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Terms of Use

 
By accessing and continuing to access the domain ducata.com and/or any of its subdomains ("Website") of DUCATA Ltd, ("DUCATA", "we", "us"), you confirm your agreement with and understanding of these Terms of Use, including the waiver of warranty and liability. If you do not agree to these Terms of Use, you must not continue to use the Website.
 

Access Subject to Local Restrictions

The Website is not directed at or intended for distribution to or use by any person resident or located in any jurisdiction where such distribution, publication, availability or use would be contrary to applicable law or regulation or would entail any registration or licensing requirements for DUCATA within such jurisdiction. If such restrictions apply to you, you are prohibited from accessing this Website and requested to leave the Website immediately.

US citizens and US passport holders are expressly excluded from participating in the Pre Sale.​​​​​ As a user of this Website you are not a resident of, a citizen of or located in a geographic area that is subject to UN-, US-, EU-, Swiss or any other sovereign country's sanctions or embargoes;

As a user, you are not listed, or associated with any person or entity being listed, on any of the US Department of Commerce's Denied Persons or Entity List, the US Department of Treasury's Specially Designated Nationals or Blocked Persons Lists, the US Department of State's Debarred Parties List, the EU Consolidated List of Persons, Groups and Entities Subject to EU Financial Sanctions or the Swiss SECO's Overall List of Sanctioned Individuals, Entities and Organizations;

Ownership

All website contents are under copyrights of DUCATA unless stated otherwise. DUCATA reserves all rights and interest in all information and content on the Website.

No offer, no advice and no client relationship

All information, functionalities and material contained on this Website are provided for informational purposes only. Nothing in this Website shall constitute an offer or a solicitation to purchase or sell any investment instruments or securities, effect any transaction or enter into any other legally binding relationship. Any legal binding relationship is only formed via an agreement that the contributor and DUCATA have signed. 

The information on this Website may not be suitable for you or available in the jurisdiction where you are located. Accordingly, the rules for protecting private customers that apply in the jurisdiction in which you are located may not apply. DUCATA does not provide investment, legal or tax advice through the Website. No investment or other decisions should be made solely based on the contents or information found on the Website. If you want to decide on your investments, you should seek the advice of a professional financial advisor or qualified expert.

Disclaimers and no Reliance on forward-looking Statements

Opinions and estimates expressed on this Website constitute our judgement at the time of publication and may change at any time. Risks, uncertainties and other factors may influence expected outcomes in forward-looking statements so that results materially differ from expectations. Information and opinions expressed in this Website have been obtained from sources believed to be reliable. However, we make no representation as to their accuracy or completeness and reserve the right to update the information on the Website at any time without prior notice.

Past performance should not be taken as an indication for future performance, and DUCATA makes no representation regarding future performance. The price and value of an investment can fall and rise, and certain investments, specifically investments based on distributed ledger technology, such as crypto assets.

No Warranty

DUCATA hereby expressly disclaims all warranties, express, statutory or implied, regarding the site and any results to be obtained from the use of the Website and its contents under the applicable laws and/or regulations of any jurisdiction.

The processing of personal data

While using our Website, you provide us with specific types of data, including personal data relating to you and your participation amount and composition. We only collect, store and use personal data that you directly provide or personal data offered to us to process. We will not use your data for any other goals unless you have permitted us to do so or if we are legally obliged or allowed to do so.

Below you will find an overview of the personal data we process:

  • Full name;
  • Street name & number; 
  • Postcode; 
  • City;
  • Country;
  • Date of birth; 
  • Place of birth; 
  • Country of birth; 
  • Email;
  • Phone;
  • IP address;
  • Location data;
  • Information about your activities on our website;
  • Other personal data that you actively provide, for example by creating a profile on this website, in e-mail and chat correspondence and one our social channels.

Purposes of the processing of personal data

We process your personal data for the following purposes:

  • ​​​​​​​​​​​​​​Offer you the opportunity to create an account;
  • Handling your registration as a contributor, handling the identification process (KYC), entering into an agreement and handling the payment;
  • Sending our newsletter;
  • To inform you about changes to our services and products;
  • To grant access to the Website www.ducata.com/*;
  • To offer the different features of our Website;
  • To improve the user experience;
  • To collect analytical data relating to the use of our Website;
  • To analyze user behavior on the website in order to improve the website;
  • DUCATA also processes personal data if we are legally obliged to do so, such as data that we need to demonstrate that we comply with applicable laws and regulations.

Retention periods

We will not store your personal data longer than necessary to achieve the purposes as named within these Terms of Use.

Confidentiality of data

We will not provide your personal data to any third parties for direct marketing purposes of these parties. Moreover, we will not provide your personal data to any other party unless this is necessary to execute an agreement or if we are legally obliged or allowed to do so.

Non-disclosure & Confidentiality

The information provided on this Website (after login) is confidential and is meant for you as a potential investor only, and shall not be disclosed to anyone else, except by means of sending invitations as an Ambassador once you are an investor.

As a website user, you agree to hold the information on the Website confidential for a period up until the Launch. Unless required by law or required by a Service Provider (e.g. Know Your Customer provider or bank), you shall not make any confidential Information available in any form to any third party or use confidential information for any purpose other than the subscription agreement. 

