The following terms of use apply to your use of each page of the website at www.dacm.io (Site) and by accessing and using the Site, you agree to these terms. Digital Asset Capital Management Inc. (DACM) and its affiliates (collectively referred to as we, our or us) reserve the right, at our discretion, to change, modify, add or remove portions of these terms at any time and by continuing to use the Site, you agree to be bound by these terms as amended.  

These terms incorporate our Privacy Policy and all associated privacy notices and cookies policies, and all other rules, policies and procedures that may be published from time to time on our Site, each of which is hereby incorporated by reference and each of which may be updated by us from time to time without notice to you.

If you do not agree to these terms of use as amended from time to time, you may not access or use the Site.  

You are not permitted to use our Site or permit or procure others to use it as follows:

• for any unlawful, improper or illegal purpose or activity;

• if you are under the age of 18;

• if you are not an authorized person as described below;

• if you do not possess the legal right and capacity to enter into a legally binding agreement with us;

• to interfere with anyone using our Site, or do anything that would be a breach of any other person’s privacy (including if you upload personal information about an individual without their consent) or any other legal rights;

• to violate our or any third party’s copyright, trademark, proprietary or other intellectual property rights;

• to damage our name or reputation or that of our affiliates or any third parties;

• to impersonate any of our employees or other person or use a false name while using our Site or implying an association with us;

• to penetrate or hack our security measures or other entities’ systems;

• to generate excessive amounts of internet traffic, to interfere with our network or other’s use of our Site or to engage in activities designed to or having the effect of degrading or denying service to users of our Site or others;

• to tamper with, modify, interfere with or damage our Site, including by introducing viruses, worms, harmful code and/or Trojan horses onto the internet or into our Site or any other entity’s systems and it is your responsibility to ensure that whatever you download or select for your use from our Site is free from such items;

• to transmit confidential or proprietary information, except solely at your own risk; and/or

• facilitating or assisting a third party to breach these terms of use.

You are prohibited from using our Site or any content on the Site or accessible from the Site in any way that competes with or facilitates any person’s or entity’s competition with our business. 

You agree to indemnify, defend, and hold harmless DACM, our affiliates and our officers, partners, employees, and agents from and against any and all claims, liabilities, damages, costs, losses, or expenses, including legal fees and costs, arising out of or in any way connected with your breach of these terms or access to or use of the Site.  We reserve the right to terminate or suspend any user’s access to the Site at any time. 

Authorized persons

The information provided in or accessible through the Site is only available to persons qualifying as eligible subscribers to our funds, being, for our BVI domiciled funds, ‘professional investors’ within the meaning of the British Virgin Islands Securities and Investment Business Act 2010 (as amended) and, for our Australian domiciled fund, ‘wholesale clients’ as that term is defined under the Corporations Act 2001 (C’th).  

The Site and the funds referred to are neither directed at nor made available to retail clients in any jurisdiction, and they are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.  They are not directed at ‘US Persons’ as that term is defined under Regulation S of the U.S. Securities Act of 1933. 

Links

This Site may provide links to other websites and when you click on one of these links, you may be redirected to another provider's website. The inclusion of any link does not imply our endorsement or our adoption of the statements on the linked site.  Linked sites and their providers are not controlled by us, and we are not responsible for the contents or the proper operation of any linked site. We make no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality, sequence or timeliness of any electronic content.. We encourage you to read the terms of use and privacy statements of these linked sites as their policies may differ from ours.

