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Privacy Policy
1. Introduction.
Hdac Technology AG respects the privacy of
its Members, Contributors, Users or Clients and is dedicated to
controlling the use and disclosure of information provided by
Members, Contributors, Users or Clients using the Site. This Privacy
Policy (the “Privacy Policy”) sets forth Hdac Technology
AG’s policies regarding collection, storage, access, use and
disclosure of information relating to a Member’s,
Contributor’s, User’s or Client’s registration and
use of the Site. Any terms not defined herein shall have the meaning
set forth in the Terms & Conditions, the Transaction Terms &
Conditions or the User Agreement.
2. Information Collection, Use And Disclosure Activities.
2.1 Registration Information.
To ensure that only legitimate entities and
individuals are able to access the non-public areas of the Site and
enter into transactions, we require each potential Member,
Contributor, User or Client to, by using the Registration Page on
the Site, provide (i) information regarding themselves (including
name, e-mail address, job title, work address and work phone
number), and (ii) information regarding their Company (including
Company name and parent Company’s name and address). Upon
receipt of Your registration data, Hdac Technology AG may contact
You or Your Company to obtain other background information used by
Hdac Technology AG to evaluate an applicant's qualifications for
Membership, Contribution and/or Participation. Other than as
specified in this Privacy Policy, the registration information will
be used only internally by Hdac Technology AG and will not be
disclosed to third parties without the applicable Member’s,
User’s or Client's prior written consent. Notwithstanding
of the before mentioned, Hdac Technology AG is obliged to report
suspicious transactions and facts about individuals including
Contributors to the relevant authorities without further
notification and without becoming liable for any damage such action
may cause.
2.2 References.
In addition to the information specified in
Section 2.1, Hdac Technology AG may require Members, Contributores,
Users or Clients or prospective Members, Contributors, Users or
Clients to provide Hdac Technology AG with Company references to
allow Hdac Technology AG to verify a Company’s capacity,
legitimacy and reputability. Hdac Technology AG may provide such
references to parties with which a Member, User or Client enters
into a Negotiation to assure such parties that Company can meet its
prospective obligations thereunder.
2.3 Member, Contributors, User or Client Profile.
Each Member, User or Client will create a
Member, Contributor, User or Client profile that includes, among
other things, information about this Member, Contributor, User or
Client. Information in a Member, Contributor, User or Client profile
are accessible only by the applicable Member, Contributor, User or
Client, the Member, User or Client’s Group Administrator and
Hdac Technology AG. Certain Member, Contributor, User or Client
profile information will be provided to the parties engaged in a
Negotiation in accordance with Section 2.5. Other than as permitted
under this Privacy Policy, Member, Contributor, User or Client
profile information will not be disclosed to third parties without
the applicable Member, Contributor, User or Client's prior
written consent.
2.4 Member, Contributor, User or Client Information.
(a) Hdac Technology AG may collect, use and disclose both on and off
the Site, for marketing and other purposes, certain general,
demographic and statistical information regarding Site usage and
transactions.
(b) To assist Member, User or Clients in selecting companies they may do business with through the Site, Hdac Technology AG may make available to Member, Contributor, User or Clients and non-Member, Contributor, User or Clients certain performance statistics of all Companies, provided that such statistics shall not include any Company-identifiable pricing information.
(b) To assist Member, User or Clients in selecting companies they may do business with through the Site, Hdac Technology AG may make available to Member, Contributor, User or Clients and non-Member, Contributor, User or Clients certain performance statistics of all Companies, provided that such statistics shall not include any Company-identifiable pricing information.
2.5 Technical and Usage Information.
To operate the Site, enhance its
functionality, and ensure that Members, Contributors, Users or
Clients Negotiations and communications are convenient, dependable
and secure, Hdac Technology AG may collect, store and use technical
and Site usage information relating to a Member, Contributor, User
or Client's activities on the Site. Such information includes
the Internet Protocol (“IP”) address from which a
Member, Contributor, User or Client accesses the Site, which is used
only internally by Hdac Technology AG as required for server
operation and other technical uses, and is not disclosed to Members,
Contributors, Users or Clients or other persons. Hdac Technology AG
may also track the pages of the Site accessed by Members, Users or
Clients.
