Terms and conditions
with LivingPackets SA, a Swiss company limited by shares, with a share capital of CHF 1,000,000.-, having its registered address at 80, Avenue C.F. Ramuz, 1009 Pully (Switzerland), and registered under n° CHE-385.652.744 with the Trade Registry of the Canton of Vaud, Switzerland ("LP").
By clicking, you (the "Sharing Angel") confirm to have read and to agree with the terms and conditions set forth in the present LP sharing undertaking.
Article 1 . WHAT IS LIVINGPACKETS OFFERING?
1.1 LP has designed and has developed a disruptive business model (hereinafter the "LP Business Model") aimed at improving the traditional existing capitalistic structure by a new participatory model based on the sharing to a larger and fairer extent of the success of business activities.
1.2 The LP Business Model enables every person in the civil society to be actively part of the creation and development of a business. All participants have the opportunity to share the fruits of the company's success in proportion of their participatory activity. The LP Business Model stands apart from the traditional models which remunerate the capital investment of a few on the sole basis of the size of their investment, regardless of their active participation to the value creation.
1.3 With that in mind, LP has completely redesigned and reworked the transport of packages and has developed an innovative means of transport using the daily natural flows of travelers. This fast, safe, affordable and ecological means of transport combines the use of highly technological packets, developed and owned by LP, and the participation of individual persons of the civil society. In the LP Business Model, the main economic players are the individuals composing the civil society and acting as Voyagers, Guardians or Customers.
1.4 To develop the disruptive participatory model which it has created, everyone is offered the opportunity to pool efforts and resources together with LP in order to develop the LP Business Model and to share its success (the "Participatory Project")
Article 2. CONTRIBUTIONS OF THE SHARING ANGEL TO THE PARTICIPATORY PROJECT
2. The Sharing Angel contributes the following to the Participatory Project:
2.1.1 Granting of the Sharing Angel status and application of the present LP Sharing Undertaking are subject to receipt by LP of the Sharing Angel’s financial contribution. Such financial contribution shall in no case be refunded to the Sharing Angel.
2.1.2 Without commitment and subject to the Sharing Angel’s wishes and availability, an active participation to the development and to the success of the Participatory Project as a Customer, Voyager, Guardian or Guardian Mobile.
Article 3. LIMITATION TO THE SHARING ANGEL'S UNDERTAKING
3.1 The Sharing Angel’s undertaking is limited to its financial contribution. Under no circumstances will the Sharing Angel bear potential losses of the Participatory Project nor be called upon to make another financial contribution to the Participatory Project or to LP. The Sharing Angel does not bear any financial risk beyond the loss of its own financial contribution. The Sharing Angel nevertheless acknowledges that he may lose all of its financial contribution without any opportunity to recover it and that the success of the Participatory Project and/or LP as well was the chance to participate financially to their development and success is uncertain.
3.2 Through its contributions, the Sharing Angel shall not gain any position whatsoever in LP or in the Participatory Project, for example as shareholder, corporate body, director, manager, employee or any other position. The Sharing Angel shall become a partner of the Participatory Project but shall not have any decision power or any voting right in relation to strategic, management and operational or implementing decisions of the Participatory Project by LP.
3.3 Through its contributions, the Sharing Angel shall not have any property right or any other right of any nature whatsoever on assets of LP and/or of the Participatory Project, either tangible such as without limitation packets or hardware used and/or owned by LP, or intangible such as without limitation inventions whether patented or not, software, algorithms, clients, the LP Business Model, know-how, designs and models, databases and any other asset.
Article 4. LP'S CONTRIBUTION
4.1 The contribution of LP to the Participatory Project shall consist in further developing and managing the LP Business Model in proportion to the Sharing Angel's contributions. LP does not contribute any tangible or intangible asset to the Participatory Project and its contribution shall be strictly limited to a contribution in the form of work.
Article 5. WHAT IS SHARED IN THE LP BUSINESS MODEL
5. Pursuant to its disruptive participatory economic model, LP undertakes to share the success of the Participatory Project with the Sharing Angel based on a formula described under and taking into account the following weighting factors:
5.1.1 Intensity of the active participation of the Sharing Angel as Voyager, Customer, Guardian and Mobile Guardian (Those who contribute the most get the most)
5.1.2 Time of the financial contribution: First come. first rewarded
5.1.3 The collaborative Sharing Angels who contributes the most, as Customer, Voyager, Mobile Guardian and Guardian, get the most according to the ‘intensity of the active contribution’ principle. All other Sharing Angels have also chances to get rewarded based on the ‘time of the financial contribution’ principle. LP algorithm basis will not be communicated since it is an insider/trade secret, can be improved anytime, based on experiences and fairness.
5.2 On a regular basis, the Sharing Angel will also be informed by email of LP's activities as well as of the progress of the Participatory Project. The Sharing Angel will get real-time information on the state of its account and the number of packets in circulation through the LivingPackets mobile app.
5.3 If, after five years, the amount shared by LP based on the success of the Participatory Project is lower than 50% of its financial contribution, a new LivingPackets, worth 240€, will be offered to the Sharing Angel, free of charge but excluding costs and taxes, (no monetary counter-value).
Article 6. TAXES, DUTIES AND SOCIAL CHARGES
6.1 The Sharing Angel shall be solely responsible and liable for the collection and payment of taxes, duties and social charges in any country whatsoever on any amount which may be paid to him by LP in relation to the Participatory Project's success. LP does not accept any responsibility or liability nor gives any advice in such respect.
Article 7. BY WHICH LAW IS THE SHARING ANGEL'S UNDERTAKING GOVERNED AND WHICH ARE THE COMPETENT COURTS?
7.1 The relationship between LP and the Sharing Angel shall be governed by the terms and conditions of the present LivingPackets Sharing Undertaking Agreement and by Swiss law, in particular articles 530 and following of the Swiss Code of obligations relating to the simple partnership. The Swiss simple partnership, defined as the combination of efforts and resources in order to achieve a common goal, has been elected by LP as it is in line with the LP Business Model. Through its participation undertaking, the Sharing Angel shall become a partner of LP within the frame only of the Participative Project between LP and the Sharing Angel. Notwithstanding the fact that LP will form a simple partnership for each individual Participatory Project with each sharing angel, the Sharing Angel shall in no manner whatsoever become a partner of one or several other sharing angels.
7.2 In the event of questions or disputes, the Sharing Angel may contact LP with the contact form: www.livingpackets.com/en/contact with the aim of finding an amicable settlement. Should a dispute not be resolved amicably, the Courts of Lausanne (Switzerland) shall be exclusively competent.