DUALMINT TERMS OF SERVICE
1. Background
Welcome to DualMint! We are the future of Luxury Goods & Collectibles Represented as NFTs on the Blockchain. We are an ecosystem where individuals can mint physical assets under a secure legal framework into a digital NFT. We ensure that the legal provenance of every collectible is represented on the blockchain, and every NFT created is able to reference that same legal provenance. We provide a platform where you can buy, sell, and swap real assets seamlessly and transparently in a closed-loop ecosystem.
1.1 Please read these terms carefully before you transact on our Platform. These terms tell you who we are, the conditions on which you may be a seller or a buyer on our Platform, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.2 By using our Platform, you agree to these terms. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.
1.3 We are DualMint Limited, a company registered in Hong Kong, trading as DualMint. Our company’s registered office is Unit 708A, 7/F Arion Comm Ctr, 2-12 Queen's Road West, Hong Kong.
1.4 For any questions or problems relating to our Platform, our Services, or these terms, you can contact us by emailing us at support@dualmint.com.
1.5 We are the data controller in relation to our Platform and are responsible for your personal data. Please see Clause 14 and our privacy policy which is available here for information about what personal data we collect and what we do with it. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.
1.6 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
1.7 When we use the words "writing" or "written" in these terms, this includes emails.
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2. NFTs and Collectibles
2.1 Our Non-Fungible Tokens (NFTs) have a one-to-one relationship with every collectible that we hold. NFTs are the ideal way to trade collectibles, allowing for proof of ownership to be passed from seller to buyer electronically
2.2 Our goal is to build the premier platform where collectors and buyers can converge to trade these collectibles
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3. The DualMint Platform
3.1 Our Platform provides a complete solution for a) minting an NFT from attributes and legal documentation of a real-world collectible b) buying and selling of the NFT in a secure environment and c) redemption of the NFT and delivery of the Collectible for the final buyer.
3.2 Our partners work with sellers and buyers to fulfill all of the main requirements of an online marketplace. We coordinate services for transporting goods between locations; valuation of collectibles; authentication of legal provenance; storage; and much more.
3.3 Our Dual Provenance Protocol ensures that every collectible that is authenticated, approved, and secured in our vault has a secure real-world provenance that points to the NFT; and vice versa.
3.4 When we create an NFT hash, we also include the corresponding legal contract as a pointer to the metadata of the NFT; in addition, we re-sign the legal contract with the NFT hash.
3.5 Every transaction that happens to that Collectible (validations, shipments, etc) is recorded on the blockchain.
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4. Access and Use of Our Services
In consideration of DualMint allowing you to use the Services, you represent and warrant and agree that:
4.1 You are the exclusive beneficiary and/or legal owner of any cryptocurrency used or intended to be used for the purchase of any Collectible on the Services;
4.2 Your use of the Services will not violate any laws or regulations of any jurisdiction whose laws or regulations are applicable to you;
4.3 You are not a resident of a country that is subject to embargo by the United States or that the United States has designated as a “terrorist supporting” country, nor on any list of prohibited or restricted parties maintained by the United States;
4.4 You have not been identified as a Specially Designated National or placed on any sanctions list by the U.S. Treasury Department's Office of Foreign Assets Control, the U.S. Commerce Department, or the U.S. Department of State; and you will not use our Website to conduct any illegal or illicit activity;
4.5 You have not been placed on any of the following lists: European External Action Service Consolidated Financial Sanctions List; EU Terrorist List; FATF Non-Cooperative Countries and Territories; Federal Bureau of Investigation Most Wanted Terrorists & Seeking Information; Bank of England Sanctions List; HM Treasury Sanctions List; Politically Exposed People List; World Bank Ineligible Firms; Department of Foreign Affairs and Trade Consolidated List;
4.6 You will not reproduce, display, distribute, or create derivative works of any Collectible, including but not limited to any physical items associated with an NFT.
5. Accounts and Digital Wallets
5.1 You do not have to create an account in order to use or access the Platform. However, in order to access certain Services, including accessing certain features on our Website or paying for your DualMint NFT, you may be required to create an account with us or with a Third-Party Site.
