The following Terms and Conditions (“Terms”) govern the management of the ICO and the sale of cryptographic DRCGold tokens (hereby referred to as “DRCG”). The ICO is managed by CryptoXL Limited.
This document is not a solicitation for investment and does not pertain in any way to an offering of securities in any jurisdiction. This document describes the ICO in which the token (DRCG) is sold, as well as the conditions and terms and the possible benefits for the token purchasers.
The ownership of DRCG during the ICO carries no rights expressed or implied. The purchases of DRCG are non-refundable unless under the specific conditions set by the return and refund policy of the ICO. Purchasers should have no expectation of influence over the governance of the platform. By participating in the sale of DRCG, you expressly acknowledge and represent that you have carefully reviewed the Terms and fully understand the costs and benefits of purchasing DRCG and agree to be bound by these Terms. As set forth below, you further represent and warrant that, to the extent permitted by law, you are authorized to purchase DRCG in your relevant jurisdiction, are of a legal age to be bound by these Terms, and will not hold DRCGold, its affiliates, and the officers, directors, agents, joint ventures, employees and suppliers or our affiliates, now or in the future and any other member of the DRCGold (collectively “DRCGold Team & Parties”) liable for any losses or any special, incidental, or consequential damages arising out of, or in any way connected to the sale of DRCG.
Purchases of DRCG should be undertaken only by individuals, entities, or companies that have understanding of the usage and intricacies of cryptographic tokens and blockchain based software systems. Purchasers should have functional understanding of storage and transmission mechanisms associated with other cryptographic tokens. While the DRCGold team will be available to assist Purchasers of DRCG during the sale, our team will not be responsible in any way for losses resulting from actions taken by or omitted by Purchasers. The Purchaser is also liable for any losses or other damages he may suffer due to the legislation of his jurisdiction and by purchasing DRCG confirms that he has the right to purchase and own DRCG tokens.
Prior to purchasing DRCG, the purchaser should carefully consider the terms listed below and, to the extent necessary, consult an appropriate lawyer, accountant, or tax professional. If any of the following terms are unacceptable to you, you should not purchase DRCG. By purchasing DRCG, and to the extent permitted by law, you are agreeing not to hold any of the DRCGold Team & Parties liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected, to the sale of DRCG, including the losses associated with the terms set forth below.
TERMS AND CONDITIONS
1. Overview of the ICO of DRCG
DRCGold requires for its proper operation and the comprehensive utilization of its platform a cryptographic token titled DRCG. The purpose of this ICO is to gather funds for the proper implementation and future development of a Gold Mine platform as described in the White Paper.
The platform is designed to allow for fast, effective and safe cooperation in the field of gold mining operations in the Democratic Republic of Congo. The platform aims to create a unified network to create opportunities for individuals to sign contracts with gold mining facilities, and pay for said services through the platform by the means of the DRCG token. v
The Platform provides gold purchasing facilities and ways to pay for such services in a secure way using the DRCG.
The DRCG token will be the main means of payment within the platform, allowing for a fast, safe and efficient payment method that uses modern cryptography-based technologies to ensure the safety and high speed of all transactions.
An instant conversion of DRCG tokens into other currencies will be made possible In the spirit of openness, and to enable DRCG Purchasers to have as much information as possible to guide their decision-making process, the DRCGold Team will disclose on a daily basis, the total number of DRCG sold, reserved and outstanding to enable the Purchaser to develop an understanding of the size of the existing DRCG pool at the time of their purchase.
2. DRCGold Will Not Purchase DSCP During ICO
DRCGold warrants that it will not purchase DRCG in its own sale. Furthermore, DRCGold warrants that it will not purchase DRCG from any third party, or acquire DRCG in any manner, or acquire future control of DRCG, during the period of the ICO.
3. All Purchases of DRCG Are Non-Refundable
All purchases of DRCG are final. Purchases of DRCG are non-refundable, unless the ICO fails to reach the soft cap or in case of any other legally binding condition set by the applicable legislation.
