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TERMS AND CONDITIONS PLATFORM M3

A campaign by Association Objectif Environnement 

and a platform powered by UFoundation

 

By purchasing one cubic meter or more, you are acknowledging and accepting the following Terms & Conditions, only available i

in English.
 

Cubic Meter Tokens Platform : Terms & Conditions

 

Association Objectif Environnement (“OE”) is a Swiss not-for-profit organization supporting Sports for Nature projects, organizing concrete actions that aim to preserve the environment, and raising awareness among various target groups,  which shall be accountable and responsible for managing the funds collected through this campaign.

 

OE is organizing the “Longest Swim for Nature” – covering 180 km between Calvi and Monaco – to raise awareness about water preservation and biodiversity protection.

 

In order to collect funds, OE is using a digital platform that allows people worldwide:

  • to follow the Sports for Nature challenge live, and 

  • to contribute to the conservation efforts in the Mediterranean Sea by acquiring tokens representing cubic meters on the course between Calvi and Monaco.

  • to contribute to Sports for Nature projects which aim to raise awareness about environmental issues.

 

1. PLATFORM

OE is working with Ufoundation, in charge of developing a third-party platform and the tokenization of the “cubic meters” to be sold during the “Longest Swim for Nature” (see para. 2 below). OE declines all responsibility for the use and functioning of the platform by Contributors, as per para. 9 below.

 

2. TOKENS 

In April 2024, one hundred and eighty thousand (180’000) unique digital cubic meters (“cubic meters”) of sea shall be launched for sale as “Tokens”.

 

By acquiring these tokens, each Contributor shall become an “Official co-owner of the world's Longest Swim for Nature,” while supporting conservation efforts in the Mediterranean Sea. (see para. 5 below).

 

Each unique cubic meter shall be priced at five (5) USD, EUR, CH and its equivalents to five (5) units of local currencies, where available.

 

By the end of the swim or if the initial 180’000 cubic meters are sold , unlimited cubic meters of sea water shall be made available to buy at the same price as indicated above. In this case, Contributors shall receive a “Conservation Supporter” status.

 

The platform shall remain open until the 31st of October 2024. All funds collected until that date, shall be allocated as explained below. (see para. 5 below). OE can, on its own volition, change the aforementioned date.

 

Contributors shall be able to vote for their favorite projects (see para. 7 below).


 

3. PAYMENT & REFUNDS

The following Payment Methods are accepted: After Pay/Clear Pay, Alipay, Amazon Pay, Apple Pay, Visa, Mastercard, Twint, Google Pay, iDeal, SEPA direct debit, SOFORT, Visa Checkout, Swish, US debit cards, WeChat.

 

Please be aware that Payment Methods availability varies by geography. Depending on your location, you may not be able to use one or more of the Payment Methods listed above. OE can restrict payment methods if considered relevant.

 

Contributors acknowledge and agree that all sales are final and non-refundable. Regardless of any circumstances including, but not limited to, delays, cancellations, or rescheduling of events or activities associated with sale of cubic meters, Contributors shall not be entitled to any refund or reimbursement. By participating in the sale, Contributors waive any right to request a refund or compensation for any reason. OE reserves the right to proceed with or cancel cubic meters’ sales at its discretion, and Contributors agree to abide by the terms of sale regardless of any changes or modifications to the associated events or activities.

 

4. TAX DEDUCTIBILITY 

Please note that the purchase of cubic meters may be tax-deductible in certain jurisdictions. However, tax laws vary by location, and we recommend consulting with a tax professional or advisor to determine the eligibility of your purchase for deduction on your tax declaration. Association Objectif Environnement (OE) cannot provide individual tax advice, and it is the responsibility of the ticket purchaser to understand and comply with applicable tax regulations in their respective jurisdiction.

 

Swiss residents are advised to consult the Annex for additional information. It is important to note that the guidance provided therein is for informational purposes only and should not be considered as legal advice.

 

5. USE OF THE FUNDS COLLECTED VIA THE SALE OF TOKENS

The money collected through the platform shall form the “Sport For Nature Fund 2024” and shall be allocated as follows :

 

a) 40% for Sports for Nature projects

OE shall provide Grants for Sports for Nature projects, as per process explained below.

Part of the funds shall also be used for Sports for Nature awareness-raising campaigns and related administrative and project costs (including, but not limited to, project management, impact monitoring, and logistics).

 

b) 40% for conservation projects in the Mediterranean Sea

OE shall provide Grants for impact-based projects, as per process explained below.

Part of the funds shall be allocated to project management and impact monitoring activities.