5.2 The digital wallets that we support are listed on our Website. Your use of any digital wallet, including those we support, is at your own risk and subject to the terms and conditions of that digital wallet. You are responsible for all uses of your digital wallet and for any actions that take place using your digital wallet, whether by you or by another person.
5.3 You are solely responsible for maintaining the confidentiality of your account information (i.e., user ID, password, and/or challenge questions). You are also responsible for all activities that occur in connection with your account, irrespective of whether you personally engage in such activities. DualMint has no responsibility, and will not be liable in any way, for anything done via your account or using your password (including any unauthorized uses by third parties), such as the sale or transfer of your purchased NFTs. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
5.4 By using an External Wallet in connection with the Services, you agree that you are using such External Wallet under the terms and conditions of the applicable providers of such External Wallet. (For example, for the MetaMask wallet, those terms and conditions are available at https://metamask.io/terms.html.)
5.5 External Wallets are not operated by, maintained by, supported by, or affiliated with DualMint.
5.6 DualMint does not have custody or control over the contents of your wallet, and the private keys necessary to decrypt an External Wallet are held solely by you. DualMint has no ability to help you access or recover your private keys for your External Wallet.
5.7 DualMint accepts no responsibility or liability to you in connection with your use of an External Wallet, and makes no representations or warranties regarding how the Services will operate with any specific External Wallet. If you discover an issue related to your External Wallet, please contact your wallet provider.
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6. Minting Collectibles on DualMint
The collections on DualMint may be marketed or offered for sale by individual collectors, corporate brands, and other entities who choose to sell on DualMint.
6.1 If you mint an item on our Platform and list it for sale, you agree to comply with our rules for listing, content policies, and selling practices from time to time in force. You are responsible for the accuracy, completeness and truth of the content of the listing and the Collectible offered. We reserve the right to modify, suspend or delete any listing that violates our rules, policies, and practices, or to improve user experience.
6.2 While DualMint works with third parties to validate the authenticity of each collectible, the opinions expressed are those of scholars and experts that retain independent and expert knowledge of each collectible. DualMint assumes no liability for the opinions of these parties.
6.3 We have full discretion in determining the appearance, placement, and order of listings in search and browse results. The factors we may consider in making such a determination may include the buyer and seller's respective location, the search terms used, and the buyer and seller's respective history on the Platform.
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7. Buying and Selling on DualMint
7.1 The Platform provides users with a convenient interface that allows users to offer for sale, sell and buy NFTs backed by real collectibles. DualMint links collections by individual collectors to buyers who wish to buy an NFT.
7.2 When you purchase a collectible, you (a) agree to pay the price for such collectible as set forth in the marketplace, together with any expenses necessary to the fulfillment of the NFTs (including but not limited to any required gas fees) in connection with your purchase; and (b) authorize us and/or a third-party platform or system that fulfills payments for NFTs to charge your credit card, transact with your digital wallet, or other payment methods for the Full Purchase Amount.
7.3 You are solely responsible for any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with a transaction.
7.4 You represent and warrant that you have the legal right to use the payment method you provide to a third-party platform or system that fulfills payments for NFTs, including, without limitation, any credit card you provide when completing a transaction.
7.5 Upon purchasing a collectible, the associated NFT will appear in your DualMint portfolio and corresponding External Wallet. You will see a record of your Transactions on the applicable blockchain ledger. You acknowledge and understand that your Ethereum public address will be made publicly visible whenever you engage in a Transaction.
7.6 You acknowledge and agree that all information you provide with regards to an NFT transaction, including, without limitation, cryptocurrency, credit card or other payment information as the Platform may accept through a third-party platform or system from time-to-time, is accurate, current, and complete.
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8. Royalties
8.1 After the initial sale of the NFT, the DualMint Royalty Protocol ensures that the initial collector and subsequent owners will receive a part of the royalty generated
8.2 All royalties will be distributed via DUAL tokens to help with increasing the value of the ecosystem
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9. Redeeming your NFT and Shipping your Collectible
9.1 When you are ready to enjoy your collectible, the DualMint NFT is redeemed. DualMint will arrange for the collectible to be shipped to you.
9.2 Under your instruction, we will arrange for transportation and shipment of the collectible. We will also include insurance requirements at your discretion.
9.3 You affirm and represent that you have obtained any and all required permissions and consents; you have paid required custom taxes and fees; and you are using licensed intermediaries to receive the collectible.
