of agents, are prohibited and constitute a breach of these Terms and Conditions of Use. 

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) disabling, removing, defeating, or avoiding any security device or system, including, without limitation, any password and login functionality / used to authenticate users; (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (e) sending unsolicited email, including promotions and/or advertising of products or services; (f) forging any TCP/IP packet header or any part of the header information in any email or posting; (g) using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available on the Website and other than generally available third party web browsers; (h) reverse engineering, decompiling or disassembling the underlying software; (i) removing any notices, warnings, labels, annotations or instructions from any portion of the Website or any related material, including, without limitation, any patent, trademark, copyright, or other proprietary notices or license provisions; or (j) otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Website. 

Any violations of system or network security including attempts to intentionally access a computer without authorization or exceed your authorized access level may result in civil and criminal charges, including but not limited to charges under the Computer Fraud and Abuse Act. Realsmart may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users to the Website if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread, of a virus, security breach or system malfunction. 

When accessing the Website, users should be aware that the internet is generally not regarded as a secure environment, and that data sent via the internet can be accessed by unauthorized third parties, potentially leading to disclosures, changes in content or technical failures. Data sent via the internet may be transmitted across international borders even though both sender and receiver are located in the same country. Realsmart does not accept any responsibility or liability for the security of data while in transit via the internet. 

The Website may contain certain links. Activating links on the Website may cause individual users to leave the Website. Such links are provided solely for individual users’ convenience and information. Realsmart has not reviewed any of the websites linked with or connected to the Website and using links on or to the Website is at each individual user’s own risk. 

Ownership of Materials on Website
You may download or copy Content only to the extent such download is expressly permitted in writing on the Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software.

“Realsmart” is the trade name for Realsmart. We have trademarks in “Realsmart”, terms that include the phrase ‘Realsmart’, and certain other terms. Nothing on the Website shall be interpreted as granting any license or right to use any image, trademark, trade dress, logo or service mark on the Website. Anything transmitted to the Website by you becomes Realsmart’s property and may be used by us for any lawful purpose. Realsmart reserves all rights with respect to copyright and trademark ownership of all material on the Website, and will enforce such rights to the full extent of the law. 

Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Realsmart or by third parties who have licensed their materials to Realsmart and are protected by U.S. and international copyright laws. The compilation of all Contents on the Website is the exclusive property of Realsmart and is also protected by U.S. and international copyright laws. 

The Website, including all Information, is owned by or licensed to Realsmart and is subject to and protected by various intellectual property rights, including but not limited to copyright, trade secrets, trademarks, service marks, brand names and other proprietary rights whether under contract, statute or any similar provisions (“IP Rights”). All IP Rights are and shall remain the exclusive property of Realsmart, its respective third party licensors or third parties to whom it is attributed and in using the Website individual users shall not obtain any rights, title or other interest in or to any information on the Website or related IP Rights. Subject to the above, individual users are entitled to view the Information on the Website and to copy and print such information for personal use. Individual users are not permitted to sell or distribute or otherwise deal with the Information on the Website or any deviations of such information without the prior written consent of Realsmart. 

The Website uses Heap Analytics, a web analytics service and is compliant with their terms and conditions. 

No Offers or Reliance
The Information has been prepared solely for purposes of information. The Information is in summary form for convenience of presentation and under no circumstances should the Information be used or considered as an offer to sell or the invitation or solicitation of an offer to buy any product or service offered by Realsmart. No such offer or invitation or solicitation will be made prior to the delivery of definitive documentation relating to the specific securities being offered. Before making an investment decision with respect to any investment, potential investors are advised to carefully read the related final documentation and offering memorandum documents (the “Documents”). Further, Realsmart does not give or offer any business advice, investment advice, tax or legal advice to anyone using this Website, accordingly, potential investors are advised to consult with their tax, legal and financial advisors with respect to any investment. 

Past performance / Forward-looking statements
Nothing herein shall be relied upon as a promise or representation as to past or future performance. The Website may contain forward-looking statements. In some cases, you can identify forward-looking statements by terminology such as “may,” “will,” “should,” “expects,” / “plans,” “anticipates,” “believes,” “targeted,” “projected,” “underwritten,” “estimates,” “predicts,” “potential,” or “continue” or the negative of these terms or other comparable terminology. These forward-looking statements include, but are not limited to, statements concerning the company, property, risk factors, plans and projections. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. Realsmart undertakes no obligation to update or review any forward-looking statement, whether as a result of new information, future developments or otherwise. None of Realsmart, the issuer nor any other person or entity assumes responsibility for the accuracy and completeness of forward-looking statements. Investors should conduct their own due diligence and not rely on the financial assumptions or estimates that are displayed on the Website. Investments displayed on the Website are not bank deposits, are not insured by the FDIC or by any other Federal government agency, are not guaranteed by Realsmart, and may lose value. Investment opportunities posted on this website are “private placements” of securities that are not publicly traded, are subject to holding period requirements, and are intended for investors who do not need a liquid investment. 

