Terms and Condition
DGPayment Terms and Condition...
DGPAYMENT (DGP)Initial Coin Offering (ICO)
GENERAL TERMS AND CONDITIONS
YOU ARE REQUIRED TO READ THESE TERMS AND CONDITIONS (HEREINAFTER
"TERMS") CAREFULLY BEFORE USING THE SERVICES DESCRIBED HEREIN.
BY UTILIZING PRODUCTS OFFERED ON THE https://dgpaytech.com ("WEBSITE") AND
THEREIN, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND
CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE
TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AN
AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NOT USE THIS WEBSITE
NOR ITS PRODUCTS. YOU MAY BE REFERRED TO YOU OR THE ENTITY YOU REPRESENT.
DGPAYMENT (DGP) RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF
THESE TERMS AT ANY TIME FOR ANY REASON. DGPAYMENT (DGP) URGES YOU TO REVIEW THESE
TERMS PERIODICALLY FOR CHANGES. SUCH CHANGES SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING. YOU ACKNOWLEDGE THAT BY ACCESSING THE
WEBSITE AFTER DGPAYMENT (DGP) HAVE POSTED CHANGES TO THESE TERMS, YOU ARE
AGREEING TO THE MODIFIED TERMS.
THIS DOCUMENT DOES NOT CONSTITUTE INVESTMENT ADVICE OR COUNSEL OR
SOLICITATION FOR INVESTMENT IN ANY SECURITY AND SHALL NOT BE CONSTRUED IN
THAT WAY. THIS DOCUMENT DOES NOT CONSTITUTE OR FORM PART OF, AND
SHOULD NOT BE CONSTRUED AS, ANY OFFER FOR SALE OR SUBSCRIPTION OF, OR ANY
INVITATION TO OFFER TO BUY OR SUBSCRIBE FOR, ANY SECURITIES, NOR FOR DGPAYMENT (DGP)
TOKENS. DGPAYMENT (DGP) EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY
DIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING
DIRECTLY OR INDIRECTLY FROM: (I) RELIANCE ON ANY INFORMATION CONTAINED IN
THIS DOCUMENT, (II) ANY ERROR, OMISSION OR INACCURACY IN ANY SUCH
INFORMATION OR (III) ANY ACTION RESULTING THEREFROM.
“ICO” or „Initial Coin Offering” means the sale process by which DGPAYMENT (DGP) will receive financing for the development of the DGPayment (DGP) Service.
“Purchaser” means a natural person who purchases DGPAYMENT (DGP) Token(s) hereby agreeing to DGPAYMENT (DGP) ICO Terms and Conditions
“DGPAYMENT (DGP)” is DGPAYMENT (DGP), established and registered in Canada
“DGPAYMENT (DGP) Project” the development of the DGPayment (DGP) Service
“DGPAYMENT (DGP) Token”, “Token” or “DGP” - is a cryptographic token, created in the public blockchain.
“Website” - https://dgpaytech.com is the official website for DGPAYMENT (DGP) Initial Coin Offering
ICO Terms and Conditions
1. DGPAYMENT (DGP) Token is a cryptographic token, created in the Ethereum.
2. DGPAYMENT (DGP) is not either an investment or legal advisor and shall not be understood and interpreted as such. DGPAYMENT (DGP) Token is not a security in the meaning of both EU and Estonian law.
3. DGPAYMENT (DGP) Token is not a cryptocurrency, regardless of what legal meaning word “cryptocurrency” has, unless and to the extent the meaning of DGPAYMENT (DGP) tokens are described and defined by these terms and conditions.
4. The Presale shall commence on the date announced on DGPAYMENT (DGP) website. It shall be also announced and to the registered users of DGPAYMENT (DGP) newsletter 48 hours before its publication on the DGPAYMENT (DGP) website. Newsletter registration is available only through DGPAYMENT (DGP) website.
Token: Utility, Ethereum ERC20 Token
Purchase methods accepted: ETH, BTC, USD
Inflation: None (no further tokens will be issued)
Maximum number of tokens: 350.000.000
Tokens for public sales: 100.000.000
1 ETH = 5620 DGP
Date and time of the start of pre-sale: 15th of August 2020
End date and time of pre-sale: 15th of March 2021
Minimum purchase amount for pre-sale: 0.13 ETH
1 ETH = 5620 DGP (15% bonus)
ICO Terms and Conditions
5. Main sale details:
Date and time of the start of sale, UTC: 1ST of November 2020
End date and time of sale, UTC: 1st of February 2020 Minimum purchase amount for ICO: 0.035 ETH
1 ETH = 2800 DGP
6. Registration (KYC) - is required to purchase tokens, whether pre-sale or regular.
• First name and last name.
