Terms of Use
Last updated: December 2, 2020
These Terms of Use ("Terms") are a contract between you and DXone Ltd. (“DXone”) with its principal offices at DXone Ltd., Floor 7, Novel Tower, Alexandrou Panagouli 1, Avenue, 6057 Larnaca, Cyprus and applies to your use of DXone.com, the DXone platform, DXone mobile applications and any products, services, or content found on the proceeding.
Use of Dxone amounts to acceptance of these policies and all users must read, agree with, and accept all of the terms. This is a legally binding contract, and users are advised to carefully read these Terms of Use, all related notices and to consult a specialist including but not limited to a financial consultant, tax advisor, or lawyer before continuing use of DXone. By registering, accessing or using DXone, you have agreed to the terms and conditions as laid out in these Terms of Use.
In addition to these Terms of Use, users of DXone is additionally subject to the following; Acceptable Use policy, Cookie policy, Privacy policy, KYC/AML policy, Law Enforcement Requests policy, and Risk Warning. These policies, as well as any future policies of which due notice shall be given, comprise an integral part of these Terms of Use.
You agree that disputes between you and DXone will be resolved as detailed in this Terms of Use. You waive all rights to participate in a class action lawsuit or class-wide arbitration unless such a waiver is specifically prohibited in your jurisdiction.
If you the user do not agree with any condition of these Terms of Use or any integral part of these terms, you should discontinue your use of DXone and deactivate your account immediately.
DXone attempts but cannot guarantee the accuracy, suitability, reliability, completeness, performance or fitness for purpose of the content found on the website or made available through the application, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your use of it on this site or in any other way including live trading on other platforms or other commercial reliance on information found on this site. DXone does not provide investment advice and no material found on this site or in relation to any services provided by DXone should be considered as investment advice.
To register for an account on DXone, go to DXone registration. You will be asked to provide certain personal information and a password and to verify your account via an email address as well as additional identification information including material in accordance with the European Union’s AMLD5 directive and its requirements. Registering for an account with DXone requires acceptance of these Terms of Use which will be indicated by checking the appropriate box during the registration process.
DXone reserves all rights to refuse to open an account, to limit live trading, to deny access to the website or application to any user for any reason including but not limited to restrictions based on geography.
If for any reason you do not agree to these Terms of Use or any of the integrated policies, do not register for a DXone account.
Definitions
“Account” means a personal or business account created on DXone. This is done by completing the account registration material available on the DXone site or via the DXone mobile application.
“Account holder” means the individual or entity whose name has been associated with the account during the DXone account registration process and who is authorized to perform transactions on behalf of an account.
“AML Documentation” means the documentation required to be provided by the Account holder as set out in our Anti-Money Laundering Policy.
“DXone”, “company” “we” and “us” are references to DXone Ltd. with its principal offices at DXone Ltd., Floor 7, Novel Tower, Alexandrou Panagouli 1, Avenue, 6057 Larnaca, Cyprus.
“Cryptocurrency” means any digital asset found on DXone including Bitcoin, Etherium, or any other coin, token, or currency which is not fiat.
“User”, “Your” and “You” means a user of the DXone website, platform, or application including both anyone who is or is not registered for a DXone account.
“Fiat Currency” means any national government issued currency (such as Euro). This definition categorically excludes any and all cryptocurrency including any “stable coins” whose intention is to be linked to an existing fiat currency.
“Personal Information” has the meaning set out in the Privacy policy.
“Platform”, “service”, “application” and “site” means the website, application, and/or live trading platform which can be found at DXone.com, the mobile application, and any related subdomains.
“Sanctions List” means the one or more official sanction lists maintained by governments and intergovernmental organizations. They may include the “Specially Designated Nationals and Blocked Persons” (“SDN”) List and the Non-SDN lists, including, but not limited to, the “Sectoral Sanctions Identifications List”, published by OFAC; the Section 311 Special Measures for Jurisdictions, Financial Institutions, or International Transactions of Primary Money Laundering Concern published by FinCEN; and, any other foreign terrorist organization or other sanctioned, restricted, or debarred party list published by the FIA, or under Economic Sanctions, AML, or CTF Laws of or by the Cyprus, United States, the European Union, or the United Nations.
“Sanctioned Person” refers to any person or digital token wallet or address that is: (i) specifically listed in any Sanctions List; (ii) directly or indirectly owned 50 percent or more by any person or group of persons in the aggregate, or a digital tokens wallet associated with such person or persons, referred to in any Sanctions List, or government or government official of any prohibited jurisdiction; or (iii) that is subject to any government approval or otherwise sanctioned, restricted, or penalized under applicable laws.
