Terms Of Use
Last updated: 14 July 2022
AGREEMENT TO TERMS:
These Terms of Use constitute a legal binding agreement made between
you, whether personally or on behalf of an entity
(“you’’) and Decentralised Investment Group Inc
(DIG Inc) including its subsidiaries and affiliates (“we,
“us”, or “our”) as it relates to your use of
the https://decentralisedinvestment.group/ website, Decentralised
Investment Group Inc, as well as any other media form, media
channel, mobile website or mobile application related, linked, or
otherwise connected thereto (collectively, the “Sites”
or “Apps”). We make the Sites and Apps available to you
on the basis that you accept all these terms. By using any of the
Sites or Apps or any DIG Inc product you are confirming that you
have read, understood, and do hereby agree to be bound by all of
these terms of use. If you do not agree and/or accept these terms of
use, then you are hereby expressly prohibited from
using either the Sites or the Apps. We reserve the right, in our
sole discretion, to make changes to, add to or amend these Terms of
Useat any timeand for any reason. By continuing touse either of the
Sites or Apps you will be deemed to have accepted the changes,
additions, or amendments to these Terms of Use. The content on
either of the Sites or Apps are not intended for use by any person
or entity or jurisdiction in any country where such would be
contrary to law or regulation, or which would subject us to any
registration requirement within such jurisdiction or country.
Accordingly, any persons who access the Site or Apps while breaking
their local laws are doing it on their own initiative and will have
to deal with any such consequences where applicable. The intention
of this website is merely for informational purposes on our products
and DIG Inc in general. Some of our products and services require
the user to be a minimum of 18 years of age, please inform yourself
with the separate terms of use for these products or services before
engaging with it.
INTELLECTUAL PROPERTY RIGHTS:
Unless otherwise indicated, the Site is our proprietary property and
all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks,
service marks, and logos contained therein (the “Marks”)
are owned or controlled by us or licensed to us, and are protected
by copyright and trademark laws and various other intellectual
property rights and unfair competition laws of the Bahamas, foreign
jurisdictions, and international conventions. The Content and the
Marks are provided on the Site “ASIS” for your
information and personal use only. Exceptas expressly provided in
these Terms of Use, no part of the Site or Apps and no Content or
Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written
permission. Provided that you are eligible to use the Site, you are
granted a limited license to access and
use the Site and to download or print a copy of any portion of the
Content to which you have properly gained access solely for your
personal, non-commercial use. We reserve all rights not expressly
granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS:
By using the Site, you represent and warrant that:
(1) you have the legal capacity and you agree to comply with these
Terms of Use;
(2) you will not access the Site through automated or non-human
means, whether through a bot, script, or otherwise;
(3) you will not use the Site for any illegal or unauthorised
purpose;
(4) your use of the Site will not violate any applicable law or
regulation.
PROHIBITED ACTIVITIES:
You may not access or use the Site for any purpose other than that
for which we make the Site available. The Site may not be used in
connection with any commercial endeavours
except those that are specifically endorsed or approved by us.
SUBMISSIONS:
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site
("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including
all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are
original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any
alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site or Apps may contain (or you may be sent via the Site) links
to other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items
belonging to or originating from third parties ("Third-Party
Content").
Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness,
or completeness by us, and we are not responsible
for any Third-Party Websites accessed through the Site or any
Third-Party Content posted on, available through, or installed from
the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other
policies of or contained in the Third-Party Websites or the
Third-Party Content.
Inclusion of, linking to, or permitting the useor installation of
any Third-Party Websites or any Third-Party Content does not imply
approval or endorsement thereof by us. If you decide
to leave the Site and access the Third-Party Websites or to use or
install any Third-Party Content, you do so at your own risk, and you
should be aware these Terms of Use no longer
govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to
which you navigate from the Site or relating to any applications you
use or install from the Site. Any purchases you make through
Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to
such purchases which are exclusively between you and the applicable
third party. You agree and acknowledge that we do not endorse the
products or services offered on Third-Party Websites and you shall
hold us harmless from any harm caused by your purchase of such
products or services. Additionally, you shall hold us harmless from
any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact
with Third-Party Websites.
TERM AND TERMINATION:
These Terms of Use shall remain in full forceand effect while you
use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF
USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
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COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USEOR PARTICIPATION IN THE SITEOR
DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED
AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. GOVERNING LAW
These Terms of Useand your use of the Site are governed byand
constructed in accordance with the laws of the Bahamas applicable to
agreements made and to be entirely
performed in the Bahamas, without regard to its conflicts of law
principles.
DISPUTE RESOLUTION:
Informal Negotiations To expedite resolution andcontrol the cost of
any dispute, controversy, or claim related to these Terms of Use
(each a “Dispute" and collectively, the “Disputes")
brought by either you
or us (individually, a “Party" and collectively, the
“Parties"), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating the
arbitration. Such informal negotiations commence upon written notice
from one Party to the other Party. Binding Arbitration Any
controversy or claim arising out of or relating to this contract, or
the breach thereof, shall be determined by arbitration administered
by the International Centre for Dispute Resolution in accordance
with its International Arbitration Rules.
DISCLAIMER:
YOU AGREE THAT YOUR USE OF THE SITE AND APPS WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR
USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT
OF ANY WEBSITES LINKED TO THE SITEAND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SITE, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
ORFROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATIONS OF LIABILITY:
YOU UNDERSTAND THAT IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES,
OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE AND
ACKNOWLEDGE THAT OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS
ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE
OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE, THE
APP AND THE SMART CONTRACTS, WHETHER IN CONTRACT, TORT, STRICT
LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF
(A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE TWELVE
(12) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) ONE
HUNDRED (100) US DOLLAR. YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE
THE SITE AND THE APP AND AVAILABLE TO YOU AND ENTERED INTO THESE
TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF
LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR
ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS
OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SITE,
THE APP AND THE SMART CONTRACTS TO YOU WITHOUT THESE LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO
LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY
FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOTAPPLYTO
PERSONAL INJURY CLAIMS:
INDEMNIFICATION:
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable
attorneys' fees and expenses, made by third party due to or arising
out of: (1) use of the Site, (2) breach of these Terms of Use, (3)
any breach of your representations and warranties set forth in these
Terms of Use, (4) your violation of the rights of a third party,
including but not limited to intellectual property rights, or (5)
any overt harmful act toward any other use of the Site or the Apps
with whom you connected via the Site or the App. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the
exclusive defence and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your
expense, with our defence of such claims. We will use reasonable
efforts to notify you of any such claim, action or proceeding which
is subject to this indemnification upon becoming aware of it.USER
DATA
We will maintain certain data that you transmit to the Site or the
App for the purpose of managing the performance of the Site or the
Apps, as well as data relating to your use of the Site or the Apps.
Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that release to any
activity you have undertaken using the Site or the App. You agree
that we shall have no liability to you for any loss or corruption of
any such data, and you hereby waive any right of action against us
arising from
any such loss or corruption of such data.:
MISCELLANEOUS:
These Terms of Use and any policies or operating rules posted by us
on the Site constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or
provision of these Terms of use shall not operate as a waiver of
such right or provision. These Terms of Use operate to the fullest
extent permissible by law. We
may assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Terms of
Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these
Terms of Use and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a
result of these Terms of Use or use of the Site. You agree that
these Terms of Use will not be construed against us by virtue of
having drafted them. You hereby waive any and all defences you may
have based on the electronic form of these Terms of Use and the lack
of signing by the parties hereto to execute these Terms of Use.
CONTACT US:
To resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at legal@decentralisedinvestment.group.
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