No Offer, Recommendation or Solicitation

DACM is registered as an ‘approved manager’ by the British Virgin Islands (BVI) Financial Services Commission (FSC). DACM Australia Pty Ltd ABN 50 624214 777 is an appointed corporate authorised representative (CAR No. 001293214) of Quay Wholesale Fund Services Pty Ltd AFSL 528526 and is authorized to deal in and provide certain general financial product advice with respect to specified DACM funds to ‘wholesale clients’ only.  The information on this Site has not been reviewed or approved by FSC, ASIC or any other regulatory or government authority and they take no responsibility for the financial soundness of DACM or its affiliates or funds, or for the correctness of any of the statements made or opinions expressed on the Site.  The content of this Site does not constitute general advice or personal advice by DACM or any DACM affiliate or fund in relation to a potential investment in any financial product or security, and it does not take into account any person’s particular investment objectives, financial situation or needs.  Accordingly it is not, and should not be considered as, a recommendation in relation to an investment in any entity or that an investment in any entity is a suitable investment for any specific person nor shall it, or the fact of its distribution, form the basis of, or be relied upon, in connection with or act as an inducement to enter into any contract or commitment.

Neither DACM, its affiliates nor any fund managed or advised by them is, or expects to be, registered as an investment company under the U.S. Investment Company Act of 1940, as amended and investors in the funds will not be entitled to the benefits of the Investment Company Act.  The shares in any fund managed or advised by us have not been subject to a public offering or registered under the U.S. Securities Act of 1933, as amended, and accordingly may not be offered, sold or otherwise transferred within the United States or to, or for the account or benefit of, “U.S. persons” as defined in Regulation S under the Securities Act absent registration or an exemption from registration under the Securities Act.

You should make your own enquiries and evaluations that you consider appropriate to determine the suitability of any investment (including regarding their investment objectives, financial situation, and particular needs) and you should seek all necessary financial, legal, tax and investment advice.  Nothing contained on this Site constitutes investment, legal, tax or other advice and is not to be relied on in making an investment or other decision.  An investment in any of our funds is subject to the relevant fund’s offering memorandum and its memorandum and articles of association or other constituting documents which may contain information that is different to the information on this Site and which must be thoroughly read before making an investment decision.  Such an investment may be deemed speculative and high risk and should not be regarded as a complete investment program.  Investments are subject to substantial market fluctuations and there can be no assurance that appreciation will occur or that material losses will not be realized.  The value of investments may fall as well as rise and there is no assurance given that any stated or implicit investment objective will be achieved. Past performance is not an indicator of future performance. The funds are only available subject to the terms of the offering memorandum to qualifying professional investors in selected jurisdictions where an offer of shares is authorized under applicable law.  They are designed only for experienced and sophisticated investors who are able to bear the risk of the substantial impairment or complete loss of an investment. 

No representation, warranty or liability

DACM and its affiliates, including their directors, related parties, representatives and employees, do not accept and expressly exclude to the fullest extent permitted by law all conditions, warranties, representations, undertakings and other terms which might otherwise be implied by statute, common law or in equity and any direct or indirect loss, liability, cost, expense, claim or damage of any kind and whether arising in tort (including negligence), contract or otherwise, even if foreseeable, resulting from or in connection with the Site, any information contained on the Site, or any links to third party websites. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by law.  The materials on the Site are provided “AS IS” and as available without warranties of any kind, either express or implied, to the fullest extent permitted by law. DACM does not assume any responsibility for, nor make any warranties that, information and supplies contained on this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the servers that make it available will be free of viruses or other harmful components. You must take your own precautions to ensure that whatever you select for your use from our Site is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

When using our Site, you agree you will comply with all applicable local, national and international laws and regulations, including those related to data privacy, international communications and exportation of technical or personal data. It may be illegal to view and/or download the information contained on our Site in certain countries and we and our affiliates disclaim all responsibility if you access or download any information from our Site in breach of any law or regulation of the country in which you are a citizen or in which you are resident or domiciled.  The internet is not a completely reliable transmission medium and we exclude any liability for any data transmission errors such as data loss or damage or alteration of any kind or for the security or confidentiality of information transmitted across the internet to or from us or any of our affiliates. Any such transmission of information is entirely at your own risk. 