2.6 Member, Contributor, User or Client Communications.
Hdac Technology AG may use Member,
Contributor, User or Client contact information, such as e-mail
addresses, to communicate with Members, Users or Clients regarding
registration and transactions, to notify Members, Contributors,
Users or Clients of changes in Site functionality and features,
product and service updates, policy changes, billing and other
activities relating to a Members, Contributors, Users or
Client's use of the Site, and for marketing purposes.
2.7 Legal Compliance.
In addition to the disclosures permitted
pursuant to this Privacy Policy, Hdac Technology AG may provide
Member, Contributor, User or Client information in connection with
legal, administrative or judicial inquiries, claims or orders to the
extent necessary to comply therewith or to enforce a User Agreement.
3. Collection And Use Of Information Using Cookies.
As with many state-of-the-art Internet
sites, the Site uses “cookies” to enhance the
functionality of the Site and to make transactions and other
activities more convenient and efficient for Members, Contributors,
Users or Clients. A “cookie” is a file stored locally on
computers used to access the Member, Contributor, User or Client
account that contains information relating to a Member, Contributor,
User or Client's past use of the Site. For example, a cookie may
contain information previously entered on a Site form, which may be
recalled as default information when that form is accessed at a
later time. This prevents re-entry of frequently used information
each time a Member, Contributor, User or Client account is accessed.
Cookies are also useful in streamlining log-in and in preserving
transactional information between sessions. Cookies will likely play
an increasingly important role as we enhance the ability of Members,
Contributors, Users or Clients to customize the functionality of the
Site to better meet their needs and preferences. Most Internet
browsers include preference settings that allow users to be notified
and control whether cookies are transferred to their computers.
Please review Your browser's documentation or “help”
feature for more information on that functionality. Although
disabling cookies will not affect a Member, User or Client's
ability to transact business on the Site, it may make such
activities more time consuming.
4. Linked Sites.
The Site may contain hyperlinks through
which other Internet websites may be accessed by Members,
Contributors, Users or Clients. Hdac Technology AG is not
responsible for and cannot make any assurances regarding privacy, or
other policies or practices of the operators of such websites. Such
links are provided only for the convenience of our Members,
Contributors, Users or Clients, and the presence of any link does
not imply that Hdac Technology AG endorses, approves or is
responsible for such websites.
5. Security.
Hdac Technology AG is very concerned with
the security of information relating to our Members, Contributors,
Users or Clients' use of the Site and has implemented systems
and procedures to prevent unauthorized access to that information
including the use of Secure Sockets Layer (SSL) connection and
password protection. Each Member, Contributor, User or Client will
create its own username and password, the secrecy of which is the
sole responsibility of the Member, Contributor, User or Client. In
the event the integrity of a Member, Contributor, User or
Client’s password is compromised, the Member, Contributor,
User or Client shall immediately change its password.
6. Updates To The Privacy Policy.
Hdac Technology AG may update this Privacy
Policy from time to time as new features and services become
available on the Site and to keep pace with technological
developments. The new terms shall be effective ten (10) days after
they are initially posted on the Site. It is the responsibility of
the Member, Contributor, User or Client to review the latest terms.
If You do not agree with updated Privacy Policy, You should
immediately cease use of the Site and the Services.
Hdac TestNet
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Announcement
Hdac Received Final Confirmation on AMLA Compliance from VQF
Jan 25, 2019On November 8th 2018, Hdac Technology went through an audit on AMLA(Anti-Money Laundering Act) compliance by VQF(Verein zur Qualitätssicherung von Finanzdienstleistungen) which is an SRO(Self-Regulatory Organization) that we already joined in May 2018.
We would like to announce that, as a result of the audit, we have received an official notice confirming that we complied with the ALMA guideline of FINMA during the ICO process.
Thank you.
Hdac Technology는 2018년 5월에 가입한 자율규제기구(SRO, Self-Regulatory Organization)인 VQF(Verein zur Qualitätssicherung von Finanzdienstleistungen, 금융서비스표준협회)로부터 AMLA(Anti-Money Laundering Act, 자금세탁방지규정) 준수 여부에 대한 감사를 지난 2018년 11월 8일 받았습니다.
이에 대한 결과로서, Hdac Technology가 지난 ICO 과정에서 FINMA의 AMLA 가이드라인을 준수한 것으로 결론 났다는 통보를 받았음을 알려 드립니다.
감사합니다.