“Third-Party Applications” means any website, phone application, or other similar service which the user may use in conjunction with their account for any reason or purpose.
“Terms of Use” means these Terms of Use which may be changed, amended, or updated at anytime as well as Acceptable Use policy, Cookie policy, Privacy policy, KYC/AML policy, Law Enforcement Requests policy; Risk Warning; or any other policy adopted by DXone Ltd.
Eligibility
Users affirm that they are at least 18 years old, of sound mind, and have the full legal capacity to enter into these Terms of Use. If you are using this site in a personal capacity, then you warrant that you are acting on your own behalf. If you are using this site as a legal entity, you warrant that this legal entity is duly incorporated and in good standing under the applicable laws of the jurisdiction of its incorporation and the representative of such registered legal entity is duly authorized by the former to act on its behalf. You further affirm, either in their personal capacity or on behalf of a legal entity has the authority to enter into these Terms of Use and that this will not violate any other agreements to which they may be a party and are not under any asset related freezing order or any other interdiction or restriction of any kind under applicable law entering into transactions or owning and disposing of assets. Accounts can only be used by the person or entity under whose name they are registered. DXone may suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered under and does not take legal responsibility for these accounts.
The user further represents that they have not been previously suspended from any service provided by DXone. Failure to meet these eligibility requirements will result in the users account being frozen or canceled and the possibility of legal claims being filed against the user.
Prohibition of Use
In addition to abiding by all terms and requirements of the Acceptable Use policy, you acknowledge and declare that you are not on any Sanctions List. As outlined by DXone, the service may be limited to users in certain jurisdictions.
All use of the DXone site, mobile application, and services must be in compliance with the requirements of applicable laws, regulations and can not be in violation of public interests, public ethics or other’s legitimate interests; and will not constitute evasion of payable taxes or fees and will not violate these Terms of Use or relevant rules. If the user violates the foregoing promises and thereby causes any legal consequence, they shall independently undertake all of the legal liabilities in their own name and indemnify the DXone from all actions, claims, or costs arising from such violation. The user will use the site in accordance with the Terms of Use, without taking acts of unfair competition nor attempting to intervene with the normal operation of DXone. Examples of such malicious acts include, but are not limited to; using a device, software or subroutine to interfere with the site; overloading network equipment with unreasonable data loading requests; executing malicious sales or purchases on the market.
Third Party Applications
If the user grants permission to a third party application to connect to their DXone account, you acknowledge that this does not relieve you of any responsibilities under these Terms of Use. Additionally, the user acknowledges and agrees to not hold DXone responsible for and will indemnify DXone from any liability stemming from any third party application.
Client Funds/Asset Safeguarding
DXone understands the importance of safeguarding the funds from our users and has industry standard protections for this purpose. DXone asks that you help in this effort by taking safety precautions to protect your own account and personal information. To this end, the user is the only person or entity who is responsible for the safekeeping of their account and password and they are responsible for all activities under their log-in email, account and password.
The user agrees that they will notify the DXone immediately if they are aware of any unauthorized use of their account and password by any person or any other violations of the security rules and that DXone will not be responsible for any loss for any reason associated with account security including but not limited to hacking or other unauthorized account access.
DXone has implemented commercially reasonable technical and organisational measures to secure user accounts and information from unauthorised use. However, DXone does not in any way guarantee that unauthorised third parties will never be able defeat those measures. Users acknowledge and accept to the extent applicable under law that they provide their personal information at their own risk.
DXone will never ask for any password from its users. If you have been contacted by any party asking for your password, please inform DXone immediately at [email protected].
Privacy
The user provides DXone with certain personal information when they create and register an account on the site. All information regarding the use of this information can be found at the Privacy policy and additionally the Cookie policy, the terms of which are hereby incorporated into these Terms of Use.
You agree that all information they provide to DXone is accurate and authentic. Further, that the information is truthful, complete and updated in a timely manner should any changes occur including the contact email address. DXone may contact the user asking for additional information related to the information provided for their account or may terminate the user account at any time for any reason.
Accounts, Transactions and Fees
All transactions are final and irreversible.
You agree that DXone has the right to unilaterally determine whether the user has violated any part of these Terms of use and take actions to apply relevant rules without receiving the users consent or without DXone giving prior notice. This may include but is not limited to; block and close order requests, limited to canceling or reversing potentially high-risk transactions, or to change the buy/sell limits on a users account, freezing accounts, reporting any incidents to the proper authorities, publishing on any platform and with any medium the alleged violations and actions that have been taken, and deleting any published information.
