3. Term and Termination. This Agreement will remain in full force and effect while you use the Service and/or have an account. You may disable your account at any time, for any reason, by following the instructions in the Service. The Service may terminate or suspend your account at any time without notice if the Service believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. The Service is not required to disclose the reason for the termination or suspension of your account.
4. Transfer to third parties. This agreement extends to all parties and platforms associated, affiliated, or partnered with the DART platform. This includes, but is not limited to, brokerages, exchanges, trading accounts, custodial, non-custodial transfer agents, and other platforms where DART or its associated or contracted parties may hold accounts. DART or its associates may, from time to time, use accounts or relationships under the associated entity accounts. The user indemnifies DART or its associates of all liability, damage, or harm that may arise from use of these accounts.
5. Account Security. You are responsible for maintaining the confidentiality of the username (email) and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Service of any disclosure or unauthorized use of your username or password or any other breach of security and ensure that you log out from your account at the end of each session.
6. Your Interactions with Other Users. You are solely responsible for your interactions with other users. The service also does not inquire into the backgrounds of all of its users or attempt to verify the statements of its users. The service makes no representations or warranties as to the conduct of users or their compatibility with any current or future users.
7. Limitation on Liability. The Company, its affiliates or its partners will not be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service. You agree to take all necessary precautions in all interactions with the Service and other users. In addition, you agree to review and follow the Service's safety tips, located in the Service, prior to using the Service.
8. Your Interactions with Other Users. You are solely responsible for your interactions with other users. The service also does not inquire into the backgrounds of all of its users or attempt to verify the statements of its users. The service makes no representations or warranties as to the conduct of users or their compatibility with any current or future users.
9. Content Posted by You in the Service.
You are solely responsible for the content and information that you post in the Service, including text messages, chat or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post as part of the Service, or transmit to the Company or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false.
You understand and agree that the Service may, but is not obligated to, monitor or review any Content you post. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Service or the Company.
By posting Content as part of the Service, you automatically grant to the Service, its affiliates, licensees and successors, an irrevocable, perpetual, non- exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to use, copy, perform, display, reproduce, record, adapt, modify and distribute the Content.
Prohibited transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs.
A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Prohibited take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information
The Service reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision.
10. Prohibited Activities. The Service reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Service regards as inappropriate or unlawful.
11. Services Provision
The service provides you virtual platform functionality for electronic and other types of crypto currency. The service regulates transactions through the Service, granting orders procedure, operations types and order of their execution, further security fees types that charged from users during the Service operation, etc.
The service provides virtual platform to conduct operations on the next types of electronic and other types of cryptocurrency: BTC, ETH, USD. The service may open up additional directions (currencies) of operations conducting in the Service.
Operations conducting in the Service is execute on basis of the user warrant.
The information provided on Service does not constitute investment advice, financial advice, trading advice or any other sort of advice and you should not treat any of the content as such. Additionally, The information provided herein is not an offer or solicitation to buy or sell any coins. Service does not recommend that any specific cryptocurrency should be bought, sold or held by User and nothing on this website should be taken as an offer to buy, sell, or hold a cryptocurrency. The User conducts transactions on his own risk and undertakes full responsibility for their feasibility. User must conduct his own due diligence and consult your financial advisory before making any transactions. Trading or exchanging cryptocurrency entails significant risks. This risk disclosure statement cannot and does not disclose all the risks involved in purchasing, holding, or trading cryptocurrency.
Additional conditions and mechanisms of operations conducting in the Service shall be governed by additional agreements and provisions, which are placed in the Service and shall be binding for The services order in the Service is Your agreement for the services provision according to this document and other documents conditions, posted on the Service
12. Modifications may include changes to the formulas used to calculate value of SOPX, SOAX, and costs of any third party actions such as fees involved in conversions, withdrawals, exchanges, redemptions and any other user actions on the website dart.cash.
13. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the Service.
14. Anti-Money Laundering (AML) and Know Your Customer (KYC) Policy
AML and KYC policy applies to www.dart.cash and its Users and has the purpose of obstruction and actively prevent money laundering and any activity that facilitates money laundering or funding of terrorist or criminal activities. The company requires its managers, employees and branches follow the principles of this Policy in order to prevent the use of their services for money laundering.
The User undertakes to comply with the legal norms including international, to combat illegal trafficking, financial fraud, money laundering and legalization of funds obtained by illegally;
Eliminate the direct or indirect participation in illegal financial activities and any other illegal transactions with by using the Site.
User guarantees the legal origin, legal ownership and right to use funds transferred by him / her to www.dart.cash accounts. In case of suspicious or fraudulent cash replenishment, https://dart.cash/ reserves the rights to block the User's account for further investigation of the suspicious transactions nature.
During the investigation Company reserves the right to request a copy of the User ID, as well as other documents confirming the legal possession and origin of funds.
The User prohibited to use the services and / or software for any illegal or fraudulent activities, or for any unlawful or fraudulent transactions including money laundering under the laws of the country the User originates from.
DART is always complying with the standard KYC-AML rules and does not accept any User of Restricted Nations or State Sponsors of Terrorism that do not comply with these rules, and based on the Sanctions Programs and Country Information of OFAC: https://ofac.treasury.gov/sanctions-programs-and-country-information.
15. Limitation on Liability. To the fullest extent allowed by applicable law, in no event will the Service, its affiliates, business partners, licensors or service providers will not be liable to you or any third person for any consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, loss of goodwill, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if the Service has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Service’s liability to you for any causes whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the terms of this agreement must be filed within one year after such claim or cause of action arose.