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Hdac Glossary
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Privacy Policy
1. Introduction.
Hdac Technology AG respects the privacy of its Members, Contributors, Users or Clients and is dedicated to controlling the use and disclosure of information provided by Members, Contributors, Users or Clients using the Site. This Privacy Policy (the “Privacy Policy”) sets forth Hdac Technology AG’s policies regarding collection, storage, access, use and disclosure of information relating to a Member’s, Contributor’s, User’s or Client’s registration and use of the Site. Any terms not defined herein shall have the meaning set forth in the Terms & Conditions, the Transaction Terms & Conditions or the User Agreement.
2. Information Collection, Use And Disclosure Activities.
2.1 Registration Information.
To ensure that only legitimate entities and individuals are able to access the non-public areas of the Site and enter into transactions, we require each potential Member, Contributor, User or Client to, by using the Registration Page on the Site, provide (i) information regarding themselves (including name, e-mail address, job title, work address and work phone number), and (ii) information regarding their Company (including Company name and parent Company’s name and address). Upon receipt of Your registration data, Hdac Technology AG may contact You or Your Company to obtain other background information used by Hdac Technology AG to evaluate an applicant's qualifications for Membership, Contribution and/or Participation. Other than as specified in this Privacy Policy, the registration information will be used only internally by Hdac Technology AG and will not be disclosed to third parties without the applicable Member’s, User’s or Client's prior written consent. Notwithstanding of the before mentioned, Hdac Technology AG is obliged to report suspicious transactions and facts about individuals including Contributors to the relevant authorities without further notification and without becoming liable for any damage such action may cause.
2.2 References.
In addition to the information specified in Section 2.1, Hdac Technology AG may require Members, Contributores, Users or Clients or prospective Members, Contributors, Users or Clients to provide Hdac Technology AG with Company references to allow Hdac Technology AG to verify a Company’s capacity, legitimacy and reputability. Hdac Technology AG may provide such references to parties with which a Member, User or Client enters into a Negotiation to assure such parties that Company can meet its prospective obligations thereunder.
2.3 Member, Contributors, User or Client Profile.
Each Member, User or Client will create a Member, Contributor, User or Client profile that includes, among other things, information about this Member, Contributor, User or Client. Information in a Member, Contributor, User or Client profile are accessible only by the applicable Member, Contributor, User or Client, the Member, User or Client’s Group Administrator and Hdac Technology AG. Certain Member, Contributor, User or Client profile information will be provided to the parties engaged in a Negotiation in accordance with Section 2.5. Other than as permitted under this Privacy Policy, Member, Contributor, User or Client profile information will not be disclosed to third parties without the applicable Member, Contributor, User or Client's prior written consent.
2.4 Member, Contributor, User or Client Information.
(a) Hdac Technology AG may collect, use and disclose both on and off the Site, for marketing and other purposes, certain general, demographic and statistical information regarding Site usage and transactions.
(b) To assist Member, User or Clients in selecting companies they may do business with through the Site, Hdac Technology AG may make available to Member, Contributor, User or Clients and non-Member, Contributor, User or Clients certain performance statistics of all Companies, provided that such statistics shall not include any Company-identifiable pricing information.
(b) To assist Member, User or Clients in selecting companies they may do business with through the Site, Hdac Technology AG may make available to Member, Contributor, User or Clients and non-Member, Contributor, User or Clients certain performance statistics of all Companies, provided that such statistics shall not include any Company-identifiable pricing information.
2.5 Technical and Usage Information.
To operate the Site, enhance its functionality, and ensure that Members, Contributors, Users or Clients Negotiations and communications are convenient, dependable and secure, Hdac Technology AG may collect, store and use technical and Site usage information relating to a Member, Contributor, User or Client's activities on the Site. Such information includes the Internet Protocol (“IP”) address from which a Member, Contributor, User or Client accesses the Site, which is used only internally by Hdac Technology AG as required for server operation and other technical uses, and is not disclosed to Members, Contributors, Users or Clients or other persons. Hdac Technology AG may also track the pages of the Site accessed by Members, Users or Clients.
2.6 Member, Contributor, User or Client Communications.
Hdac Technology AG may use Member, Contributor, User or Client contact information, such as e-mail addresses, to communicate with Members, Users or Clients regarding registration and transactions, to notify Members, Contributors, Users or Clients of changes in Site functionality and features, product and service updates, policy changes, billing and other activities relating to a Members, Contributors, Users or Client's use of the Site, and for marketing purposes.
