These Terms and Conditions (the “T&C”) apply to user and the buyer of the DS Token and future user of the DST Platform. PLEASE READ THESE TERMS CAREFULLY BEFORE PARTICIPATING TO THE TOKEN SALE. THE T&C AFFECT YOUR OBLIGATIONS AND LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS AND LIMITATION OF LIABILITY. BY PARTICIPATING IN THE PRE-ICO OR THE ICO, YOU AGREE TO BE BOUND BY ALL THE TERMS SET FORTH HEREIN.
- The following T&C conmprises a legally binding act between the Investor and the Company. By using our services, you are agreeing to be bound by the T&C in its current version. You are aware that DST may change this T&C in any time. Your continued use of the platform means that you accept any new or modified terms.
THE DST platform or Ecosystem
- DST is a silver mining ecosystem based on a blockchain technology. The use of a blockchain protocol, will enables the ecosystem to be decentralized and fully automatized, where the parties can trace and retake of their data. The DST ecosystem give the opportunity to participate in the silver mining ecosystem, from mining company, processing factory, retail store to consumers etc, using the DS token as the means to participate in the DST ecosystem.
The DS Token
- In order to fund the development of the DST ecosystem, the tokens (onwards called DS Tokens, or DST) will be created on the Ethereum blockchain. The DS Token functions as a means of participation on DST Ecosystem that will allow future Users to make use of DST Ecosystem services. Through the token sale, the future user acquires the future rights to use the services provided by DST Ecosystem.
- The DS Token does not have the legal qualification of a security, since it does not give any rights on dividend or interest. The DS token is final and non-refundable. The DS Token is not a share and does not give any right to participate to the general meeting of the Company. The DS token cannot have a performance or a particular value outside the DST ecosystem of any mentioned exchange platform DST have partnered with. The purchase and use of DS token shall therefore not be done for speculative usage.
- Any User purchasing any DS token, expressly acknowledge and represent that he/it have carefully reviewed these T&C and fully understand the risks, costs and benefits associated with the purchase of DS token as indicated in the T&C.
- The User who undertakes to purchase DS token in relation to the Token crowdsale should ensure that he/it understands and has significant experience of cryptocurrencies, blockchain systems and services, and that he/it fully understands the risks associated with the Token Sale as well as the mechanism related to the use and custody of cryptocurrencies.
- DST shall not be responsible for any loss of DS token or situations making it impossible to access to DS token, which may results of any actions or omissions of the User or any person undertaking to acquire DS token.
- Acquiring DS token and store involves various risks, in particular that DST may not be able to launch its operations, develop its platform and provide the services promised. Therefore, and prior to acquiring DS token, any User should carefully consider the risks, costs, and benefits of acquiring DS token within the Token Sale and, if necessary, obtain any independent advice in this regard. Any interesting person being not in the position to accept nor to understand the risks associated to the activity (incl. the risks related to the non-development of DST network and operations) or any other risks as indicated in the T&C, should not acquire DS token, at this stage or ever later.
- These T&C shall not and cannot be considered as an invitation to enter into an investment. They do not constitute or relate in any way nor should they be considered as an offering of securities in any jurisdiction. The T&C do not include nor contain any information or indication that might be considered as a recommendation or that might be use to base any investment decision. The DS token is just a currency token and is not intended to be used as an investment.
- Any information in the T&C is given for general information purpose only and DST does not provide with any warranty as to the accuracy and completeness of this information.
- The offering of DS token on a trading platform is done in order to allow the use of services provided by the DST ecosystem and not for speculative purposes.
- Regulatory authorities are carefully scrutinizing businesses and operations associated to cryptocurrencies in the World. In that respect, regulatory measures, investigations or actions may impact DST’s business and even limit or prevent it from developing its operation in the future. Any person undertaking to acquire DS token must be aware that DST business model and the T&C may change or need to be modified because of new regulatory and compliance requirements from any applicable laws in any jurisdictions. In such case, Purchasers and any person undertaking to acquire DS token acknowledge and understand that neither DST nor any of its affiliate shall be held liable for any direct or indirect loss or damages caused by such changes.
- DST will do its best to launch its operations and develop DST ecosystem. Any person undertaking to acquire DS token acknowledge and understand however that DST does not provide with any guarantee that it will manage to achieve it. On concluding the Commercial Operation, these tokens will be issued by a technical process referred to as a “Blockchain”. This is an open source IT protocol over which the Company has no rights or liability in terms of its development and operation. The token distribution mechanism will be controlled by a Smart Contract; this involves a computer program that can be executed on the Ethereum network or on a blockchain network that is compatible with Smart Contract programming language. They acknowledge and understand therefore that DST (incl. its bodies and employees) assumes no liability ore responsibility for any loss or damage that would result from or relate to the incapacity to use the DS token, excepted in case of intentional misconduct or gross negligence.
Terms and Conditions
- DST is based on the Ethereum protocol. Therefore, any malfunction, unplanned function or unexpected operation of the Ethereum protocol may cause the DST network or DSTs to malfunction or operate in a way that is not expected. Ether, the native Ethereum Protocol account unit may itself lose value in a similar way to DSTs, and also in other ways.
Representation and Warranties
- By participating in the Token Sale, the User agree to the T&C and in particular, they represent and warrant that they:
- Are authorized and have full power to purchase DS token according to the laws that apply in their jurisdiction of domicile;
- Are not acting for the purpose of speculative investment;
- Lives in a jurisdiction which allows DST to sell the DS token through a crowdsale without requiring any local authorization;
- Will not use the Token Sale for any illegal activity, including but not limited to money laundering and the financing of terrorism;
- Are responsible for determining whether the acquisition of DS token is appropriate for them;
- Are acquiring DS token exclusively for participating in DST Ecosystem
- Understand the risks associated with the Token Sale (incl. the risks related to the non-development of DST network and operations).
- Understand the use of cryptocurrencies and its associated risks.
Limitation of Liability
- DST as well as its officers, directors, agents, joint ventures, employees, suppliers and advisors, assumes no liability or responsibility for any loss raised from the Token sale, or any technical, interruption or malfunction of the platform.
- The limitation of liability set out above shall not be applicable in the event that DST, or a DST employee has caused the damage by intentional misconduct or by gross negligence.
- If any of the provisions of these T&C or of the Agreement are deemed to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect.
- DST may change, amend, delete or add to this Agreement or any of the terms and conditions contained in any policies or rules governing the Website and/or the Services at any time and in its sole discretion without notice. Any such changes will be effective upon the posting of the revised Agreement or such policies and rules on the Website and User is solely responsible for reviewing any such notice and the corresponding changes to the Agreement. User’s continued use of the Website and/or the Services following any such revisions to the Agreement or such policies and rules will constitute User’s acceptance of such changes. If User does not agree to any such changes, User must not continue to use the Website and/or the Services.
- The management board can change the DST Operator at any time without prior notice.
- These T&C are implemented electronically, by virtue of purchase of DS tokens by the Investor at the Website of the ICO during the Initial Coin Offering.
These T&C contain the entire understanding and agreement among the Parties