Terms & Condition
Children's Privacy YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB STIE, FALLS WITHIN THE CHILD ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.
Restrictions on Use of Materials Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from www.darwinphospitality.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Database Ownership, License, and Use Except with regard to personal information, all information which you post on this site or communicate to www.darwinphospitality.com through this site (collectively "Submissions") shall forever be the property of Duda Care Investments. www.darwinphospitality.com not treats any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without limitation, www.darwinphospitality.com shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
Trademarks www.darwinphospitality.com / Logo are a registered trademark and its use without permission is prohibited.
HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING SITE PROHIBITED Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the URL (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to 'frame' the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and are liable for all damages. You hereby agree to liquidate damages of USD 100,000 costs as actual damages for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS. The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor's computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
The Service is available only to Investors who are at least 18 years old. You represent and warrant that: (a) if you are an individual, you are of legal age, fully able and competent to form a binding contract; (b) all registration information you submit is accurate and truthful; (c). you will maintain the accuracy of such information; (d) your use of the Services does not violate any applicable law or regulation. darwinphospitality.com may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept this Agreement on such entity's behalf, and that such entity agrees to indemnify darwinphospitality.com for violations of this Agreement.
Registration and authorization process
Our Service and certain pages of the Site are available only to Investors who have been registered on darwinphospitality.com Site and have created a User account. Only Users with a valid username and password are authorized to access Service and Site. User shall not: (i) select a username already used by another User; (ii) use a username to which another person has rights without such person's authorization; or (iii) use a username or password that darwinphospitality.com, in its sole discretion, deems offensive or inappropriate. As part of darwinphospitality.com's authorization process, each User shall be required to provide, among other things, a valid email address. In providing your email address and agreeing to this Agreement, each authorized User consents to receiving email notifications from darwinphospitality.com concerning offerings. In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site; (b) maintain the security of your password and identification; (c) maintain and promptly update the registration data, and any other information that you provide to darwinphospitality.com, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the registration data and any other information you provide to darwinphospitality.com. Unauthorized use of the Site and our Service, including, but not limited to the misuse or sharing of passwords or misuse of any other information, is strictly prohibited. You may not use the Site in any manner that could damage, disable, overburden or impair the Site or Service or interfere with any other party's use and enjoyment of the Site or Service. You agree that you will not engage in any activities related to the Site that are contrary to respective laws or regulations. You further agree that you are responsible for any unauthorized use of your account that is made before you have notified darwinphospitality.com and we have had a reasonable opportunity to act on that notice. darwinphospitality.com reserves the right at its discretion to restrict, suspend or terminate your access to the Service, at any time, with or without prior notice, and even without receiving such notice from you, if we suspect that it is being used in an unauthorized, fraudulent, or illegal manner. darwinphospitality.com further reserves the right, at our sole discretion, to take appropriate legal action against anyone who violates respective laws or regulations, including reporting suspected violations to and cooperating fully with law enforcement authorities. You shall be solely responsible for maintaining the confidentiality of your password and fully responsible for all activities that occur by use of your account. Notwithstanding the above, you are responsible for monitoring your account and should promptly notify darwinphospitality.com by submitting to us a report of any known unauthorized or suspicious activity in your account, or breach of security, including loss, theft, or unauthorized disclosure of your password or financial information. You may terminate your account at any time by submitting a request. Before termination you are required to sell all assets you have in darwinphospitality.com and withdraw all your funds from your darwinphospitality.com online account. Your request will be considered within 48 business hours, and only after you accomplish the above required provisions will your account be terminated.