2.7 Legal Compliance.
In addition to the disclosures permitted pursuant to this Privacy Policy, Hdac Technology AG may provide Member, Contributor, User or Client information in connection with legal, administrative or judicial inquiries, claims or orders to the extent necessary to comply therewith or to enforce a User Agreement.
3. Collection And Use Of Information Using Cookies.
As with many state-of-the-art Internet sites, the Site uses “cookies” to enhance the functionality of the Site and to make transactions and other activities more convenient and efficient for Members, Contributors, Users or Clients. A “cookie” is a file stored locally on computers used to access the Member, Contributor, User or Client account that contains information relating to a Member, Contributor, User or Client's past use of the Site. For example, a cookie may contain information previously entered on a Site form, which may be recalled as default information when that form is accessed at a later time. This prevents re-entry of frequently used information each time a Member, Contributor, User or Client account is accessed. Cookies are also useful in streamlining log-in and in preserving transactional information between sessions. Cookies will likely play an increasingly important role as we enhance the ability of Members, Contributors, Users or Clients to customize the functionality of the Site to better meet their needs and preferences. Most Internet browsers include preference settings that allow users to be notified and control whether cookies are transferred to their computers. Please review Your browser's documentation or “help” feature for more information on that functionality. Although disabling cookies will not affect a Member, User or Client's ability to transact business on the Site, it may make such activities more time consuming.
4. Linked Sites.
The Site may contain hyperlinks through which other Internet websites may be accessed by Members, Contributors, Users or Clients. Hdac Technology AG is not responsible for and cannot make any assurances regarding privacy, or other policies or practices of the operators of such websites. Such links are provided only for the convenience of our Members, Contributors, Users or Clients, and the presence of any link does not imply that Hdac Technology AG endorses, approves or is responsible for such websites.
5. Security.
Hdac Technology AG is very concerned with the security of information relating to our Members, Contributors, Users or Clients' use of the Site and has implemented systems and procedures to prevent unauthorized access to that information including the use of Secure Sockets Layer (SSL) connection and password protection. Each Member, Contributor, User or Client will create its own username and password, the secrecy of which is the sole responsibility of the Member, Contributor, User or Client. In the event the integrity of a Member, Contributor, User or Client’s password is compromised, the Member, Contributor, User or Client shall immediately change its password.
6. Updates To The Privacy Policy.
Hdac Technology AG may update this Privacy Policy from time to time as new features and services become available on the Site and to keep pace with technological developments. The new terms shall be effective ten (10) days after they are initially posted on the Site. It is the responsibility of the Member, Contributor, User or Client to review the latest terms. If You do not agree with updated Privacy Policy, You should immediately cease use of the Site and the Services.
Terms & Conditions of the dac Token Generation Event by Hdac Technology AG
1. Introduction
The following Terms & Conditions (“Terms”) govern Token Generation Event (“TGE”) of Hdac Technology AG.
Hdac Technology AG aims to develop the Hdac Platform Core system and aims to provide support through marketing and other activities.
The Hdac platform aims to combine in future blockchain, and IoT in order to provide in future automated, machine-to-machine, ultra-low cost, microtransaction between IoT devices that are authenticated, mapped and verified through the blockchain.
In its architecture, the Hdac system will use a hybrid blockchain that has functions of a public blockchain to optimize transaction structure such as ePoW, improved block size, and fast transaction velocity. It will also has functions of a private blockchain that solve problems of security vulnerabilities, transaction speed and IoT authentication in order to meet conditions of IoT industry. The Hdac Platform will implement IoT contracts for devices to perform the planned operations with the technologies.
The Hdac system will ensure the efficiency and security of exponential growth of the IoT industry.
Hdac Technology AG (“Company”) is registered in Zug, Switzerland.
Hdac Technology AG aims to develop the Hdac Platform Core system and aims to provide support through marketing and other activities.
The Hdac platform aims to combine in future blockchain, and IoT in order to provide in future automated, machine-to-machine, ultra-low cost, microtransaction between IoT devices that are authenticated, mapped and verified through the blockchain.
In its architecture, the Hdac system will use a hybrid blockchain that has functions of a public blockchain to optimize transaction structure such as ePoW, improved block size, and fast transaction velocity. It will also has functions of a private blockchain that solve problems of security vulnerabilities, transaction speed and IoT authentication in order to meet conditions of IoT industry. The Hdac Platform will implement IoT contracts for devices to perform the planned operations with the technologies.
