User Agreement

DALI WALLET USER AGREEMENT

 

[Last updated: July 24, 2019]

References in this Agreement to “DALI Wallet”, “we”, “our” or “us”, are to DALI Wallet depending on the services being discussed, and references to “you” or “your” are to the person with whom DALI Wallet enters into this Agreement.

By signing up to use an account through DALI Wallet, or any of our associated websites or mobile applications (collectively the “Site”), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, as well as our Privacy Policy.

We refer to the Digital Currency Services (all defined below) collectively as the DALI Wallet Services.

*You should be aware that the risk of loss in trading or holding Digital Currencies can be substantial. As with any asset, the value of Digital Currencies can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in digital currencies. You should carefully consider whether trading or holding Digital Currencies is suitable for you in light of your financial condition. *

1. ELIGIBILITY.
To be eligible to use any of the DALI Wallet Services, you must be at least 18 years old and reside in a country in which the relevant DALI Wallet Services are accessible. Please note that not all DALI Wallet Services are available in every country or region. The list of DALI Wallet Services accessible by country or region can be found at Australia, South Korea, Japan, Taiwan(China), Hong Kong(China), Macao(China), Singapore, Philippines, Malaysia, Brunei, Indonesia, Cambodia, Thailand, Vietnam, Laos, Canada, United States, Argentina, Brazil, and Chile.

2. ACCOUNT SETUP.
2.1. Registration of DALI Wallet Account. To use the DALI Wallet Services, you will need to register for a DALI Wallet account (a “DALI Wallet Account”) by providing your name, email address and a password and accepting the terms of this Agreement. By using a DALI Wallet Account, you agree and represent that you will use the DALI Wallet Services only for yourself, and not on behalf of any third party. You are fully responsible for all activity that occurs under your DALI Wallet Account. We may, in our sole discretion, refuse to open a DALI Wallet Account for you, or limit the number of DALI Wallet Accounts that you may hold or suspend or terminate any DALI Wallet Account or the trading of specific Digital Currency in your account.

2.2 Third party Access. You are fully responsible for all acts or omissions of any third party with access to your DALI Wallet Account(s) and any action of such third party shall be considered to be an action authorized by you. Further, you acknowledge and agree that you will not hold DALI Wallet responsible for, and will indemnify DALI Wallet from, any liability arising out of or related to any act or omission of any third party with access to your DALI Wallet Account(s).

You may change or remove permissions granted by you to third parties with respect to your DALI Wallet Account(s) at any time.

2.3 Identity Verification. You agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, including as set out in Appendix 2 (Verification Procedures and Limits) and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to start using the DALI Wallet Services and to access specific DALI Wallet Services, including certain transfers of E-Money and Digital Currency, and the limits that apply to your use of the DALI Wallet Services may be altered as a result of information collected on an ongoing basis.

The information we request may include certain personal information including, but not limited to, your name, address, telephone number, email address, date of birth, taxpayer identification number, government identification number, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details. In providing us with this or any other information that may be required, you confirm that the information is accurate and correct and you agree to keep us updated if any of the information you provide changes. We will treat this information in accordance with Section 8 (Data Protection).

*You authorize us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further DALI Wallet Services and/or before permitting you to engage in transactions beyond certain volume limits. *

3. DIGITAL CURRENCY SERVICES.
3.1 In General. Your Digital Currency Wallet enables you to send Digital Currency to, and request, receive, and store Digital Currency from, third parties by giving instructions through the Site (each such transaction is a “Digital Currency Transaction”).

The Digital Currency Exchange Service enables you to buy Digital Currency using:

Digital Currency from / into your Digital Currency Wallet;

Conversely, when you sell Digital Currency you may elect to receive:

Digital Currency into your Digital Currency Wallet;

3.2 Transaction Fulfillment. We will make reasonable efforts to fulfill all purchases of Digital Currency, but in some circumstances, we may be unable to. If this is the case, we will notify you and seek your approval to re-attempt the purchase at the current Exchange Rate (as defined below).

3.3 Availability of Payment Methods. The availability of a method of payment depends on a number of factors including, for example, where you are located, the identification information you have provided to us, and limitations imposed by third party payment processors.