4. Taxation of DRCG and Taxation Related to the ICO
The Purchaser bears the sole responsibility to determine whether the purchase of DRCG with BTC or ETH the potential appreciation or depreciation in the value of DRCG over time has tax implications for the Purchaser in the Purchaser’s home jurisdiction. By purchasing DRCG, and to the extent permitted by law, the Purchaser agrees not to hold any of the DRCGold Team & Parties and DRCGold itself liable for any tax liability associated with or arising from the purchase of DRCG.
Although the DRCGold Team requires that Purchasers provide proof of identity for AML and KYC purposes, DRCGold will not publish any identifying information related to any DRCG purchase without the prior written consent of the Purchaser. Purchasers may be contacted by email by the DRCGold Team regarding a purchase requesting additional information should it be proven necessary under the applicable legislation. DRCGold may refuse to sell tokens if the required information is not provided.
6. Disclaimer of Warranties
The purchaser expressly agrees that the purchaser is buying DRCG at the purchaser’s sole risk and that DRCG is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties, merchantability or fitness for a particular purpose. Without limiting the foregoing, none of the DRCGold team & parties warrant that the process for purchasing DRCG will be uninterrupted or error-free.
7. Limitations Waiver of Liability
The purchaser 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, DRCG or any exemplary or consequential damages, including for loss of profits, good will or data, in any way whatsoever arising out of the use of, or inability to use, or purchase of, or inability to purchase, DRCG. To the extent permissible under applicable laws, under no circumstances will DRCGold be liable to any purchaser for more than the amount the purchaser has paid under the ICO for the purchase of DRCG. No provision in these terms shall affect the statutory rights of any purchaser or exclude injury arising from any willful misconduct or fraud of DRCGold. The purchaser shall free DRCGold of any liability or loss that may arise due to the specifics of the legal regulation of ICO or cryptocurrencies of the purchaser’s home jurisdiction or any other legislation the purchaser may be subject to for any reason. The purchaser states that they have full rights to participate in the ICO, to purchase and own DRCG token and shall bear full responsibility should they not have such rights or act in violation of the legislation of their home jurisdiction and shall not hold DRCGold liable for any damages or other consequences they may suffer due to that.
8. Force Majeure
DRCGold is not liable for failure to perform solely caused by, but not limited to: • Natural disaster; • Act of war, • Enforcement of state legal acts, • Other unpredictable events or circumstances. If the event that a force majeure occurs, the party injured by the other’s inability to perform may elect to suspend the Agreement, in whole or in 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 the force majeure on the injured party.
9. Complete Agreement
These Terms set forth the entire understanding between each Purchaser and DRCGold with respect to the purchase and sale of DRCG. Regarding the facts relating to the sale and purchase, the Purchaser agrees to rely only on this document and the annexes to it in determining purchase decisions and understands that these documents govern the sale of DRCG and supersede any public statements about the ICO made by third parties or by members of DRCGold Team past and present and during the ICO.
The Purchaser and DRCGold agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part then that in no way shall mean that these terms and conditions are invalid in whole.
11. No Waiver
The failure of the DRCGold to require or enforce strict performance by the Purchaser of any provision of these Terms or the DRCGold's failure to exercise any right under these agreements shall not be construed as a waiver or relinquishment of DRCGold's right to assert or rely upon any such provision or right in that or any other instance.
12. Updates to the Terms and Conditions of the DRCG ICO
DRCGold reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time during the sale by posting the amended Terms on the website (https://drcgold.io). Any Purchaser will be deemed to have accepted such changes by purchasing DRCG.
13. Cooperation with Legal Authorities
DRCGold will cooperate with all law enforcement enquiries or requests provided they are fully supported and documented by the applicable law and shall perform the required procedures that are deemed necessary under the applicable state and international anti-money laundering standards.