D’CENT Terms and Conditions
Please read the following terms and conditions carefully. By accessing or using our websites and our services, you hereby agree to be bound by the terms and all other terms incorporated herein by reference. If you do not expressly agree with all of the terms and conditions, then please do not access or use our websites or our services. These terms and conditions are effective as of October 15, 2018.
Acceptance of Terms and Conditions
The following terms and conditions are legally binding agreement that shall govern the relationship with end users (purchasers) and others which may interact or interface with IoTrust Co., Ltd, also known as IoTrust, located at suite #501, Gasan Business Center, 165 Gasan Digital 1-ro, Geumcheon-gu, Seoul, Korea in association with the use of the D’CENT website, which includes www.idcent.io
and its services.
These terms and conditions constitute the entire agreement between end users (purchasers) and IoTrust and shall govern the use of IoTrust’s services, superseding any prior version of these terms and conditions between end users (purchasers) and us with respect to IoTrust’s services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other IoTrust’s services, affiliate services, or third-party content or software.
To order and use D’CENT, end users (purchasers) must be at least 20 years old (in case of Korean citizens, 18 years old) and have the legal capacity to sign the contract. And it is end users’ (purchasers’) responsibility to determine and select the product that suits their needs.
It is at the mutual agreement of both end users and IoTrust with regard to the terms and conditions that the relationship between the parties shall be governed by the laws of the Republic of Korea without regard to its conflict of law provisions and that any and all claims, causes of action, and/or disputes arising out of or relating to the terms and conditions, or the relationship between end users and IoTrust shall be filed within the courts in the Republic of Korea. Any dispute relating to the application or interpretation of these terms and conditions which cannot be solved amicably will be brought before the court with material and territorial jurisdiction in accordance with the legal and regulatory provisions in force unless you have the quality of merchant. In the latter case, the parties agree to submit their dispute to the commercial court of the Republic of Korea.
Intellectual Property Rights and Trademarks
IoTrust is the sole owner of all intellectual property rights related to the product (D’CENT) and the site. Any contents presented or made available by IoTrust in the future, such as text, logos, images, digital downloads, and data compilations, are the property of IoTrust and are protected by Korean and international intellectual property law. IoTrust’s and/or D’CENT trademarks and logos shall not be used for products or services that are not owned by IoTrust, or in any way that could cause confusion in public or in any way that disparages or discredits IoTrust. Accordingly, you agree not to reproduce, represent, extract, and use any or all of IoTrust’s trademarks, logos, website or product.
IoTrust grants personal, non-transferable, non-exclusive, and worldwide license to use the software associated with the product. This license is exclusively intended to enable end users (purchasers) to use the product and benefit from the related features. End users (purchasers) shall not copy, modify, distribute, sell or rent any or all of the software that is part of D’CENT. Similarly, you shall not decompile or attempt to extract the source code of such software, except in cases where the right to decompile is authorized by law and within the limits set by the law, or where you have obtained written authorization from IoTrust to do so. The foregoing does not apply to the use of open source software that is under open source license used by the product.
IoTrust warrants to end users (purchasers) that its products, excluding content and/or software supplied with or on the product, will be free from material defects in manufacture, will confirm to IoTrust’s published product specifications and be fit for normal use during the applicable warranty period commencing on the date of purchase. The applicable warranty period shall be ONE YEAR from the date of purchase.
To make a warranty claim, please contact IoTrust at firstname.lastname@example.org within the warranty period and provide the receipt (showing purchasing price, purchasing date, place of purchase, name of the reseller, and the product name, type, and number). You may return the product by following the guidelines listed. For further information, see www.idcent.io.
IoTrust may have an option to repair the product or provide you with an equivalent product; and, if unable to repair or replace the product, will refund the purchase price. Neither IoTrust nor any parent company, officer, director, member, shareholders agent, employee or joint venture of IoTrust shall be liable for any direct, indirect, consequential, incidental or special damages whatsoever, including without limitation, business interruption, extra expense, loss of profits, loss of property (for purpose of this warranty, the term “property” shall specifically include any Bitcoin or any other form of crypto-currency/property stored or maintained on the product), loss of use property, delay or damages consequential upon delay, and/or loss of use of property, or for damage caused by improper use (including use in an incompatible device and use not in accordance with the instructions) or by improper installation, unprofessional repair, modification or accident, whether resulting from negligence, breach of contract, failure of essential purpose or otherwise, and even if the possibility of such is or was foreseeable by end users (purchasers), IoTrust or any other person or entity.
To the extent permitted by applicable law, this warranty does not apply to:
- Damage or loss of product caused by acts of nature including, but not limited to, floods, storms, fires, and earthquakes
- Damage caused by the operator’s error or non-compliance with the instructions as set out in the accompanying documentation
- Damage resulting from accident, abuse, misuse, neglect, improper handling or improper installation
- Damage or loss of product caused by undue physical or electrical stress, including, but not limited to, moisture, corrosive environments, high voltage surges, extreme temperatures, shipping or abnormal working conditions
- Damage or loss of data caused by improper usage and behavior which is not recommended and/or permitted in the product documentation
- Normal wear and tear
- Alterations by persons other than IoTrust, associated partners or authorized service facilities
- Counterfeit products
- Products on which the original software has been replaced or modified by persons other than IoTrust, associated partners or authorized service facilities
- Damage or loss of data due to interoperability with current and/or future versions of the operating system, software and/or hardware
- Failure of the product caused by usage of the products not supplied by IoTrust
For purpose of this agreement, the foregoing types of excluded damage shall include any cost arising out of a product recall. This constitutes IoTrust’s entire liability, which will never exceed the price you have paid for it, plus the necessary costs you have spent for the warranty claim. IoTrust disclaims all express and implied warranties to the fullest extent permitted by law. If IoTrust cannot disclaim implied warranties under the applicable law, then to the extent possible, such implied warranties are limited to the duration of the express warranty. The warranty duration on any replaced product will be that portion of the warranty period remaining on your original product.