The Hdac system will ensure the efficiency and security of exponential growth of the IoT industry.
Hdac Technology AG (“Company”) is registered in Zug, Switzerland.
2. Creation and issuing of dacs
The Company will create and distribute to Participants in the TGE(“Participants”) after finishing the TGE. The total token amount is 12 billion dacs. The exchange ratio will be 1BTC = 22,000 dacs.
DAC Allocation
The total issuance amount will be 12 billion dac.
- 1. 7% of DAC will be kept for capital reserve.
- 2. 7% of DAC will be distributed to the Hdac presale / TGE participants.
- 3 The remaining 86% of DAC can be earned through equitable 'ePoW' mining. The first block reward will be 5,000 dac. For the next 163 years, anyone can join Hdac mining.
Use of Proceeds
Pre-mined DAC will be used as follows. (14% of the total)
Capital reserve (A+B : 7%)
A 35% of pre-mined DAC will be kept for capital reserve.
35% Capital Reserves
B 15% of pre-mined DAC will be kept by Hdac foundation & Hdac technology AG for capital reserve.
1% Hdac foundation / 14% Hdac technology AG
The Bitcoins raised through presale & TGE will be used as below (C+D+E : 7%)
C 24% of pre-mined DAC will be used to implement Hdac technology.
12% Hdac Core R&D / 5% Hdac IoT Hardware R&D / 7% Operation
D 11% of pre-mined DAC will be used for global marketing,
managing social media channels, advisors, and bounty programs.
11% Global Marketing
E 15% of pre-mined DAC will be used to create infrastructure, ecosystem organisation, liquidity management and activation.
11% Strategic Partners / 4% Business Development
NO ADDITIONAL TOKEN WILL BE ISSUED AFTER COMPLETION OF THE TGE DESCRIBED ABOVE. AFTER THE DEVELOPMENT OF THE Hdac MAINNET, dacs WILL ONLY BE OBTAINED BY MINING ACTIVITIES THAT ARE SPONTANEOUSLY DONE BY INDIVIDUALS.
3. Timing and duration of TGE
The TGE will be starting at 09:00(GMT+1) on November 27th, 2017 and will be finished at 23:50(GMT+1) on December 22th (26Days).
The Company reserves the right to change the duration of the TGE period for any reason, including the unavailability of the website https://hdac.io or any other unforeseen procedural or security issues.
The Company reserves the right to change the duration of the TGE period for any reason, including the unavailability of the website https://hdac.io or any other unforeseen procedural or security issues.
4. Liquidity of dacs
The Company is not involved and cannot and does not guarantee the listing of the dac and the market liquidity for dacs. By holding dacs, you expressly acknowledge and represent that you fully understand that dacs may experience volatility in pricing including the total loss in value and will not seek to hold the Company or related parties liable for any losses or any special, incidental, or consequential damage arising from, or in any way connected with holding of dacs.
5. Disclosures
In the spirit of openness, and to enable TGE Participants to have as much information as possible to guide their decision making process, the Company will make all participations publicly visible on the website at https://hdac.io.
6. TGE Web Page of https://hdac.io/
The Company will maintain a web interface, which can be used to participate in the TGE. The web interface will be available on https://hdac.io for participating in the TGE with BTC.
Failure to follow the instructions on the web interface may limit, delay, or prevent the participation in the TGE. Hdac Technology AG does in no case have any legal responsibility if any problem occurs and/or a Participant can not participate in the TGE due to system error, natural disaster, network traffic, and etc.
Any questions about these instructions should be directed to hdactech@hdactech.com.
Failure to follow the instructions on the web interface may limit, delay, or prevent the participation in the TGE. Hdac Technology AG does in no case have any legal responsibility if any problem occurs and/or a Participant can not participate in the TGE due to system error, natural disaster, network traffic, and etc.
Any questions about these instructions should be directed to hdactech@hdactech.com.
7. Obligation to determine if Participant can participate in his/her Jurisdiction
The TGE constitutes the contribution to the production of a software product under Swiss law. This TGE is conducted by a Swiss company regulated by Swiss law. It is the responsibility of each potential Participant of the TGE to determine if he/her can legally contribution in his/her jurisdiction.