• ETH account address from which the token will be acquired.
• Photo / ID scan (driving license, passport, etc.).
• Email address for registration
ICO Terms and Conditions
1. The Purchaser agrees to purchase and DGPAYMENT (DGP) agree to sell, on the terms set forth herein, DGPAYMENT (DGP) tokens.
2. DGPAYMENT (DGP) Purchased Tokens will be provided to Purchaser immediately at the time of purchase. Bonus Tokens will be transferred automatically along with the purchase.
3. The price of the DGPAYMENT (DGP) Token is nominated ETH.
4. The course of ICO
a. Publication of DGPAYMENT (DGP) materials (including WWW and White Paper)
i. Registered users will receive information about pre-sale via e-mail. The message will contain a direct link to the form with the option to buy tokens.
ii. This information will also be published on the website no earlier than 48h after sending information to DGPAYMENT (DGP) newsletter registered recipients.
b. Presale lasts 4 weeks. During the pre-sale, participants will receive 40% more (bonus) tokens than in regular sales, for the same price.
The Purchaser understands and accepts that all purchases of DGPAYMENT (DGP) Tokens are final and may be reversed only in case the minimum sale does not exceed soft cap. That information is to be publicly available at https://Dgpaytech.com. The refunds – if applicable
– are to be made on Purchaser’s demand solely to the account used by the Purchaser for Token purchase. In case of ICO failure, Purchasers are to be informed about the fact via email address provided during registration. Purchaser has 90 days to request a refund from DGPayment (DGP) for the deposited funds. After expiration of the 90 days term no refunds are to be processed. All token purchases are final, and Purchaser ensure that he can pass the KYC process. No refunds will be offered to anyone acting outside of these terms.
1. DGPAYMENT (DGP) retain all right, title and interest in all DGPAYMENT (DGP)’s proprietary and subsidiary intellectual property, including but not limited to inventions, processes, marks, methods, compositions, information and data. The Purchaser may not use any of DGPAYMENT (DGP) intellectual property without DGPAYMENT (DGP)’s direct, express, prior and written consent.
2. In particular, DGPAYMENT (DGP) retain all intellectual property rights, mostly, but not limited, to copyright, over the source code forming DGPAYMENT (DGP) tokens. These terms shall not be understood and interpreted in a way that they would mean assignment of intellectual property rights, unless it is explicitly defined so in these terms.
ICO Terms and Conditions
3. The Purchaser is being granted a non-exclusive, non-transferable, revocable license to access and use the DGPAYMENT (DGP) tokens strictly in accordance with these Terms. As a condition of the Purchase’s use of DGPAYMENT (DGP) tokens the Purchaser warrants to DGPAYMENT (DGP) that the Purchaser will not use DGPAYMENT (DGP) tokens for any purpose that is unlawful or prohibited by these Terms.
1. The Purchaser will implement reasonable and appropriate measures designed to secure access to (i) any device associated with the email address associated with the Purchaser’s account, (ii) private keys required to access any relevant Ethereum wallet, and (iii) the Purchasers’ username, password and any other login or identifying credentials.
2. In case the Purchaser suspects a security breach in any of the above mentioned, the Purchaser will inform DGPAYMENT (DGP) immediately so DGPAYMENT (DGP) can take all required and possible measures to secure the Purchaser’s account and DGPAYMENT (DGP)’s and systems as whole.
1. As a principle, DGPAYMENT (DGP) collects only what is need and will not share the Purchaser’s personal information with any third parties’ other than DGPAYMENT (DGP)’s identity verification partner. Even within DGPAYMENT (DGP), access to the Purchaser’s personal data is limited to a subset of employees who work on compliance and identity verification matters.
2. The Purchaser will provide to DGPAYMENT (DGP), immediately upon a notice of request, information that DGPAYMENT (DGP), in DGPAYMENT (DGP)’s sole discretion, deem to be required to maintain compliance with law, regulation or policy. Such documents include, but are not limited to, passports, driver’s licenses, utility bills, and photographs of the Purchaser, government identification cards, or sworn statements.