Refund & Product Exchange Policy
Our policy is to inspect all returned products when they arrive at our processing facilities.
In order to obtain refund, end users (purchasers) must initiate a product return request to email@example.com, within 14 days upon the delivery of the product. For a refund to be fulfilled, the product(s) must be returned unused and sealed in the original package with all original materials provided in their complete condition including the receipt that shows the purchasing date and price as well as seller’s name. In case end users (purchasers) receive any points and/or discount coupons during the purchasing process, given points and/or coupons shall be returned to IoTrust and/or issuer. Upon internal inspection is completed, IoTrust will issue a full refund minus the shipping charges, tariff, and local tax. Also, end users (purchasers) are entitled to receive a full refund in case of canceling the order before ordered item is confirmed to be shipped. However, if product is opened and/or unsealed, or security tag is removed or broken, end users (purchasers) cannot receive a full refund.
Product Exchange (Replacement)
If the delivered product is damaged or defective at the time of its receipt, end users (purchasers) may return it in order to get a replacement of the product. In case of product exchange (replacement), the limited warranty period shall not be changed from original product purchasing date. End users (purchasers) also need to submit the receipt that shows the purchasing date and price, seller’s name, and product serial number, and the shipping charge will be borne by the sender (end users/purchasers). Lastly, IoTrust and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any data loss or damage, and end users (purchasers) shall be responsible for all data including private keys and cryptocurrencies etc. on the product.
Member’s Responsibility for His/Her Account
A member shall be responsible for all disadvantages and/or damages caused by inappropriate administration and/or negligence of handling information related to his/her account, such as the ID and password, and fraudulent use by a third party etc. However, if disadvantages and/or damages caused by IoTrust (Company), Company shall bear the responsibility.
In case a member recognizes that information related to his/her account is stolen or used by a third party, he/she shall immediately take measures such as changing the password and inform Company for further instructions.
Registration at D’CENT Online Mall
To register and become a member of the “D’CENT Online Mall”, he/she shall fill in the registration form and agree with these terms and conditions. “D’CENT Online Mall” shall accept such registration request except for the following cases:
- If the applicant has lost membership previously; or
- If there is any false, missing and/or missing information in the registration details.
Upon completion of signing up for a membership contract, “D’CENT Online Mall” shall send approval notice to the applicant.
Withdrawal of Members’ Accounts and Disqualification of Membership
A member may withdraw his/her account at any time, and “D’CENT Online Mall” shall immediately suspend, terminate, discontinue, and limit such account.
Company shall not store any information (including IDs and passwords) related to members’ accounts at the premises, and such information shall be deleted permanently when a member withdraws his/her account. Company may terminate, discontinue, suspend and/or limit of a member’s account if the member;
- Registers false information
- Disseminates any program and/or virus that causes malfunction and destruction of IT systems and/or equipment
- Violates e-Commerce rules and regulations including interfering with other members’ use of “D’CENT Online Mall” and/or stealing other member’s information, etc.
- Performs any actions through and/or at “D’CENT Online Mall” in violation of its terms and conditions as well as any public order and standards of decency
- Once member’s account is limited and/or suspended,, Company may terminate the account permanently if end users (purchases) repeat the same or similar cases more than two times or are not taking corrective actions within 30 days (from the date of notice from Company)
- Once a member account is disqualified, Company may terminate the account accordingly. But Company shall notice its decision to end users (purchasers) before it terminates the account, and end users (purchasers) shall be given a chance to explain and/or clarify.
Notice to Members
The primary communication channel with registered members shall be e-mail address that was registered during the signing-up process.
In case any information needs to be disseminated and/or any announcement needs to be made to the public including unspecified users, Company shall post such information on D’CENT web-site for more than one week (at the minimum). And Company shall make individual notices about matters that could have an impact and/or effect on a member’s own transactions.
To the fullest extent permitted by law, IoTrust shall not be liable for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses.
Liability of End Users (Purchasers) You are solely responsible for the way you use, store, and back-up your information and data relating to your cryptocurrencies in connection with the products. You are solely responsible for maintaining the confidentiality of your personal data in general (usernames, recovery words, PIN codes, and bio-data) any means to secure your personal access to your accounts while using the products as well as restriction on access to your computer and other equipment, and to the extent permitted by applicable law, you agree to be responsible for all activities that have been conducted from your account. You must take necessary steps to ensure that your personal data remains confidential and secured.
Please report any and all violations of these terms and conditions to IoTrust as follows:
IoTrust Co., Ltd
Suite #501, Gasan Business Center,
165 Gasan Digital 1-ro, Geumcheon-gu, Seoul, Korea