9.4 Certain jurisdictions will have restrictions on import. Alcohol, for instance, is subject to import restrictions in many countries. At DualMint’s discretion, we will provide reasonable alternatives for DualMint NFT holders to redeem their NFTs in a way that is compliant to applicable law. No obligation to ship the collectible is final or binding until DualMint has completed compliance checks on the individual seeking redemption and on the jurisdiction in which the item will be shipped.
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10. Intellectual Property Rights
10.1 All information and other content on or presented to you through the Platform are owned by DualMint or licensed to us. Content and Collectible details may contain trademarks, copyright service marks, trade names and other intellectual property rights that are owned by us, our licensor, or partners.
10.2 You may not modify, distribute, copy, reproduce, or create derivative works based on the Site, the information or other content on the Site, or any Collectible, in whole or in part. You may not reverse engineer, decompile, or disassemble the Platform, NFT, or its underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law.
10.3 If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made and we may end your authorization to use our Platform.
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11. Use of Personal Information
11.1 When you register or otherwise use our Platform, you provide us with personal data which is collected and used in accordance with the terms of our Privacy Policy which is accessible here. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.
11.2 In the event you process personal data relating to a buyer or a seller for the purpose of effecting a transaction or otherwise using the Platform, you confirm and undertake that you will only process such personal data for the sole purpose of participating in the marketplace on the Platform and (where applicable) to supply the Collectible to buyers and you will apply all reasonable measures to keep such personal data secure.
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12. Limits of Liability
12.1 In no event shall we and/or our officers, suppliers, distributors, directors, partners, owners, agents, contractors, or representatives, be liable to you or anyone else for any indirect, punitive, incidental, special or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with our website, this agreement, the use or performance of our platform, the delay or inability to use our platform, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through our platform, or otherwise arising out of the use of our platform or services, whether based on contract, tort, negligence, strict liability or any other legal or equitable theory, even if we or any other party may have been advised of the possibility of damages.
12.2 In no event will the aggregate liability of DualMint, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these terms or the ownership of the DualMint NFTs, exceed the amount of the initial sale of the DualMint NFT on our platform.
12.3 The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional, willful or reckless misconduct of DualMint. If you are dissatisfied with any portion of our web site, or with any part of this agreement or your transactions with us, your sole and exclusive remedy is to discontinue using our services. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this agreement.
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13. Indemnity
13.1 You agree to defend, indemnify, and hold DualMint, its affiliates, employees, officers, suppliers, distributors, directors, contractors, representatives and agents and partners (including brand owners) (“DualMint Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any DualMint Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) any Feedback; (ii) your misuse of our Services or your DualMint NFT (iii) your breach or alleged breach of these Terms or the representations or warranties that you have made in these Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or regulatory authorities in connection with your use of our Services or your DualMint NFT; (v) information or material transmitted through your device used to access the site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; and (vi) any misrepresentation made by you (all of the foregoing, “Claims and Losses”).
13.2 You will cooperate as fully required by DualMint Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, DualMint Parties retain the exclusive right to settle, compromise and pay any and all Claims and Losses. DualMint Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a DualMint Party.
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14. Dispute Resolution and Waiver of Class Action
14.1 You and DualMint agree that each party may bring Claims against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party's claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and DualMint agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties.
14.2 All disputes, controversies, and claims arising out of or in relation to this Agreement (including the existence, validity, interpretation, performance, breach, or termination thereof) shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") under the UNCITRAL Arbitration Rules in force when the notice of arbitration is submitted, as modified by the HKIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules.
14.3 The number of arbitrator(s) shall be one (1).
14.4. The seat or legal place of arbitration shall be Hong Kong.
14.5 The language to be used in the arbitral proceedings shall be English.
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15. Errors and Omissions
15.1 Prices and availability of the initial sale of DualMint NFTs are subject to change without notice. Errors will be corrected where discovered, to the extent feasible.
15.2 We are not responsible for any errors with respect to the listed price of a DualMint NFT or availability of DualMint NFTs displayed on our Website, including any errors made by you when listing your DualMint NFT for sale.
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16. Governing Law and Jurisdiction
16.1 These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
16.2 The courts of Hong Kong Special Administrative Region shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.