3. DGPAYMENT (DGP) reserves its right to request documentation, described in section “General” under paragraph 6 prior to activating the Purchaser’s DGPAYMENT (DGP) Token account. DGPAYMENT (DGP) may refuse to sell DGPAYMENT (DGP) Token should it have doubts as to validity, authenticity and genuineness of the documents, provided by the Purchaser.
ICO Terms and Conditions
5. In addition to the above, if the Purchaser creates an account to purchase DGPAYMENT (DGP) Tokens included, DGPAYMENT (DGP) may collect and store the following types of information: The Purchaser’s name, address, phone, email, nationality, id photo page scan and Ethereum wallet address. Before permitting the Purchaser to proceed with DGPAYMENT (DGP) Token purchase, DGPAYMENT (DGP) may require the Purchaser to provide additional information (such as data which can be used for personal identification purposes and that may be required to comply with applicable laws) so that DGPAYMENT (DGP) can verify the Purchaser’s identity or address. DGPAYMENT (DGP) may also obtain information about the Purchaser from third parties such as identity verification services.
6. Throughout this document, DGPAYMENT (DGP) use the term “personal information” in compliance with the EU General Data Protection Regulations (GDPR) to describe information that can be associated with a specific person and can be used to identify that person.
7. DGPAYMENT (DGP) protects the Purchaser’s information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. Some of the safeguards used are firewalls and data encryption, physical access controls to data centers, and information access authorization controls. DGPAYMENT (DGP) also authorize access to personal information only for those employees who require it to fulfill their job responsibilities. All the physical, electronic, and procedural safeguards are designed to comply with applicable laws and regulations.
8. DGPAYMENT (DGP) may be required to analyze and compare the personal data provided by the Purchaser to third party databases to verify its accuracy and confirm the Purchaser’ identity. This allows DGPAYMENT (DGP) to comply with European “anti-money laundering (AML)”
and “know your customer (KYC)” regulations – most notably 4th AML Directive along with any applicable Estonian AML regulations and law. DGPAYMENT (DGP) will not release, sell or rent the Purchaser’s personal data to third parties other than law enforcement agencies and/or public administration
bodies acting upon relevant EU and/or Estonian law provisions.
9. DGPAYMENT (DGP) reserve the right to share the Purchaser’ personal data with:
(a) 3rd party identification services providers for fraud prevention purposes;
(b) law enforcement, government officials, or other third parties when
i) DGPAYMENT (DGP) are compelled to do so by a subpoena, court order, or similar legal procedure;
DGPAYMENT (DGP) will not provide the Purchaser’s personal information to any other DGPAYMENT (DGP) token holders without the Crowd funder’s consent or direction.
ICO Terms and Conditions
10. The Purchaser may access, review, edit or request to remove his personal data by DGPAYMENT (DGP). The Purchaser acknowledges that execution of his right to be forgotten under GDPR may result in disabling his Token account.
11. The cost of any ETH transfer operation(s) for ICO purposes i.e. "GAS" is to be calculated automatically and is to be entirely born by the purchaser of DGP tokens.
DGPAYMENT (DGP) reserves the right, in its sole discretion, to suspend Purchasers account for up to 72 hours at any time, without a prior notice, in particular due to legal grounds originating in “AML” and “KYC” regulation and procedures.
DGPAYMENT (DGP) Tokens are not offered for use to the citizens of the United States of America and any country or/and dependent territory where trade in cryptocurrency, ICO are banned or restricted, regardless of their location, and are not offered to natural or legal persons, having their seat or habitual residence in the above-mentioned countries and/or dependent territories.
1. DGPAYMENT (DGP) may provide any notice to the Purchaser under this Agreement by:
(i) posting a notice on the Website; or
(ii) sending an email to the email address then associated with the Purchaser’s account. Notices DGPAYMENT (DGP) provide by posting on the website will be effective upon posting and notices DGPAYMENT (DGP) provide by email will be effective when DGPALD send the email. It is Purchaser’s responsibility to keep the Purchaser’s email address current. The Purchaser will be deemed to have received any email sent to the email address then associated with the Purchaser’s account when DGPAYMENT (DGP) send the email, whether or not the Purchaser receives or reads the email.
2. To give DGPAYMENT (DGP) notice under this Agreement, the Purchaser must contact DGPAYMENT (DGP) by email to contact@Dgpaytech.com DGPAYMENT (DGP) may update this email address for notices by posting a notice on the DGPAYMENT (DGP) website. Notices to DGPAYMENT (DGP) will be effective one business day after they are sent.