This Site contains selected information and does not purport to be all-inclusive or contain all relevant information in relation to its subject matter. The information has not been independently verified and is provided on the basis that it will not be relied upon and that you are capable of making your own independent assessment as to the validity and accuracy of the financial assumptions, data, results, calculations and forecasts contained, presented or referred to herein, and the economic, financial, regulatory, legal, taxation, accounting and other implications of such information. No independent third-party audit or review has been obtained or verified as having been undertaken by any third party of the financial assumptions, data, results, calculations and forecasts contained, presented or referred to on this Site.  None of DACM or its affiliates, nor any of their respective shareholders, partners, members, directors, officers, management, employees, service providers, agents or representatives makes any representation or warranty, express or implied, as to the accuracy or completeness of any of the information on this Site. Each of the aforementioned parties expressly disclaims to the fullest extent permitted by law any and all liability relating to or resulting from the use of the information on this Site.

Pricing and other information generated through the use of data or services made available on or through the Site may not reflect actual prices or values that would be available in the market at the time provided or at the time that the user may want to purchase or sell a particular security or other instrument.  

Forward statements

To the extent that this Site contains forward-looking statements, forecasts, historical performance, estimates, projections and opinions (Forward Statements), no representation is made or will be made that any Forward Statements will be achieved or are correct. Actual future results and operations could vary materially from the Forward Statements. Any projections or statements of past performance are provided for general reference purposes and Forward Statements may be based on assumptions relating to the general economy, markets or other factors beyond the control or knowledge of DACM.  No representation is given that any assumptions upon which Forward Statements may be based are reasonable. Facts and circumstances may change and the contents of this Site may become outdated or incorrect as a result.  We do not undertake to keep the website updated and are not liable to you or anyone else if errors occur in the information on the Site or if that information is not up-to-date.

Material interests

We and our shareholders, directors, officers and/or employees may have material holdings in the investment funds, projects or tokens referred to on our Site and may otherwise be interested in transactions that you effect in those funds.  Our actual investment positions may not reflect some or all of the views presented on our Site or in our investment newsletters or other publications due to a range of possible factors, such as client or fund investment restrictions, liquidity factors, portfolio rebalancing and transaction costs, among others. 

Intellectual property

This Site and its contents (including all intellectual property) are propriety to DACM or third parties who have authorized its use.  All rights under the law in relation to the contents of the Site are reserved. DACM further reserves the right to alter or delete materials from this Site at any time at its discretion.  Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by DACM. Nothing on the Site should be construed as granting any license or right in relation to any of our intellectual property or that of any third party.  However we do grant you a license to access the website and view the content on the terms and conditions set out in this document and, where applicable, as expressly authorized by us and/or our third party licensors. 

No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, modify, transmit, reuse, repost, or use the content of the Site, including, without limitation, any text, images, audio and video, for public or commercial purposes without DACM’s written permission. Modification or use of the information or materials for any other purpose will violate the copyright and/or intellectual property rights of DACM and/or other parties.

General

These terms and your use of the Site shall be governed by the laws of the British Virgin Islands without regard to its conflicts of laws principles, and any legal action or proceeding related to this Site shall be brought exclusively in the BVI courts.  It is a condition of using our Site that you waive any objection to proceedings in such courts on the grounds of venue or that proceedings have been brought in an inconvenient forum, although we retain the right to bring proceedings against you for breach of these terms in your country of residence or such alternative jurisdiction as we deem appropriate.  These terms including privacy notices and cookie policies, and all other rules, policies, procedures or other provisions that may be incorporated by reference, form the entire agreement between you and us in relation to your use of the Site. 

Certain web pages or documents on the Site may contain additional terms, conditions, disclosures and disclaimers. In the event of a conflict between this Site’s terms of use and the additional terms on those pages or documents, the additional terms will prevail in relation to the applicable web pages or documents. 

If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Headings are for convenience, are not substantive and shall not be used to interpret or construe any of the provisions in these terms.

If you would like to contact us in relation to any information on the Site, please contact compliance@dacm.io.

Last updated 1 June 2023