In order to use darwinphospitality.com's payment Services and for the purposes of carrying out, but not limited to, electronic transfers, Investments, sell and purchase of Shares, User must first open Electronic Account, or Perfect Money Account which operates with the darwinphospitality.com units, backed by United States of America Dollars (hereinafter referred to as the 'Electronic Account'). You agree to maintain only one Electronic Account with the Service at any time and certify that you currently have no other account(s) with the Service. User is responsible for all transfers from Electronic Account, even if the instructions provided by User are incorrect. Every recipient of a payment or transfer must have a valid Electronic Account. Once funds are credited to the recipient's Electronic Account, the transfer becomes irreversible. The term 'Electronic money' as used in this Agreement or the Site does not coincide with the meaning of the term 'Electronic money' as construed in the Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (hereinafter - Directive). 'Electronic money' means electronically stored monetary value as represented by a claim on the issuer which is issued on receipt of funds for the purpose of making payment transactions and which is accepted by a natural or legal person other than the electronic money issuer (Article 2(2) of the Directive). Meanwhile, the Directive does not apply to monetary value stored on specific pre-paid instruments, designed to address precise needs that can be used only in a limited way, because they allow the electronic money holder to purchase goods or services only in the premises of the electronic money issuer or because they can be used only to acquire a limited range of goods or services. Since darwinphospitality.com money (units) can only be used within the darwinphospitality.com crowd funding platform and exclusively for the purpose of buying and selling shares and obligations, they are not electronic money within the meaning of the Directive.
Fees and Payments
You shall pay all fees and charges incurred, and implement all your transactions through your Electronic Account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by darwinphospitality.com or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You have the right to withdraw funds from your Electronic Account at any time, however, you may be required to confirm your identity beforehand. There is no minimum withdrawal amount, but the funds on your Electronic Account must be sufficient to cover any applicable withdrawal fee. You may choose the method of withdrawal when submitting your withdrawal request.
Enrollment in the Affiliate Program
All new Users have the right to earn a commission for referring customers to darwinphospitality.com Site ('Affiliate Activity'). The commission for Affiliate Activity is a flat 4%, plus a bonus that varies and depends on activity of referred customers. At our sole discretion we reserve the right to change the formula for calculating the bonus at any time, without prior notice. Thus, the full commission is recalculated on a daily basis and is shown inside User's account. darwinphospitality.com has the right to disable the bonus part of the commission for an affiliate partner, and even terminate an affiliate account, if darwinphospitality.com determines (at its sole discretion) that affiliate's website is unsuitable for the affiliate program for any reason, including, but not limited to, inclusion of content that is considered by darwinphospitality.com to be unlawful, harmful, undesirable, or otherwise does not meet this Agreement. If darwinphospitality.com rejects or terminate your application for any reason, you may not reapply to the darwinphospitality.com Affiliate Program utilizing the same domain name/URL if that domain name/URL has already been rejected nor may you reapply using a different domain/URL name then add your link to the previously rejected domain name/URL. darwinphospitality.com, at its sole discretion, reserves the right to notify or to not notify any prospective affiliate of their rejection or removal from the darwinphospitality.com Affiliate Program at any time.
Company listings on this Site are only suitable for Investors who are familiar with and willing to accept the high risk associated with Investments. The term 'Investment' in this Site shall imply the investment which is made through providing funds under the terms and conditions of loan and does not imply the purchase of securities. The term 'Share' in this Site shall imply the rights of the Investor under Investment, that include but are not limited to: collecting interest, receiving a refund for said Investment, assigning or conceding the Investor's rights to other persons, demanding the fulfillment of obligations by the Companies, etc. Consequently the terms 'Sell Share' or 'Buy Shares' in this Site mean the assignment of Investor's rights under and interest in said Investment to other User at the agreed price. Companies' projects listed on the Site are not publicly offered and, therefore, are less liquid. Companies seeking Investments tend to be in earlier stages of development and have not yet been fully tested in the public marketplace. Investing Companies listed on the Site requires high risk tolerance, low liquidity concerns, and long-term commitments. Investors must be able to afford to lose their entire Investment. The value of the Share and the income from the Investment can fall as well as rise. Future performance is not guaranteed by past performance. The contents of this Site do not constitute legal, financial, or tax advice. Investors are solely responsible for conducting any legal, accounting or due diligence review. It is highly recommended to obtain investment and tax advice from your advisers before deciding to invest. Investment products are not guaranteed by any bank or financial institution, and may lose value. None of the information contained in the publicly available portions of the Site constitutes a recommendation, solicitation, or offer buy or sell any Shares, securities, options or other financial instruments or other assets, nor provide any investment advice or service. The information contained in the Site has been prepared without reference to any particular User's investment requirements or financial situation. The information and services provided on the Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where darwinphospitality.com is not authorized to provide such information or services. Some products and services described in the Site may not be available to all clients or in all jurisdictions.