3. All communications and notices to be made or given pursuant to this Agreement must be in the English language.
ICO Terms and Conditions
1. The Purchaser understands that DGPAYMENT (DGP) token, blockchain technology and other associated and related technologies are new and outside of DGPAYMENT (DGP)’s control and adverse changes in market forces or the technology, broadly construed, may affect DGPAYMENT (DGP)’s performance under this agreement.
2. The Purchaser acknowledges that has been warned of the following risks, associated with the ICO and in particular with DGPAYMENT (DGP) token.
(a) Legal risks regarding securities regulations
There is a risk that in some jurisdictions DGPAYMENT (DGP) might be considered to be a security, or that it might be considered to be a security in the future. Each user of DGPAYMENT (DGP) tokens shall bear its own legal or financial consequences of DGPAYMENT (DGP) being considered a security in their respective jurisdiction.
(b) Risks associated with the public blockchain
DGPAYMENT (DGP) token is based upon the public blockchain. As such, any malfunction, unintended function or unexpected functioning of blockchain may cause the DGPAYMENT (DGP) token to malfunction or function in an unexpected or unintended manner.
(c) Risks associated with the Purchaser’s credentials
Any third party that gains access to the Purchaser’s login credentials for the website or private keys may be able to dispose of the Purchaser’s DGPAYMENT (DGP) tokens. To minimize this risk, the Purchaser should guard against unauthorized access to their electronic devices.
(d) Risk of unfavorable regulatory action in one or more jurisdictions
Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. The functioning of the blockchain networks and DGPAYMENT (DGP) could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions on the use or possession of digital tokens like DGPAYMENT (DGP), which could impede or limit their existence, permissibility of their use and possession, and their value.
(e) Risk of theft and hacking
Hackers or other groups or organizations may attempt to interfere with the Purchaser’s token wallet, the website or the availability of DGPAYMENT (DGP) tokens in any number of ways, including
ICO Terms and Conditions
without limitation denial of service attacks, spoofing, smurfing, malware attacks, or consensus- based attacks.
(f) Risk of security weaknesses in the DGPAYMENT (DGP) source code or any associated software and/or infrastructure
There is a risk that the DGPAYMENT (DGP), or other third parties may unintentionally introduce weaknesses or bugs into the DGPAYMENT (DGP) source code interfering with the use of or causing the loss of DGPAYMENT (DGP) tokens.
(g) Risk of weaknesses or exploitable breakthroughs in the field of cryptography
Advances in cryptography, or technical advances such as the development of quantum computers, could present risks to cryptocurrencies and public blockchain and DGPAYMENT (DGP), which could result in the theft or loss of tokens.
(h) Risk of low or no liquidity
Even though there are currently online service available, which enable possibility of exchange of cryptographic tokens between themselves, and some of them enable exchange of cryptographic tokens for fiat money, there are no warranties and/or guarantees given that DGPAYMENT (DGP) tokens will be subject to exchange for other cryptographic tokens and/or fiat money, and no guarantees are given whatsoever with the capacity (volume) of such potential exchange. It shall be explicitly cautioned, that such exchange, if any, might be subject to poorly-understood regulatory oversight, and DGPAYMENT (DGP) does not give any warranties regarding any exchange services providers. Users might be exposed to fraud and failure
(i) Risk of uninsured losses
Unlike bank accounts or accounts at some other financial institutions, funds held using DGPAYMENT (DGP) Token and blockchain in general - are entirely uninsured.
(j) Risk of malfunction in blockchain
It is possible that the public blockchain DGPAYMENT (DGP) is interacting with, malfunctions in an unfavorable way, including but not limited to one that results in the loss of DGPAYMENT (DGP) Tokens.
ICO Terms and Conditions
(k) Unanticipated risks
Cryptocurrencies and blockchains are new and untested technology. In addition to the risks set forth here, there are risks that DGPAYMENT (DGP) cannot foresee and it is unreasonable to believe that such risks could have been foreseeable. Risks may further materialize as unanticipated.
DGPAYMENT (DGP) tokens are provided “as is”. DGPAYMENT (DGP) affiliates and licensors make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the DGPAYMENT (DGP) tokens, including any warranty that the DGPAYMENT (DGP) tokens will be uninterrupted, error free or free of harmful components, secure or not otherwise lost or damaged. Except to the extent prohibited by law, DGPAYMENT (DGP) affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
(l) Financial risks
The Purchase is also aware of the risk that if all or parts of the DGPAYMENT (DGP) Project are successfully developed and released in full or in parts, due to a lack of public interest, the DGPAYMENT (DGP) Project could be fully or partially abandoned, remain commercially unsuccessful or shut down for lack of interest, regulatory or other reasons. The Purchaser therefore understands and accepts that the significant financial, risks; including the complete loss of value of created DGPAYMENT (DGP) Token, and attributed features of the DGPAYMENT (DGP) Project.