3.4 Conversion Fees. Each purchase or sale of Digital Currency is subject to a fee (a “Conversion Fee”). The applicable Conversion Fee will be displayed to you on the Site prior to each transaction and is stated in each receipt we issue to you. We may adjust our Conversion Fees algorithm at any time. We will not process a transaction if the Conversion Fee and any other associated fees would, together, exceed the value of your transaction. Sometimes we may have “free conversion fees” promotion though.

3.5 Exchange Rates. Each purchase or sale of Digital Currency is also subject to the Exchange Rate for the given transaction. The “Exchange Rate” means the price of a given supported Digital Currency in fiat currency as quoted on the Site. The Exchange Rate is stated either as a “Buy Price” or as a “Sell Price”, which is the price at which you may buy or sell Digital Currency, respectively.

You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time, and that we may add a margin or ‘spread’ to the quoted Exchange Rate. You agree to accept the Exchange Rate when you authorize a transaction. We do not guarantee the availability of any Exchange Rate. We do not guarantee that you will be able to buy and / or sell your Digital Currency on the open market at any particular price or time.

3.6 Authorizations; Reversals; Cancellations. By clicking the ‘Buy’ or ‘Sell’ button on the Site, you are authorizing DALI Wallet to initiate the transaction at the quoted Buy Price or Sell Price and agree to any associated Conversion Fees and Exchange Fees.

You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorize us, in our sole discretion, either to cancel the transaction or to debit your other payment methods, including balances on your Digital Currency Wallets, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider.

3.7 Digital Currency Transactions. We will process Digital Currency Transactions in accordance with the instructions we receive from you. You should verify all transaction information prior to submitting instructions to us. We do not guarantee the identity of any user, receiver, requestee or other third party and we will have no liability or responsibility for ensuring that the information you provide is accurate and complete.

We may charge network fees (“miner fees”) to process a Digital Currency Transaction on your behalf. We will calculate the miner fees at our discretion, although we will always notify you of the miner fees at (or before) the time you authorize the Digital Currency Transaction. Miner fees for each individual transaction will be disclosed to you at the time of purchase on the checkout page. When you or a third party sends Digital Currency to DALI Wallet from an external wallet not hosted on DALI Wallet, the person initiating the transaction is solely responsible for executing the transaction properly, which may include, among other things, payment of miner’s fees in order for the transaction to be successful. Non-payment of miner fees may cause your transaction to remain in a pending state outside of DALI Wallet’s control and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such transactions.

Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A Digital Currency Transaction is not complete while it is in a pending state. Digital Currency associated with Digital Currency Transactions that are in a pending state will be designated accordingly and will not be included in your Digital Currency Wallet balance or be available to conduct Digital Currency Transactions until confirmed by the network.

*We may also refuse to process or cancel any pending Digital Currency Transaction as required by law, regulation or any court or other authority to which DALI Wallet is subject in any jurisdiction. *

3.8 Digital Currency Storage & Transmission Delays. The DALI Wallet securely stores Digital Currency private password or keys, in a combination of online or offline or centralized storage, which are the means by which you can securely approve a Digital Currency Transaction. As a result of our security protocols, it may be necessary for us to retrieve private keys or related information from offline storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such Digital Currency Transaction.

3.9 Third party Payments. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase from, or sell to, any third party (including other users of the Digital Currency Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, any third party using Digital Currency transferred using the Digital Currency Services, or if you have a dispute with such third party, you should resolve the dispute directly with that third party.

If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify DALI Wallet Support at: service@dalichain.io so that we may consider what action to take, if any.

3.10 Operation of Digital Currency Protocols. We do not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. Generally, the underlying protocols are ‘open source’ and anyone can use, copy, modify, and distribute them.

We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee their functionality, security, or availability. You acknowledge and accept the risk that underlying software protocols relating to any Digital Currency you store in your Digital Currency Wallet may change.