Use of Links
Third Party Content
Certain portions of the Site may contain third party content and may provide links to webpages and content of third parties (collectively "Third Party Content"). darwinphospitality.com does not control, endorse, investigate, or adopt any Third Party Content, and makes no representations or warranties of any kind regarding the Third Party Content, including with respect to its accuracy or completeness. You acknowledge and agree that darwinphospitality.com is not responsible or liable in any manner for any Third Party Content or your reliance upon Third Party Content. Users use such Third Party Content at their own risk.
Proprietary Rights & Copyright Policy
The Site and Service, including but not limited to darwinphospitality.com's trademarks, trade names, service marks, copyrights, logo, content, video, audio, graphics, photographs, and goods (the "Content"), is protected by respective law. darwinphospitality.com owns and retains all rights in the Content and the Service. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, and arranged by darwinphospitality.com and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of darwinphospitality.com. You agree to protect the proprietary rights of darwinphospitality.com and all others having rights in the Service during and after the term of this Agreement and to comply with all reasonable written requests made by darwinphospitality.com and licensors to protect their and others' contractual, statutory, and common law rights in the Service. You may not use, alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy or transmit any Content or other such proprietary information without the express written permission of darwinphospitality.com. Except as expressly permitted herein, you shall not use the Content or the Service, or the names of any individual participant in, or contributor to the Service, or any variations or derivatives thereof, for any purpose, without darwinphospitality.com's prior written approval. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to darwinphospitality.com for its exclusive use. If you believe that any material on the Site violates this Agreement or your intellectual property rights, please notify darwinphospitality.com as soon as possible by sending an email to firstname.lastname@example.org with the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iii) your contact information, including your address, telephone number, and an email address; (iv) a statement by you that you have in good faith that use of the material in the manner called into question is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, darwinphospitality.com will also terminate a User's account if the User is determined to be a repeat infringer.
Permission is granted to temporarily download one copy of the materials (information or software) on the Site for personal, non-commercial transitory viewing only. This constitutes grant of a license, not a transfer of title, and under this license you may not (i) modify or copy the materials; (ii) use the materials for any commercial purpose, or for any public display (commercial or non-commercial); (iii) attempt to decompile or reverse engineer any software contained on darwinphospitality.com's web site; (iv) remove any copyright or other proprietary notations from the materials; or (v) transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by darwinphospitality.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must delete any downloaded materials in your possession whether in electronic or printed format.
Restrictions on Use
You agree to access the information on the Site solely for the purpose of evaluation of potential investment opportunities on the Site. You may not use the Service for any illegal purpose or in any manner inconsistent with the Agreement. You agree not to use, transfer, distribute, or dispose of any information contained in the Site and Service in any manner that could compete with the business interests of darwinphospitality.com. You may not publish information that may be considered as misleading and aimed to destroy the reputation of darwinphospitality.com. User accounts that are proven to be involved in such activity may be terminated at any time. darwinphospitality.com reserves the right to refuse to provide further Service to Users whose accounts are proven to be involved in the aforementioned activity(ies). You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of the Service, except that you may download material from the Service and/or make a print copy for your own personal use, provided that you retain all copyright and other proprietary notices. You may not recirculate, redistribute or publish the presentation included in the Service without darwinphospitality.com's prior written consent. You will not damage, disable, overburden, or impair the Service, or interfere with anyone else's ability to access or use the Service. You will not disrupt or try to gain unauthorized access to any account, Electronic Account, computer, hardware, or network related to the Service. You will not use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam"); or send, either directly or indirectly, any spam through the Service. You will not use any trademarks, trade names, service marks, copyrights, or logos of darwinphospitality.com in unsolicited mailings or spam material. You agree to comply with any other applicable terms of service set forth in this Agreement.
darwinphospitality.com has no special relationship with or fiduciary duty to you. You acknowledge that darwinphospitality.com has no control over, and no duty to take any action regarding: which Users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release darwinphospitality.com from all liability for you having acquired or not acquired Content through the Site. darwinphospitality.com makes no representations concerning any Content contained in or accessed through the Site, and darwinphospitality.com will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site or the Service. darwinphospitality.com neither represents, warrants, covenants guarantees, implies, nor promises any specific results from use of the Site. THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.