No Warranty; Limitation on Liability 
BY USING THE WEBSITE, YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. THE WEBSITE AND RELATED SERVICES ARE PROVIDED ON AN “AS IS“, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. NEITHER Realsmart NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF THE WEBSITE OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER Realsmart NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY, COMPLETENESS, AVAILABILITY OR TIMELINESS OF THE CONTENT PROVIDED IN THE WEBSITE OR THE MATERIALS OR SERVICES OFFERED IN THE WEBSITE NOW OR IN THE FUTURE. REALSMART AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE WEBSITE, INFORMATION ON THE WEBSITE OR THE RESULTS OBTAINED FROM USE OF THE WEBSITE OR RELATED SERVICES. REALSMART AND ITS ASSOCIATES ACCEPTS NO RESPONSIBILITY FOR UPDATING ANY PARTY OF THE WEBSITE OR THE CONTENT THEREIN. 

UNDER NO CIRCUMSTANCES WILL REALSMART OR ITS ASSOCIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE, INTERNET FAILURE OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE WEBSITE, CONTENT, INCONVENIENCE OR DELAY. THIS IS TRUE EVEN IF Realsmart HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Any Content downloaded or otherwise obtained through the Website is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such Content. The foregoing limitation of liability will apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Realsmart has been advised of or should have knowledge of the possibility of such damages. 

The information and opinions are subject to change without notice and does not purport to be complete. 

Third Party Content and Linked Websites
References on this Website to any names, marks, products or services of third parties, or hypertext links to third party websites or information or Content provided by third parties, are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, its information, materials or services. We are not responsible for the practices or policies of such third parties, nor the Content of any third party sites, and do not make any representations regarding third party materials or services, or the Content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk. 

Warning Regarding Web Fraud and Phishing 
An unfortunate consequence of our reputation is the misuse of our name, brands and reputation by imposters and frauds publishing fake websites and engaging in “phishing” scams seeking personal or confidential information. 

When communicating with Realsmart through digital media, please: 

  • Confirm you are visiting a Realsmart authorized web site. 
  • Do not share your password and login ID with anyone, including anyone from Realsmart. Realsmart web sites are private, available only to clients through secure log-in procedures. Apart from allowing you to use your password and log-in to enter an authorized web site, Realsmart will never ask you for your password or login information. (If you forget your password or login, we will issue you new ones.) 
  • Do not communicate or deal with personnel who are not affiliated with an authorized office. All authorized office locations are listed on our contact page. No other office locations are authorized offices of Realsmart. 
  • Do not send emails to anyone with an address other than authorized Realsmart e-mail addresses. Realsmart only uses “@Realsmart.io” for email addresses to communicate with users. Realsmart does not permit our employees and authorized representatives to send or receive work-related emails from personal accounts or any other address. 

If you have any questions about the above, please contact Realsmart at legal@Realsmart.io. 

Effect on Other Agreements
Nothing contained in these Terms and Conditions of Use is intended to modify or amend any other written agreement you may have with Realsmart (including without limitation any customer agreement, participation agreement, operating agreement, investment agreement or account / agreement) (“Other Agreements”) if any, that may currently be in effect. In the event of any inconsistency between these Terms and Conditions of Use and any Other Agreements, the Other Agreements will govern. Some pages within the Website contain supplemental terms and conditions and additional disclosure and disclaimers, which are in addition to these Terms and Conditions of Use. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages. 

Governing Law
Headings used in these Terms and Conditions of Use are for reference purposes only and in no way define or limit the scope of the section. These Terms and Conditions of Use are governed by the laws of New York. Subject to the next section of the Terms and Conditions regarding arbitration, any claim related to any dispute arising as a result of the Website or under these Terms and Conditions of Use will be made before a court of competent jurisdiction located in New York. If any provision of these Terms and Conditions of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable. The failure of Realsmart to act with respect to a breach of these Terms and Conditions of Use by you or others does not constitute a waiver and will not limit Realsmart’s rights with respect to such breach or any subsequent breaches. 

Arbitration
By using the Website, you agree that Realsmart, at its sole discretion, may require you to submit any disputes arising from the use of the Website, related services or these Terms and Conditions of Use concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. 

Authorized User
BY USING THE SERVICES, YOU REPRESENT THAT YOU ARE ABLE TO LEGALLY CONTRACT IN THE JURISDICTION IN WHICH YOU ARE LOCATED. You may access thewebsite generally and/or browse generally without registering with the Website. In order to access certain features of the Website, including viewing securities offerings or posting content on the Website, you must register to create an account (“Account”) and meet certain criteria. You must complete the registration process by providing us with current, complete and accurate information. You will also choose a password and a user name. Wealth Migrate reserves the right in its sole discretion to refuse registration of or cancel a User Name. You are solely responsible for maintaining the confidentiality of your password and account

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CONTACT

Email: help@realsmart.io
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Stellenbosch, 7600

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