Confidential information shall mean all material and information that has or will come into possession or knowledge of yourself as a website user in connection with its performance hereunder and which in the ordinary course of business is considered to be treated confidential. This includes all the information as displayed on the Private Sale website, which can only be accessed by creating a personal account. This has been agreed upon as confidential information by accepting the terms & conditions of the Website. Specifically, this refers to all video's, articles and whitepapers providing information on the protocol and the content of the subscription agreement.

Confidential information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) is considered information created and owned by us and made public by us on our own initiative prior to or with the Launch (c) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (d) is lawfully disclosed to the other party by a third party without restriction on disclosure; or (e) is required to be disclosed by law or governmental regulation or by any competent body or authority and shall take all reasonable actions to avoid and limit such disclosure ("Confidential Information").

DUCATA Ltd. and the website user agree that any breach of the confidentiality obligations outlined above will result in the removal of the website visitor and its account without the Company having to provide notice of default.

In addition, if the website user fails to comply with any of its obligations under the confidentiality clauses as stipulated above, it forfeits an immediately due and payable penalty of USD 250,000 per breach and USD 25,000 for each day that such breach continues, without prejudice to DUCATA's right to claim specific performance and/or damages.

DUCATA Ltd. retains all rights, title and interest in all of our ideas, concepts, discoveries, processes, code, compositions, formulae, methods, techniques, information, data, patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how, the Whitepaper and trade secrets), and all other intellectual property rights, in each case whether patentable, copyrightable or protectable in trademark, registered or unregistered, and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which currently exist or will exist now or in the future in any part of the world (Intellectual Property). The website visitor may not use any of DUCATA's Intellectual Property for any reason without our prior written consent.

Security

We take appropriate security measures to limit and prevent misuse of and unauthorized access to your personal data. We ensure that only authorized people have access to your personal data and that access to your personal data is being controlled.

Cookies

As is common practice with almost all professional websites, this site uses cookies. Cookies are small files downloaded to your computer to improve your user experience. The information collected by a cookie about your use of our Website can be transferred to secured servers of DUCATA or servers of a third party.

Technical or functional cookies

Some cookies ensure the functioning of our Website's specific features and allow your user preferences to be remembered. So, for example, cookies can be used to correctly display fonts, remember your user session on the webserver so you can view the Website, or remember your participation amount and composition when using the various calculation tools on the Website.

Other cookies

Besides the above-mentioned technical and functional cookies, we use cookies to:

  • Improve and evaluate our Website;
  • Improve the user experience in general;
  • Adapt the Website to your preferences;
  • Gain insight into the use of our Website and services.

Google Analytics, Hubspot and KIssmetrics

This site uses Google Analytics, Hubspot CRM and Kissmetrics cookies, Google Analytics is one of the most widespread and trusted analytics solutions on the web for helping us to understand how you use the site and find ways to improve user experience. Google Analytics, Hubspot and Kissmetrics cookies may track things such as how much time you spend on the site and which pages you visit, so we can continue to produce engaging content. The information we obtain will, together with the address of your computer (IP address), be transferred to Google, Hubspot and Kissmetrics and will be stored by Google, Hubspot and Kissmetrics on servers within the United States of America.

Applicable law and jurisdiction

These Terms of Use and all matters arising out of or relating to these Terms of Use shall be governed by and construed following the laws of the British Virgin Islands (BVI). Any disputes which may arise between yourself and DUCATA in relation to these Terms of Use shall be subject to the exclusive jurisdiction of the Netherlands Court of Arbitration as a last resort.

All disputes arising in connection with the present agreement, or further agreements resulting therefrom, shall be settled, first by mediation, or in accordance with the arbitration rules of Netherlands Commercial Court. The place of arbitration shall be Amsterdam (the Netherlands). The proceedings shall be conducted in English.

Any court proceedings in the Netherlands before, during or after the arbitration will - to the extent allowed by law - exclusively be dealt with by the Amsterdam District Court or the Amsterdam Court of Appeal, whichever has jurisdiction, following proceedings in English before the Chambers for International Commercial Matters (Netherlands Commercial Court, which consists of the NCC District Court, the NCC Court in Summary Proceedings and the NCC Court of Appeal). The NCC Rules of Procedure (see www.ncc.gov.nl) apply to these proceedings. This clause is not intended to exclude Supreme Court appeal.

By the use of the website of ducata.com, acceptance of the specific T&C for the issuance and distribution of the DCM tokens, or general enjoyment of access to the protocol, the user freely, unequivocally, and voluntarily gives his or her valid consent for the general use of terms and conditions of the website, acknowledges the risk associated and accepts them and these terms and conditions of use. The user also acknowledged that these terms and conditions are easily and readily accessible for consultation. By raising no further question to DUCATA, the user declares and virtually indicates that (s)he deems himself/herself sufficiently, adequately and appropriately informed of his/her legal rights and obligations without consultation of the legal counsel of DUCATA or his/her own third-party counsel.
 

DUCATA Ltd.
By address SR Corporate Services Limited, Wattley Building, 2nd Floor, 160 Main Street, P.O. Box 3410, RoadTown, Tortola, British Virgin Islands (BVI)
Company registration number: 2145551