8. Acceptance of Terms & Conditions of the TGE
The Participant in the TGE acknowledges that he understands, agrees with and accepts these Terms & Conditions and all associated documents including the White Paper and the Privacy Policy. He represents and warrants that he is legally permitted to participate in the TGE in his jurisdiction and is legally permitted to receive dacs. He also represents and warrants that the he is of a sufficient age to legally participate in the TGE (e.g. 18 years old in Switzerland) or has received permission from a legal guardian who has reviewed and agreed to these Terms. He also represents and warrants that the he will take sole responsibility for any restrictions and risks associated with the participation in the TGE.
9. Confirmation of Participation in the TGE
During the TGE on the https://hdac.io website, the Company will provide Participants with intermediary BTC wallet addresses. Using these wallet addresses, Participants can track and confirm that the Participant’s BTC’s have been received at these addresses. Knowledge of the unique intermediary BTC wallet addresses does not constitute a participation receipt or indicate in any way that any party possessing such knowledge has rights to or ownership of the dacs.
10. Registration, Receipt of dacs and KYC/AML Policy
As part of the TGE, and in order to participate to receive dacs, a Participant will need to provide full KYC/AML information and fulfil a registration process through the TGE Web Account. Participation in the TGE is not open to residents or citizens of the US, Singapore and China. Funds raised in the TGE can be refunded to contributors any time if legal provisions were neglected. Participation can be unilaterally cancelled by the Company without being obliged to give reasons.
Potential Participants have to investigate themselves if they are eligible to participate in the TGE. The Company may at any time refund contributions from any jurisdiction and delete the account and information provided from a potential contributor.
The Company holds a strict KYC/AML policy complying with international standards. Any suspicious transaction and any suspicious facts related to Participants will be reported to the relevant authorities without any further notice.
A potential Participant not willing to participate in the KYC/AML process or a potential Participant not accepted in the KYC/AML process will not be refunded.
Potential Participants have to investigate themselves if they are eligible to participate in the TGE. The Company may at any time refund contributions from any jurisdiction and delete the account and information provided from a potential contributor.
The Company holds a strict KYC/AML policy complying with international standards. Any suspicious transaction and any suspicious facts related to Participants will be reported to the relevant authorities without any further notice.
A potential Participant not willing to participate in the KYC/AML process or a potential Participant not accepted in the KYC/AML process will not be refunded.
11. Participation in the TGE on the https://hdac.io website
Participation in the TGE will only be possible through the TGE website https://hdac.io. To the extent that any third-party website or service offers participation or facilitates transfer of funds in any way during and after the TGE, such third-party websites or services are not sanctioned by the Company or its related parties and have no relationship in anyway with the Company. As a result, the Company prohibits the use of these third-party websites or services for the participation in the TGE. Participants should take great care that the site used to participate has the following universal resource locator(“URL”):
https://hdac.io
Please ensure that the URL of your web browser indicates that it is using a hypertext transport protocol secure connection (“https”) as depicted in the image above and that the domain name is correct.
By participating in the TGE, to the extent permitted by applicable law, the participant agrees to not hold any of the Company or related parties liable for losses incurred by any person, entity, corporation, or group of individuals or groups who uses a third-party service to participate in the TGE. The only official and authorized TGE website URL is https://hdac.io.
https://hdac.io
Please ensure that the URL of your web browser indicates that it is using a hypertext transport protocol secure connection (“https”) as depicted in the image above and that the domain name is correct.
By participating in the TGE, to the extent permitted by applicable law, the participant agrees to not hold any of the Company or related parties liable for losses incurred by any person, entity, corporation, or group of individuals or groups who uses a third-party service to participate in the TGE. The only official and authorized TGE website URL is https://hdac.io.
12. Fraudulent Attempts to Double Spend BTC
The Company will monitor all potential transactions for fraudulent attempts to double spend BTC. Any detected double spend of BTC will result in no dacs being generated for the associated address.
13. All Contributions of dacs Are Non-Refundable
PARTICIPATION IN THE TGE IS FINAL AND THE PARTICIPANT HAS NO RIGHT TO AKS FOR REFUNDING. THE PARTICIPANTS ACKNOWLEDGES THAT NEITHER THE COMPANY NOR ANY RELATED PARTY OF THE COMPANY ARE REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT THE PARTICIPANT WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR ANY dacs THAT ARE NOT USED OR REMAIN UNUSED. PARTICIPANTS WHICH DO NOT PASS OR ARE NOT WILLING TO PASS THE KYC/AML PROCESS ARE NOT REFUNDED.