All fees or other charges are at the sole discretion of DXone and may be changed at any time for any reason without warning.
Funds Availability
In the event DXone needs to retrieve funds from offline storage, there can be a delay of up to 72 hours when fulfilling user requests for funds.
Account Termination
DXone will maintain complete and full custody of all user funds and user data/information should an account be suspended or closed due to a violation of these Terms of Use, issues arising from the KYC/AML process, a criminal investigation, or for any other reason. All related user data may be turned over to the relevant authorities as outlined in our law enforcement policies.
Announcements
All official communications, including changes to these Terms of Use will be posted on the DXone website. Other forms of communication with our users may be employed, including but not limited to direct contact via email or via social media. However, DXone will not be held liable or responsible if users incur losses including personal or financial losses arising from ignorance of our communications or negligence in following them.
The user agrees that any notice, agreement, disclosure or other communications will satisfy any legal requirements, including that such communications be in writing.
Restricted countries
Currently, we are not accepting users from the following countries. USA, Albania, Belarus, Bosnia, Burma, Central African Republic, Democratic Republic of Congo, Democratic People's Republic of Korea, Cote D'Ivoire, the Crimea region of Ukraine, Croatia, Cuba, Herzegovina, Iran, Iraq, Kosovo, Lebanon, Liberia, Libya, Macedonia, Moldova, Serbia, Somalia, Sudan, South Sudan, Syria, Venezuela, Yemen, or Zimbabwe.”
Compliance with Local Laws
You have the responsibility to understand and follow all relevant legal and regulatory frameworks applicable to in your local jurisdiction(s) and represent and warrant that your use of DXone and all related services is conducted in a way which is permissible in your local jurisdiction(s). Users represent that they remain current to the changing legal and regulatory landscape for the regulation and categorisation of products, such as cryptocurrencies, found on DXone including products which some jurisdictions where the user may be subject to the relevant laws may categorize these as securities or other regulated financial instruments. This also includes all aspects of any scheme of taxation applicable to you and your use of the DXone site or mobile application, including any duty in respect of withholding, collection, reporting and remittance to appropriate tax authorities.
You represent that you only engage in the use of this website in ways which are permitted in your jurisdiction.
Intellectual Property
DXone and any affiliated companies are the sole owners of the DXone site and mobile application and any services, which includes any software, domains, and content, graphics, logos, icons and service names. These are protected by; Cyprus and international copyright and other intellectual property laws, including those applicable to unregistered trademarks or trade dress without limitation. Users are not permitted to sell, export, license, modify, copy, translate, extract the source code, make derivative versions, distribute or transmit the DXone site or mobile application in whole or part or any material provided through the site without prior express written consent.
All other trademarks not owned by DXone that appear in connection with the site are the property of their respective owners, who may or may not be affiliated with, connected to DXone.
Source of Funds
Users of DXone and all related websites and services declare that the source of their funds is a legitimate economic activity and that all funds used in relation to this site are not derived from illegal activities. DXone may request proof of the source of a user's funds. Failure to provide adequate proof may result in a users account being terminated as per this Terms of Use.
Force Majeure
DXone will not be liable for any loss or delay or failure in performance of any part of these Terms of Use or any related website or service for any cause beyond our reasonable control including, without limitation, acts of God, acts or omissions of civil or military authority, government restrictions or regulations, embargoes, epidemics, wars, terrorist acts, riots, insurrections, strikes, industrial or labour disputes of any kind, fires, explosions, earthquakes, floods, accidents, compliance with any statutory, regulatory or legal obligation, act of sabotage, major environmental disturbances, unusually severe weather conditions, exchange or market disruption, suspension of live trading, periods of abnormal or unusual market activity, unanticipated dealing volumes, inability to communicate with market makers, telecommunication failure, energy failure, internet outages, cyber-attacks, viruses or hacking, or any other cause outside our reasonable control. DXone will not be liable for any failure or delay of service resulting from regular network maintenance or external factors such as power failure, natural disaster, pandemics, service provider-side problems or governmental acts.
Indemnification
The user agrees to hold harmless, defend and indemnify DXone, affiliates, parent companies, and subsidiaries, and each respective officers, directors, agents, employees, representatives, and permitted assignees against any and all any losses, damages, costs, fines, liabilities and expenses including reasonable attorney’s fees that have been reasonably incurred in connection with any claims or damages arising out of or related to a breach of these Terms of Use or any other applicable law, regulation, or rights of any third party and any subsequent enforcement including but not limited to actions undertaken by DXone or any other individual or legal entity on their behalf.