17. Notices. The Service may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
DART DAO Systems Pvt. Ltd., (the “platform” or “DART”) has been engaged as the platform of the Trade Script Provider, (the “TSP”) pursuant to the terms and conditions of this agreement (“DART Agreement)”. The platform is responsible for, among other things, calculating the TSP’s net asset value, performing certain other accounting, back-office, data processing, processing subscriptions, redemptions and transfer activities of Users in the TSP, certain anti-money laundering functions and related administrative services.
The DART Agreement provides that the platform shall not be liable to the TSP, any User or any other person in absence of finding of willful misconduct, gross negligence, or fraud on the part of DART. Furthermore, the TSP shall indemnify and hold harmless the platform, its affiliates, and their respective officers, directors, shareholders, employees, agents and representatives (collectively, the “DART Parties”) from and against any liability, damages, claims, loss, cost or expense, including, without limitation, reasonable legal fees and expenses (individually, “Loss” and collectively, “Losses”) arising from, related to, or in connection with the services provided to the TSP pursuant to the DART Agreement, unless any such Losses are the direct result of the willful misconduct, gross negligence or fraud of DART. In no event shall DART have any liability to the TSP, any User or any other person or entity which seeks to recover alleged damages or losses in excess of the fees paid to DART by the TSP in the 3 months preceding the occurrence of any loss, nor shall DART be liable for any indirect, incidental, consequential, collateral, exemplary or punitive damages, including lost profits, revenue or data, regardless of the form of the action or the theory of recovery, even if DART has been advised of the possibility of such damages or such damages were foreseeable. Any claim brought against DART in connection with the DART Agreement will be barred unless it is initiated within one year of the earlier of the disclosure of the event which is the subject of such claim or the date that the party advancing such claim knew or could with due inquiry have known of such event.
DART shall not be liable to the TSP, any User or any other person for the actions or omissions of any agent, contractor, consultant or other third party performing any portion of the services under the DART Agreement absent a finding of gross negligence or fraud on the part of DART in appointing such agent, contractor, consultant or other third party.
DART shall not be liable to the TSP, any User or any other person for actions or omissions made in reliance on instructions from the TSP or advice of legal counsel.
The services provided by DART are purely administrative in nature. DART has no responsibilities or obligations other than the services specifically listed in the DART Agreement. No assumed or implied legal or fiduciary duties or services are accepted by or shall be asserted against DART. DART does not provide tax, legal or investment advice. DART has no duty to communicate with Users. DART does not have custody of TSP’s assets, it does not verify the existence of, nor does it perform any due diligence on the TSP’s performance or underlying business model and its regulatory or compliance responsibilities. In connection with the payment processing functions, DART shall not be responsible for performance of the due diligence on payment recipients other than in connection with payments for Users’ withdrawals from the TSP, which are subject to anti-money laundering review functions of the services.
The DART Agreement also provides that it is the obligation of the TSP’s management, and not of DART, to review, monitor or otherwise ensure compliance by the TSP with the investment policies, restrictions or guidelines applicable to it or any other term or condition of the TSP’s offering documents, including, without limitation, with its valuation policy or the TSP’s stated trading strategy, and with laws and regulations applicable to its activities. The TSP’s management’s responsibility for the management of the TSP, including without limitation, the valuation of the TSP’s assets and liabilities, including, defining and maintaining the valuation policy and for fair valuing the TSP’s assets, the oversight of the services provided by DART and the review of work product delivered by DART shall not be affected by or limited by any of the services provided by DART.
The DART Agreement provides that DART is entitled to rely on any information, including valuation information, received by DART from the TSP, the TSP’s management or other parties, including without limitation, broker-dealers and data vendors, without independent verification, audit, review, inquiry, or performing other due diligence and DART shall not be liable to the TSP, any User or any other persons for losses suffered as a result of DART relying on incorrect information. DART has no responsibility to review, independently value, verify, compare to other pricing sources or otherwise perform due diligence on the valuation or trading information. DART may accept such information as accurate and complete without independent verification. Furthermore, DART shall not be liable to the TSP, any User or any other person for any loss incurred as a result of an error or inaccuracy of any valuation information received from the TSP or from any pricing or valuation service or data service provider or delay, interruption in service or failure to perform of any pricing or valuation service or data service provider used by DART.
The information on User statements and other reports produced by DART shall not be considered an offer to sell or a solicitation of an offer to purchase any interest in the TSP, nor may it be used to induce or recommend the purchase or holding of any interest in the TSP.
The DART Agreement bars non-parties from asserting third party beneficiary claims against DART.
The TSP pays DART fees out of the TSP’s assets, generally based upon the size of the TSP the performance, or agreed upon fee structure, in accordance with DART’s standard schedule for providing similar services, subject to a monthly minimum.
Either party may terminate the DART Agreement on 180 days’ prior written notice as well as on the occurrence of certain events.
Users may review the DART Agreements by contacting the TSP; provided, that DART reserves the right not to disclose the fees payable thereunder.
DART is not responsible for the marketing, offerings, materials presented by the TSP or the activities of the TSP and therefore accepts no responsibility for any information contained in any other text, verbal, or media materials.
The Service does not offer financial services such as Custody or Management of capital. The Service only serves as a technological platform and marketplace that allows users to connect digital asset exchanges, trading providers, investment managers (where licensed and applicable), and other service providers. The Service is not responsible or liable for any damages resulting from using or availing any other service providers made available. Users (you) must perform your own due diligence and risk assessment on each service, feature, or function that is provided by the Service.
The Service operates in a HIGH RISK industry and engaging with the Service or any providers on it may result in physical, financial, and emotional harm. The Service may not be held responsible or liable for any harm or damages arising from use of the Service including but not limited to damages due to negligence, industry failures, market failures, or technology failures.
Updated: February, 2022