14. Taxation
The Company makes no representations concerning the tax implications of the participation in the TGE and/or holding, possession or use of dacs. The Participant bears the sole responsibility to determine if the participation with BTC or any fiat currencies or the potential appreciation or depreciation in the value of dacs over time has tax implications for the Participant in the Participant’s home jurisdiction. To the extent permitted by law, the Participant agrees not to hold the Company or its related parties liable for any tax liability associated with or arising from the participation in the TGE and/or the holding/possession or use of dacs.
15. Privacy Notice
The Company requires full KYC/AML information from each Participant. The Company will not publish any identifying information related to a Participant without the prior written consent of the Participant. Participant may be contacted by email by the Company regarding their participation. The Privacy Policy, as published on the website of the Company, is applicable.
16. Important Notice
Ownership of dacs carries no rights neither expressly nor implied. The dac is not a security and gives no right to dividend payments, interest payment, participation in the liquidation procedure and rights to liquidations proceeds of the Company. The dac does not give right to participation, petition and/or voting rights in the shareholders meetings or any other meetings of the Company. The participation in the TGE is non-refundable and all raised funds belong to the Company and the Company is not obliged to pay anything back neither to Participants in the TGE nor to owners of dacs. Participants should have no expectation of influence over governance of the platform. By participating in the TGE, you expressly acknowledge and represent that you have carefully reviewed the Terms & Conditions and fully understand the risks, costs, and benefits of the participation and agree to be bound by these Terms. You further represent and warrant that, to the extent permitted by law, you are authorized to participate in the TGE in your relevant jurisdiction, are of a legal age to be bound by these Terms & Conditions, and will not hold the Company, its parent and affiliates, and the officers, directors, agents, joint ventures, employees and suppliers of the Company or its parent or affiliates, now or in the future and any other member of the Company nor its related parties liable for any losses or any special, incidental or consequential damages arising out of, or in any way connected to the participation in the TGE and/or because of your ownership of dacs. The contribution of dacs carries with it a number of risks. Prior to participating in the TGE or purchasing dacs, you should carefully consider the risks listed here and, to the extent necessary, consult an appropriate lawyer, accountant, or tax professional. If any of the following risks are unacceptable to you, you should not participate in the TGE nor possess dacs. By participating in the TGE and/or the ownership of dacs, and to the extent permitted by law, you are agreeing not to hold the Company nor its related parties liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected, to the participation in the TGE and by ownership of dacs. While the Company will provide general guidelines for user usage and storage of dacs before the Company becomes operational, Participants should have functional understanding of storage and transmission mechanisms associated with other cryptographic tokens. While the Company will be available to assist Participants during and after the TGE, the Company will not be responsible for lost BTC resulting from actions taken by, or omitted by Participants. Note, in particular, that Participants in the TGE should take great care to write down their account password and not lose it so as to be sure that they will be able to access their dacs when it becomes available after the TGE. This document is not a solicitation for investment and does not pertain in any way to an offering of securities in any jurisdiction. Individuals, businesses, and other organizations should carefully weigh the risks, costs, and benefits of participating in the TGE and acquiring the dacs.
17. Disclaimer of Warranties
THE CONTRIBUTOR EXPRESSLY AGREES THAT THE CONTRIBUTOR IS PURCHASING DACs AT THE CONTRIBUTOR’S SOLE RISK AND THAT DACs IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NONE OF THE COMPANY PARTIES WARRANT THAT THE PROCESS FOR PURCHASING DACs WILL BE UNINTERRUPTED OR ERROR-FREE.
18. Limitations Waiver of Liability
THE PARTICIPANT ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, dacs UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY KIND IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT NEITHER THE COMPANY NOR ITS RELATED PARTIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE THE dac. THE SAME APPLIES TO THE, INABILITY TO PARTICIPATE IN THE TGE. THE PARTICIPANT FURTHER SPECIFICALLY ACKNOWLEDGES THAT THE COMPANY IS NOT LIABLE, AND THE CONTRIBUTOR AGREES NOT TO SEEK TO HOLD ANY OF THE COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER PARTICIPTANS IN THE TGE OR OWNERS OF dacs, AND THAT THE RISK OF PURCHASING AND USING dacs RESTS ENTIRELY WITH THE PARTICIPANT AND/OR OWNER OF dacs TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS. UNDER NO CIRCUMSTANCES WILL THE COMPANIES OR ITS RELATED PARTIES BE LIABLE TO ANY PARTICIPANT FOR MORE THAN THE AMOUNT THE PARTICIPANT HAS PAID TO THE COMPANY BEFORE, DURING OR AFTER THE TGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION AND ELSEWHERE IN THE TERMS MAY NOT APPLY TO A PARTICIPANT. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY PARTICIPANT OR EXCLUDE INJURY ARISING FROM ANY WILLFUL MISCONDUCT OR FRAUD OF THE COMPANY.