4. SUSPENSION, TERMINATION, AND CANCELLATION.
4.1 Suspension, Termination and Cancellation. We may: (a) refuse to complete, or block, cancel or reverse a transaction you have authorized (even after funds have been debited from your DALI Wallet Account), (b) suspend, restrict, or terminate your access to any or all of the DALI Wallet Services, and/or (c) deactivate or cancel your DALI Wallet Account with immediate effect for any reason, including but not limited to where:

a. We reasonably believe that we need to do so in order to protect our reputation;

b. We are, in our reasonable opinion, required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction;

c. We reasonably suspect you of acting in breach of this Agreement;

d. We have concerns that a transaction is erroneous or about the security of your DALI Wallet Account or we suspect the DALI Wallet Services are being used in a fraudulent or unauthorized manner;

e. We suspect money laundering, terrorist financing, fraud, or any other financial crime;

f. Use of your DALI Wallet Account is subject to any pending litigation, investigation, or government proceeding and / or we perceive a heightened risk of legal or regulatory non-compliance associated with your DALI Wallet Account activity; and / or

g. you take any action that may circumvent our controls such as opening multiple DALI Wallet Accounts or abusing promotions which we may offer from time to time.

We may also refuse to complete or block, cancel or reverse a transaction you have authorized where there is insufficient Digital Currency in your Digital Currency Wallet to cover the transaction and (where applicable) associated fees at the time that we receive notification of the transaction or if your credit or debit card or any other valid payment method linked to your DALI Wallet Account or Digital Currency Wallet is declined.

4.2 If we refuse to complete a transaction and / or suspend, restrict or close your DALI Wallet Account, and / or terminate your use of DALI Wallet Services, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure, and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure. In the event that we refuse to complete a transaction and / or suspend your DALI Wallet Account we will lift the suspension or complete the transaction as soon as reasonably practicable once the reasons for refusal and / or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or canceled transaction.

We may suspend, restrict, or terminate your access to any or all of the DALI Wallet Services and/or deactivate or cancel your DALI Wallet Account, without reason by giving you two months’ notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your DALI Wallet Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.

4.3 Consequences of Termination or Suspension. On termination of this Agreement for any reason, unless prohibited by applicable law or by any court or other order to which DALI Wallet is subject in any jurisdiction, you are permitted to access your DALI Wallet Account for:

1. Ninety (90) days thereafter for the purposes of transferring Digital Currency and/or your Digital Currency Wallet(s); and/or

2. At any point in the six-year period commencing with the date of the termination of the Agreement for the purposes of transferring Digital Currency.

You are not permitted to use the DALI Wallet Services or your DALI Wallet Account for any other purposes during these periods and we may, at our discretion, limit the functionality of the Site for you accordingly.

If we suspend or close your account or terminate your use of DALI Wallet Services for any reason, we reserve the right to require you to re-complete the procedures outlined at Section 2.3 (Identity Verification) before permitting you to transfer or withdraw Digital Currency. You may cancel your DALI Wallet Account at any time by withdrawing all balances by contacting our service team: service@dalichain.io. You will not be charged for canceling your DALI Wallet Account, although you will be required to pay any outstanding amounts owed to us. You authorize us to cancel or suspend any pending transactions at the time of cancellation.

5. LIABILITY
5.1 Release of DALI Wallet. If you have a dispute with one or more users of the DALI Wallet Services (other than DALI Wallet), you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint venturers, employees and representatives, will be liable for any claims, demands and damages (actual and consequential, direct or indirect) of any kind or nature arising out of or in any way connected with such disputes.

5.2 Indemnification. You agree to indemnify us, our affiliates and service providers, and each of our, or their, respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this Agreement) or your violation of any law, rule or regulation, or the rights of any third party.

5.3 Limitations of Liability. DALI Wallet’s total aggregate liability to you for any individual claim or series of connected claims for losses, costs, liabilities or expenses which you may suffer arising out of, or in connection with, any breach by DALI Wallet of this Agreement shall be limited to a maximum aggregate value of the combined value of the Digital Currency on deposit in your Digital Currency Wallet at the time of the relevant claim. Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the purchase / sale amount (as relevant) of the transaction in dispute.