1. DGPAYMENT (DGP) and its affiliates and their respective officers, employees or agents will not be liable to the Purchaser or anyone else for any damages of any kind, including, but not limited to, direct, consequential, incidental, special or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of this website and its products), even if DGPAYMENT (DGP) has been advised of the possibility of such damages or losses, including, without limitation, from the use or attempted use of this website and/or its products or another linked website.
2. Further, neither DGPAYMENT (DGP) or affiliates or licensors will be responsible for any compensation, reimbursement, or damages arising in connection with:
(a) the Purchaser’s inability to use the DGPAYMENT (DGP) tokens, including without limitation as a result of any termination or suspension of the blockchain or this agreement, including as a result of power outages, maintenance, defects, system failures or other interruptions;
(b) the cost of procurement of substitute goods or services;
(c) any investments, expenditures, or commitments by the Purchaser in connection with this agreement or the Purchaser use of or access to the DGPAYMENT (DGP) tokens; or
ICO Terms and Conditions
(d) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any data, including records, private key or other credentials, associated with any DGPAYMENT (DGP) token.
3. The Purchaser will defend, indemnify, and hold harmless DGPAYMENT (DGP), DGPAYMENT (DGP) affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or relating to any third-party claim concerning this Agreement or the Purchaser’s use of DGPAYMENT (DGP) tokens contrary to these terms. If DGPAYMENT (DGP) affiliates are obligated to respond to a third-party subpoena or other compulsory legal order or process described above, the Purchaser will also reimburse DGPAYMENT (DGP) for reasonable attorney fees, as well as DGPAYMENT (DGP) employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at reasonable hourly rates.
4. The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. DGPAYMENT (DGP) and/or its suppliers may make improvements and/or changes in the website at any time. DGPAYMENT (DGP) makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the DGPAYMENT (DGP) tokens, information, software, products, services and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, DGPAYMENT (DGP) tokens, the website, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. DGPAYMENT (DGP) hereby disclaims all warranties and conditions regarding the DGPAYMENT (DGP) tokens, the website, information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
1. The DGPAYMENT (DGP) whitepaper shall not be considered part of this General Terms and Conditions and by accepting these General Terms and Conditions the Purchaser is deemed to have read the DGPAYMENT (DGP) whitepaper and are aware of all risks and rules provided thereto.
2. DGPAYMENT (DGP) does not permit individuals under the age of 18 to purchase DGPAYMENT (DGP) Tokens.
3. DGPAYMENT (DGP) and affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond reasonable control, including acts of God, labour disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war, changes in blockchain technology (broadly construed), changes in the public blockchain protocols or any other force outside of DGPAYMENT (DGP)’s control.
4. DGPAYMENT (DGP) and the Purchaser are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
ICO Terms and Conditions
Both parties reserve the right (a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party and (b) to assist third party developers or systems integrators who may offer products or services which compete with the other party’s’ products or services.
5. This Agreement does not create any third-party beneficiary rights in any individual or entity.
6. The Purchaser will not assign this Agreement, or delegate or sublicense any of the Purchaser’s rights under this Agreement, without prior written consent. Any assignment or transfer contrary to these terms will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
7. The failure by DGPAYMENT (DGP) to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit DGPAYMENT (DGP)’s right to enforce such provision at a later time. All waivers by DGPAYMENT (DGP) must be unequivocal and in writing to be effective.
8. Except as otherwise set forth herein, if any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to affect the intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement, but the rest of the Agreement will remain in full force and effect.
9. All disputes or claims arising out of or in connection with this contract including disputes relating to its validity, breach, termination or nullity shall be finally governed by Estonian law and jurisdiction of the courts thereof.
10. This Agreement is the entire agreement between the Purchaser and DGPAYMENT (DGP) regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between the Purchaser and DGPAYMENT (DGP), whether written or verbal, regarding the subject matter of this Agreement. DGPAYMENT (DGP) will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is submitted by the Purchaser in any order, receipt, acceptance, confirmation, correspondence or other document.