No Warranty
DXone provides all services “as is” and without any warranty or condition, whether express, implied or statutory. DXone assumes no liability or responsibility for any errors or omissions; any failures, delays or interruptions, or in the delivery of any order; any losses or damages arising from the use of this site or any services. DXone reserves the right to deliver the site and services and to process orders in its sole and absolute discretion. In no event shall DXone, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to the user for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the site or services, the publication of any listings, the placement of any order, the delivery of any goods, the failure in whole or in part to deliver any goods or these Terms of use, on any theory of liability, and whether or not advised of the possibility of damage. DXone does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation by DXone. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. DXone specifically excludes liability for any loss, harm, distress or damage suffered by users as a result of inaccurate information appearing on the site or services, placed either by DXone or any third party.
Limitation of Liability
You acknowledge and agree that DXone shall not be liable for any losses, financial or otherwise, caused by any of the following events, including but not limited to: changes to user accounts resulting from live trading, profits, goodwill, usage or data or any other intangible losses; use or failure to use of the DXone site or any service; unauthorized use of the users account or unauthorized alteration of your data by third parties; any misunderstanding of the services provided on this site; and any other losses related to the DXone site or any service. DXone and any affiliates shall not be liable for damages of whatever kind or nature, including indirect, moral consequential, special or exemplary damages, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including, without limitation, damages to the user’s hardware, device, device’s software or data; losses or damages arising out of or relating to any inaccuracy, defect or omission of crypto assets price data; system errors; deletion or loss of files; errors or delays in transmission of instructions, data or other information; any interruption in any such data; any failure of either the DXone server or the internet; inaccessibility and/or failure to access the site or online trading platform; or any damages sustained to your computer equipment, damages for loss of income or earnings that the user may suffer arising out of or relating to the use, inability to use or non-use of the services and any loss suffered or incurred by the user or any event beyond the DXone’s reasonable control. For the avoidance of doubt, this limitation of liability section shall survive the termination of these Terms of Use and shall apply, with full force and effect, in perpetuity for the benefit of the parties, and any other entity that is or becomes the owner of the services, whether such ownership occurs through a sale, merger, other transaction or by the operation of applicable law.
No Waiver
No waiver by any party of any breach of these Terms of Use or any delay or omission by any party in enforcing the terms of these Terms of Use shall prejudice their rights or operate as a waiver of any subsequent or continuing breach.
Resolution of Disputes
Any claim by the user arising out of or related to DXone must be filed within one year after such claim arose or will be permanently barred.
Any offer of resolution made to the user will only become binding on DXone if accepted by the user. An offer of resolution will not constitute any admission by DXone of any wrongdoing or liability regarding the subject matter of the complaint. DXone reserves the right to resolve disputes at its own time and disclosure. Such disputes may refer to infringement of others’ rights, violation of laws and regulations, abnormal trades and others not explicitly mentioned in these Terms of Use. The user agrees to bear the costs arising from the process of any dispute resolutions.
Users who wish to file a complaint must do so by submitting the relevant complaint form to the email address [email protected], accompanied by any relevant information. If you do not feel your complaint has been resolved satisfactorily, you can refer your complaint to the Cyprus Financial Ombudsman Service (FOS) at the following contact details: ADDRESS: 13, Lord Byron Avenue, 1096 NICOSIA. POSTAL ADDRESS: P.O. Box 25735, 1311 NICOSIA. TELEPHONE: 22848900 (central number) FAX: 22660584, 22660118 [email protected]
No Assignment
The user is not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of their rights or obligations under these Terms of Use without prior express written consent from DXone.
Severability
If any provision of these Terms of Use is or becomes illegal or invalid, that provision will be deemed deleted from these Terms of Use and the remaining provisions shall continue in force.
Entire Agreement
These Terms of Use set forth the entire understanding and agreement between the user and DXone with respect to the subject matter hereof.
Governing Law and Jurisdiction
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Cyprus.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use brought by DXone users, the users agree to first attempt to negotiate any dispute informally for at least 1 month days before initiating legal action. Such informal negotiations commence upon written notice provided to the contact found in these Terms of Use.
Feedback, questions, or complaints should be addressed to: [email protected].
Changes to the Terms of Use
DXone reserves the right to revise these Terms of Use at any time and for any reason. The most current and recent version can be found at this page and with the date at the top of this page. We expect our users to stay aware of these legally binding changes by watching this page for changes. Certain elements of these Terms of Use may be superseded by changes in the law of our governing jurisdiction as well as by other notices found on DXone or communicated to our users as per the Terms of Use.