5.4 Limitation of loss. In addition to the liability cap at Section 5.3 (Limitations of Liability) above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:

a. Any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and / or any actual or hypothetical trading losses, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that we failed to process a buy or sell transaction properly, your damages are limited to no more than the combined value of the supported Digital Currency at issue in the transaction, and that you may not recover for any “loss” of anticipated trading profits or for any actual trading losses made as a result of the failure to buy or sell;

b. Any loss of, or damage to, reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same;

c. Any loss of use of hardware, software or data and / or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and / or any interruption in any such data; and

d. any loss or damage whatsoever which does not arise directly as a result of our breach of this Agreement (whether or not you are able to prove such loss or damage).

5.5 Applicable law. The limitation of liability in this Section 5 (Liability) is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the DALI Wallet Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractors’ negligence.

5.6 No Warranties. The DALI Wallet Services are provided on an “as is” and “as available” basis, with no further promises made by us around availability of the DALI Wallet Services. Specifically, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to the Site, any of the DALI Wallet Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.

We make no representations about the accuracy, order, timeliness or completeness of historical Digital Currency price data available on the Site. We will make reasonable efforts to ensure that requests for debits and credits involving bank accounts, credit and debit cards are processed in a timely manner but DALI Wallet makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and cheque issuances are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.

Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to you use and access of the DALI Wallet Services and Site.

5.7 No Liability for Breach. We are not liable for any breach of the Agreement, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.

6. SITE AVAILABILITY AND ACCURACY
6.1 Access & Availability. Access to DALI Wallet Services may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to buy or sell for periods of time and may also lead to support response time delays.

although we strive to provide you with excellent service, we do not guarantee that the Site or other DALI Wallet Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open; and

please note that our customer support response times may be delayed, including during times of significant volatility or volume, especially for non-trust and safety issues.

DALI Wallet shall not be liable for any losses resulting from or arising out of transaction delays.

6.2 Website Accuracy. Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, the Content (as defined below)) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors.

In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions.

Links to third party materials (including without limitation any websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third party materials accessible or linked to from the Site.

7. CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION
7.1 Contact DALI Wallet. If you have any feedback, questions, or complaints, contact us via service@dalichain.io

When you contact us please provide us with your name, email address, and any other information we may need to identify you, your DALI Wallet Account, and the transaction on which you have feedback, questions, or complaints.

7.2 Complaints. In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge receipt of your complaint if you contact us via service@dalichain.io. A customer complaints officer (an “Officer”) will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided, and any information provided by DALI Wallet.

Within 10 business days of our receipt of your complaint the Officer will address all points raised in your complaint by sending you an email (“Resolution Notice”) in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. In exceptional circumstances, if the Officer is unable to respond to your complaint within 10 business days for reasons beyond DALI Wallet’s control, the Officer will send you a holding reply indicating the reasons for a delay in answering your complaint and specifying the deadline by which the Officer will respond to your complaint (which will be no later than 30 business days from our receipt of your complaint.

Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.

7.3 Arbitration. If it has not been possible to resolve a dispute through the dispute process set out in Section 7.2 , any dispute exceeding USD5,000 (or equivalent in the local fiat currency that is used in your Customer Account) arising out of or in connection with this Agreement, including any question regarding the existence, validity or termination of this Agreement, (a “Dispute”) shall be referred to and finally resolved by arbitration under the Arbitration Rules of Hong Kong International Arbitration Center.

The number of arbitrators shall be one and the seat, or legal place, of arbitral proceedings shall be Hong Kong . The language to be used in the arbitral proceedings shall be English or Chinese, which are deemed to be incorporated by reference into this Section 7.3. The decision of the arbitrators will be final, binding and enforceable against you and us, and a judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction. In no event will the arbitrators have the authority to make any award that provides for punitive or exemplary damages.

If you are legally entitled to recover legal fees in relation to any claim, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, DALI Wallet will not seek to have you pay its legal fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous.

The parties agree to keep confidential all matters relating to the arbitration, including related court proceedings, to the greatest extent practicable. For purposes of this arbitration provision, references to the parties also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the DALI Wallet Services.

Nothing in this Section 7.3 (Arbitration) shall be construed as preventing either party from seeking conservatory or similar interim relief in any court of competent jurisdiction.