 

c) 20% for innovative Sports for Nature platform 

OE aims to make use of the Platform beyond this specific project. Costs under this title contribute to:

  • the conception, development, and management of the Platform 

  • the adaptation of the platform for future similar events/campaigns by other parties 

  • Blockchain transaction process

  • Payment fees and security measures


 

6. SPORTS FOR NATURE FUND (SNF)

OE shall organize the calls for proposals for the projects described in 5a) and 5b). 

 

OE created a dedicated Conservation Committee (“Committee”) that is co-chaired by Noam Yaron and Florence Tercier and composed of between five (5) and ten (10) members in total. This Committee shall be in charge of selecting the projects as per para. 7

 

The Committee has its own internal guidelines for the functioning and selection of projects, including specific criteria and due diligence requirements, as well as monitoring obligations.


 

7. SELECTION OF PROJECTS

a) The Committee shall make a call for projects as described in 5b) between Q4 2024 and Q1 2025.

 

b) The Committee shall publish their selected projects and open the votation.

 

c) The Contributors shall vote for their favorite projects (representing 70% of the voting power). Voting is expected between Q4 of 2024 and Q2 of 2025.

 

d) The Public shall be able to vote as well (30% voting power) via the Instagram page of Noam Yaron (IG @NoamYaron_) who shall publish one post per chosen project. The votes shall be ranked based on engagement. Voting is expected between Q4 of 2024 and Q21 of 2025.

 

e) The Committee shall allocate the grants according to the votes reviewed and approved by OE and Noam Yaron. 

 

f)  The Committee shall monitor the funded projects to optimize their impact.

 

e) The Committee shall inform the Contributors and the Public about the performance of the projects periodically.

 

8. DATA PROTECTION

OE is committed to protecting the privacy and confidentiality of personal information collected during the token sale. Any personal data provided by Contributors will be processed in accordance with the General Data Protection Regulation (GDPR) and Swiss data protection laws. Personal data will be used solely for the purpose of processing cubic meters’ sales, and complying with legal and regulatory requirements. By participating in the cubic meters’ sale, Contributors consent to the collection, use, and disclosure of their personal information for these purposes. Ufoundation will implement appropriate technical and organizational measures to ensure the security and confidentiality of personal data. Contributors have the right to request access to, rectification, or deletion of their personal data held by OE For inquiries regarding data protection or to exercise these rights, please contact objectifenvironnement@gmail.com"


 

9. LIMITATION OF LIABILITY

  1. OE shall not be liable for any damages, losses, or liabilities arising out of or related to the use of any third-party platform or service for the sale of the cubic meters. OE assumes no responsibility for the performance, reliability, or security of such third-party platforms, including but not limited to any errors, delays, or interruptions in the processing of token sales or transfers. Contributors acknowledge and agree that their use of third-party platforms is at their own risk, and OE disclaims all warranties, express or implied, regarding the use of such platforms. In no event shall OE be liable for any indirect, incidental, consequential, or punitive damages arising from or in connection with the use of third-party platforms, even if OE has been advised of the possibility of such damages. Contributors agree to indemnify and hold OE harmless from any claims, losses, or damages arising from their use of third-party platforms.

  2. Contributors are solely responsible for respecting applicable laws regarding the ability to conclude the purchase of tokens including, but not limited to, legal age for contracting and trade sanctions. 

 

10. APPLICABLE LAW

This campaign and these terms and conditions shall be governed by and construed in accordance with the laws of Switzerland.




 

 

ANNEX 

 

DONATIONS - SWISS RESIDENTS

 

Under current Swiss law, donors can deduct charitable donations, subject to a ceiling on their income (individuals) or taxable profits (legal entities) for federal and cantonal tax purposes. The deduction limit for federal income tax is currently 20% of taxable income or net profit, with a minimum donation requirement of CHF 100 (art. 33a LIFD). The cantons are free to set their own deduction ceilings (art. 9 al. 2 let. i LHID), but most of them, including Geneva, have also adopted a ceiling of 20% of net income, with no minimum donation requirement. 

In order to be deductible, the donation must be made to tax-exempt legal entities, which presupposes that they pursue public service or public interest purposes (art. 33a and 56(g) LIFD). The latter are exempt from tax on profits allocated exclusively and irrevocably to these purposes (art. 56 let. g ph. 1 LIFD). The law expressly states that economic purposes cannot in principle be considered to be in the public interest. The acquisition and management of major capital holdings in companies are considered to be in the public interest if the interest in maintaining the company is subordinate to the public interest purpose and management activities are not carried out. Case law and administrative practice have established a number of conditions clarifying the scope of these legal provisions. 

 

Translated from Steuer Portal © 

LAST UPDATE : 27.04.2024

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