19. Applicable Law
The TGE is organized by Hdac Technology AG, a legal entity incorporated in the Canton of Zug, Switzerland. Swiss material law is applicable.
20. Dispute Resolution
All disputes, controversies or claims arising out of, relating to, or in connection with the Terms, the breach there of, or the TGE shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said Rules. All claims between the parties relating to these Terms that are capable of being resolved by arbitration, whether sounding in contract, tort, or otherwise, shall be submitted to ICC arbitration. Prior to commencing arbitration, the parties have a duty to negotiate in good faith and attempt to resolve their dispute in a manner other than by submission to ICC arbitration. The arbitration panel shall consist of one arbitrator only, unless the ICC Court of Arbitration determines that the dispute is such as to warrant three arbitrators. If the Court determines that one arbitrator is sufficient, then such arbitrator shall be selected from Switzerland. If the Court determines that three arbitrators are necessary, then each party shall have 30 days to nominate an arbitrator of its choice — in the case of the Claimant, measured from receipt of notification of the ICC Court’s decision to have three arbitrators; in the case of Respondent, measured from receipt of notification of Claimant’s nomination. All nominations must be from Switzerland. If a party fails to nominate an arbitrator, the Court will do so. The Court shall also appoint the chairman. All arbitrators shall be and remain “independent” of the parties involved in the arbitration. The place of arbitration shall be fixed by the ICC Court, but the arbitral tribunal may conduct hearings, meetings, and deliberations at any location it considers appropriate. The language of the arbitration shall be English. In deciding the merits of the dispute, the tribunal shall apply the laws of Switzerland and any discovery shall be limited and shall not involve any depositions or any other examinations outside of a formal hearing. The tribunal shall not assume the powers of amiable compositeur or decide the case ex aequo et bono. In the final award, the tribunal shall fix the costs of the arbitration and decide which of the parties shall bear such costs in what proportion. Every award shall be binding on the parties. The parties undertake to carry out the award without delay and waive their right to any form of recourse against the award in so far as such waiver can validly be made.
21. Force Majeure
The Company is not liable for failure to perform solely caused by:
- * unavoidable casualty,
- * delays in any delivery,
- * embargoes,
- * government orders,
- * acts of civil, public or military authorities,
- * acts by common carriers, emergency conditions (including weather conditions) incompatible with safety or good quality,
- * workmanship, or
- * any similar unforeseen event that renders performance commercially implausible.
If an event of force majeure occurs, the party injured by the other’s inability to perform may elect to suspend the agreement, in whole or part, for the duration of the force majeure circumstances. The party experiencing the force majeure circumstances shall cooperate with and assist the injured party in all reasonable ways to minimize the impact of force majeure on the injured party.
22. Complete Agreement
These Terms sets forth the entire understanding between each Participant and the Company with respect to the participation in the TGE. For facts relating to the TGE the Participants agrees to rely only on this document in determining participation decisions and understands that these documents govern the participation in the TGE and supersede any earlier public statements made by third parties or by the Company, the team or individuals associated with the Company in the past and present and during the TGE.
23. Severability
The Participant and the Company agree, that if any portion of these Terms & Conditions is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms & Conditions, which shall continue to be in full force and effect.
24. Updates to the Terms & Conditions
The Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms & Conditions, at any time during the TGE by posting the amended Terms on the website (https://hdac.io). Any Participant will be deemed to have accepted such changes by participating in the TGE. If at any point, you do not agree to any portion of the then-current version of the Terms & Conditions, you should not participate in the TGE.
25. Further Information
For further information regarding the TGE, please contact hdactech@hdactech.com.
Hdac Technology AG, Zug, Switzerland.
© Copyright 2017 Hdac Technolgy AG. All Rights Reserved.
© Copyright 2017 Hdac Technolgy AG. All Rights Reserved.
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