8. DATA PROTECTION.
8.1 Personal Data. You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided (or in the future provide) to us in relation to your employees and other associated, or other individuals (if you not an individual), in connection with this Agreement, or the DALI Wallet Services. We will process this personal data in accordance with the Privacy Policy. Accordingly, you represent and warrant that:

1. Your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;

2. Before providing any such personal data to us, you acknowledge that you have read and understood our Privacy Policy, a copy of which is available here: Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided the individual with a copy of, or directed the individual towards a web page containing that Privacy Policy (as amended from time to time); and

3. If from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide updated copies of the Privacy Policy to, or re-direct towards a web page containing the updated Privacy Policy, any individual whose personal data you have provided to us.

9. SECURITY
9.1 Password Security. In order to access DALI Wallet Services you will be required to create or will be given security details, including a user name and password. You are responsible for keeping the electronic device through which you access DALI Wallet Services safe and maintaining adequate security and control of any and all security details that you use to access the DALI Wallet Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is both encrypted and password protected.

Any loss or compromise of your electronic device or your security details may result in unauthorized access to your DALI Wallet Account by third-parties and the loss or theft of any Digital Currency and/or funds held in your DALI Wallet Account and any associated accounts, including your linked bank account(s) and credit card(s). You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others.

You should never allow remote access or share your computer screen with someone else when you are logged on to your DALI Wallet Account. DALI Wallet will never under any circumstances ask you for your IDs, passwords, or 2-factor authentication codes or to screen share or otherwise seek to access your computer or account. You should not provide your details to any third party for the purposes of remotely accessing your amount unless specifically authorized in accordance with Sections 3.2. Always log into your DALI Wallet Account through the Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

We assume no responsibility for any loss that you may sustain due to compromise of account log-in credentials due to no fault of DALI Wallet and/or failure to follow the requirements set out in this Section 9.1, or follow or act on any notices or alerts that we may send to you.

9.2 Authentication and Verification. In order to access DALI Wallet Services users are required to provide a phone number or email address and create a password. DALI Wallet offers second factor authentication via a user’s mobile device (Short Message Service or a supported Time-based One Time Password application). A verified phone number is required to enable second factor authentication via SMS. Users are responsible for keeping electronic devices through which DALI Wallet Services is accessed safe and maintaining adequate security and control of any and all security details that are used to access the DALI Wallet Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of said electronic devices and ensuring that said electronic devices are password protected. Any loss or compromise of personal electronic devices or security details may result in unauthorized access of a user’s DALI Wallet Account by third-parties and the loss or theft of any Digital Currency and/or funds held in your DALI Wallet Account and the misuse of any associated accounts, including linked bank account(s) and credit/debit card(s).

9.3 Security Breach. If you suspect that your DALI Wallet Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and / or DALI Wallet(together a “Security Breach”), you must:

1. Notify DALI Wallet Support as soon as possible by email free of charge at: service@dalichain.io;

2. Continue to provide accurate and up to date information throughout the duration of the Security Breach; and

3. You must take any steps that we reasonably require to reduce, manage or report any Security Breach.

Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.

9.4 Safety and Security of Your Computer and Devices. DALI Wallet is not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.

10. GENERAL
10.1 Your Compliance with Applicable Law. You must comply with all applicable laws, regulations, licensing requirements and third party rights (including, without limitation, data privacy laws) in your use of the DALI Wallet Services.

10.2 Limited License. We grant you a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the Site, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by us from time to time. Any other use of the Site or Content is expressly prohibited and all other right, title, and interest in the Site or Content is exclusively the property of DALI Wallet and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.

“DALICHAIN Foundation”, “DALI”, “DALICHAIN”, “DALI Wallet”, and all logos related to the DALI Wallet Services or displayed on the Site are trade marks or registered marks of DALICHAIN or its licensors. You may not copy, imitate or use them without our prior written consent.

10.3 Prohibited and Conditional Use. In connection with your use of the DALI Wallet Services, and your interactions with other users and third parties, you agree to comply with the ‘Policy on Prohibited Use, Prohibited Businesses and Conditional Use’ (as set out in Appendix 1). We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request.

Export Controls & Sanctions. Your use of the DALI Wallet Services and the Site is subject to international export controls and economic sanctions requirements. By sending, receiving, buying, selling, trading or storing Digital Currency through the Site or DALI Wallet Services, you agree that you will comply with those requirements. You are not permitted to acquire Digital Currency or use any of the DALI Wallet Services through the Site if:

1. You are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, the European Union or HM Treasury’s financial sanctions regimes (each a “Sanctioned Country”);

2. You intend to supply any acquired or stored Digital Currency or DALI Wallet Services to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.

10.4 Relationship of the Parties. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or DALI Wallet to be treated as partners or joint ventures, or either you or DALI Wallet to be treated as the agent of the other.

10.5 Privacy of Others. If you receive information about another user through the DALI Wallet Services, you must keep the information confidential and only use it in connection with the DALI Wallet Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to carry out a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited communications to another user through the DALI Wallet Services.

10.6 Contact Information. You are responsible for keeping your email address and telephone number up to date in your DALI Wallet Account profile in order to receive any notices or alerts that we may send you (including notices or alerts of actual or suspected Security Breaches). Please see Appendix 3 for more detail in relation to how we will communicate with you.

10.7 Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the DALI Wallet Services, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities. Your transaction history is available through your DALI Wallet Account.

10.8 Unclaimed Property. If we hold Digital Currency, and we are unable to contact you and have no record of your use of the DALI Wallet Services for several years, applicable law may require us to report the E-Money or Digital Currency as unclaimed property to the authorities in certain jurisdictions. We will try to locate you at the address shown in our records, but if we are unable to, we may be required to deliver any such E-Money or Digital Currency to the authorities in certain jurisdictions as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

10.9 Entire Agreement. This Agreement (including documents incorporated by reference herein) comprise the entire understanding and agreement between you and DALI Wallet as to the subject matter hereof, and it supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and DALI Wallet.

10.10 Interpretation. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.

10.11 Transfer and Assignment. This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and / or our obligations at any time, including as part of a merger, acquisition or other corporate reorganization involving DALI Wallet, provided that this transfer or assignment does not materially impact the quality of the DALI Wallet Services you receive. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

10.12 Security Interests. You must not create security over your Digital Currency unless we say you can in writing.

10.13 Invalidity. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.

10.14 Enforcement of Our Rights. We may not always strictly enforce our rights under this Agreement. If we do choose not to enforce our rights at any time, this is a temporary measure and we may enforce our rights strictly again at any time.

10.15 Language. This Agreement and any information or notifications that you or we are to provide should be in English or Chinese. Any translation of this Agreement or other documents is provided for your convenience only and may not accurately represent the information in the original English. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.

10.16 Change of Control. In the event that DALI Wallet is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this Agreement) as part of such merger, acquisition, sale, or other change of control.

10.17 Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the Sections relating to suspension or termination, DALI Wallet Account cancellation, debts owed to DALI Wallet, general use of the Site, disputes with DALI Wallet, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement.

10.18 Governing Law and Jurisdiction. This Agreement will be governed by Singapore law and the exclusive jurisdiction of the Singapore courts. However, if you are an individual not engaged in conduct related to your trade, business or profession, and you are resident outside Singapore, you may also petition the courts of the jurisdiction in which you reside (“Home Jurisdiction”) and the law governing this Agreement may include any such consumer laws of your Home Jurisdiction that provide greater consumer protection than is available under English law.

 

 

APPENDICES

Appendix 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE

1. Prohibited Use. You may not use your DALI Wallet Account to engage in the following categories of activity (“Prohibited Uses”). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of DALI Wallet Services involves a Prohibited Use or have questions about how these requirements apply to you, please submit a support request to: service@dalichain.io.

By opening a DALI Wallet Account, you confirm that you will not use your DALI Wallet Account and/or any DALI Wallet Services to do any of the following:

a. Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation or sanctions programs administered in the countries where DALI Wallet conducts business, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information.

b. Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Site, other DALI Wallet Accounts, computer systems or networks connected to the Site, through password mining or any other means; use DALI Wallet Account information of another party to access or use the Site, except in the case of specific merchants and / or applications which are specifically authorized by a user to access such user’s DALI Wallet Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of DALI Wallet.

c. Abuse Other Users: Interfere with another individual’s or entity’s access to or use of any DALI Wallet Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Site about others, including without limitation email addresses, without proper consent.

d. Fraud: Activity which operates to defraud DALI Wallet, DALI Wallet users, or any other person; provide any false, inaccurate, or misleading information to DALI Wallet.

e. Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of DALI Wallet intellectual property, name, or logo, including use of DALI Wallet trade or service marks, without express consent from DALI Wallet or in a manner that otherwise harms DALI Wallet or the DALI Wallet brand; any action that implies an untrue endorsement by or affiliation with DALI Wallet.

2. Prohibited Businesses. In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from DALI Wallet Services (“Prohibited Businesses”). Most Prohibited Businesses categories are imposed by card network rules or the requirements of our banking providers or processors. The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of DALI Wallet Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at: service@dalichain.io.

By opening a DALI Wallet Account, you confirm that you will not use DALI Wallet Services in connection with any of following businesses, activities, practices, or items:

a. Investment and Credit Services: securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estate opportunities; investment schemes;

b. Restricted Financial Services: check cashing, bail bonds; collections agencies;

c. Intellectual Property or Proprietary Rights Infringement: sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;

d. Counterfeit or Unauthorized Goods: unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen;

e. Regulated Products and Services: marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials;

f. Drugs and Drug Paraphernalia: sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporisers, and hookahs;

g. Pseudo-Pharmaceuticals: pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body;

h. Substances designed to mimic illegal drugs: sale of a legal substance that provides the same effect as an illegal drug (e.g. salvia, kratom);

i. Adult Content and Services: pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features;

j. Multi-level Marketing: pyramid schemes, network marketing, and referral marketing programs;

k. Unfair, predatory or deceptive practices: investment opportunities or other services that promise high rewards; sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers; and

l. High-risk businesses: any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies.

 

 

Appendix 2: VERIFICATION PROCEDURES AND LIMITS

DALI Wallet uses multi-level systems and procedures to collect and verify information about you in order to protect DALI Wallet and the community from fraudulent users, and to keep appropriate records of DALI Wallet’s customers. Your access to one or more DALI Wallet Services, and limits including daily or weekly conversion limits, DALI Wallet deposit, withdrawal and trading limits, instant buy limits, Digital Currency Wallet transfer limits, and limits on transactions from a linked payment method may be based on the identifying information and/or proof of identity you provide to DALI Wallet.

DALI Wallet may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any DALI Wallet Services and/or before permitting you to engage in transactions beyond certain volume limits. DALI Wallet may determine the volume limits according to the digital currency risk level.

 

 

Appendix 3: COMMUNICATIONS
1. Electronic Delivery of Communications. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your DALI Wallet Account and your use of DALI Wallet Services. Communications include:

a. Terms of use and policies you agree to (e.g. the Agreement and Privacy Policy), including updates to these agreements or policies;

b. Account details, history, transaction receipts, confirmations, and any other account or transaction information;

c. Legal, regulatory, and tax disclosures or statements we may be required to make available to you;

d. Responses to claims or customer support inquiries filed in connection with your DALI Wallet Account.

We will provide these Communications to you by posting them on the DALI Wallet website, or emailing them to you at the primary email address listed in your DALI Wallet profile, or communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.

2.How to Withdraw Your Consent. You may withdraw your consent to receive Communications electronically by contacting us at service@dalichain.io. If you fail to provide or if you withdraw your consent to receive Communications electronically, DALI Wallet reserves the right to immediately close your DALI Wallet Account or charge you additional fees for paper copies.

3.Updating your Information. It is your responsibility to provide us with a true, accurate and complete email address and your contact information, and to keep such information up to date. You understand and agree that if DALI Wallet sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out-of-date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, DALI Wallet will be deemed to have provided the Communication to you.

You may update your information by logging into your account and visiting settings or by contacting our support team at service@dalichain.io.

 

 

DALICHAIN Foundation