Digitex Terms and Conditions

Last revised: March 2020

Digitex (website: https://www.digitexfutures.com) is a DGTX-based trading platform that is wholly owned by Digitex Ltd. (hereinafter referred to as “Digitex”, “We”), which is incorporated in the Republic of Seychelles with a company number 200404.

These terms and conditions constitute the entire agreement between the parties (the “Terms”). In the event of any inconsistency between these Terms and any of the other addenda, terms and documents, the provisions of these Terms shall prevail to the extent of such inconsistency. Use of the Trading Platform and the Services is governed by these Terms.

By accessing, viewing or downloading information from the Trading Platform and using the Services provided by Digitex, you acknowledge that you have read and considered, and you understand and unconditionally agree to be bound, by these Terms. Digitex may, at any time, without notice, amend the Terms. You agree to continue to be bound by any such amended Terms and that Digitex has no obligation to notify you of such amendments. You acknowledge that it is your responsibility to check these Terms periodically for changes and that your continued use of the Trading Platform and Services offered by Digitex following the posting of any changes to the Terms indicates your acceptance of any such changes.

You are not allowed to access or use the Services or the Trading Platform if you are located, incorporated or otherwise established in, or a citizen or resident of: (i) the United States of America, the province of Québec in Canada, the Hong Kong Special Administrative Region of the People’s Republic of China, the Republic of Seychelles, Israel, Vatican, Bermuda, Cuba, Crimea and Sevastopol, Iran, Syria, North Korea or Sudan; (ii) any state, country or other jurisdiction that is embargoed by the United States of America; (iii) a jurisdiction where it would be illegal according to Applicable Law for you (by reason of your nationality, domicile, citizenship, residence or otherwise) to access or use the Services or the Trading Platform; or (iv) where the publication or availability of the Services or the Trading Platform is prohibited or contrary to local law or regulation, or could subject any member of Digitex to any local registration or licensing requirements (together, the “Restricted Jurisdictions”). Digitex may, in its sole discretion, implement controls to restrict access to the Services or the Trading Platform in any of the Restricted Jurisdictions. If Digitex determines that you are accessing the Services or the Trading Platform from any Restricted Jurisdiction, or have given false representations as to your location of incorporation, establishment, citizenship or place of residence, Digitex reserves the right to close any of your accounts immediately and liquidate any open positions.

1. Access Conditions

1.1. In order to access the Services, Users must register at https://exchange.digitexfutures.com for a Digitex account (an “Account”).

To register for an Account, you must provide:

email address

password

as well as accept the Terms and Privacy Policy.

Digitex will also give you an option to provide your telephone number in order to secure the 2-factor authentication process and use this number as a replacement for the loss of one of the authorization factors, if such an event occurs. Please note that this measure, while recommended for security reasons, is optional.

Digitex may, in its sole discretion, refuse to open an account for you. You agree to provide complete and accurate information when opening an Account and agree to promptly update any information you provide to Digitex so that such information is complete and accurate at all times. Each registration is for a single user only and each User (including with respect to any User that is a business or legal entity) may only maintain one active Account with Digitex.

BY SIGNING UP FOR ACCOUNT YOU HEREBY AUTHORIZE DIGITEX TO MAKE INQUIRIES, WHETHER DIRECTLY OR THROUGH THIRD PARTIES, THAT DIGITEX CONSIDERS NECESSARY TO VERIFY YOUR IDENTITY OR PROTECT YOU AND/OR DIGITEX AGAINST FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE ACTION DIGITEX REASONABLY DEEMS NECESSARY BASED ON THE RESULTS OF SUCH INQUIRIES. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT REFERENCE AND FRAUD PREVENTION OR FINANCIAL CRIME AGENCIES AND THAT THESE AGENCIES MAY RESPOND TO OUR INQUIRIES IN FULL.

1.2. When accessing and using the Service, you must:

a) not carry out any activity that: (i) involves proceeds from any illegal or unlawful activity (including activities relating to cryptocurrency tumblers, darknet markets, money laundering or terrorism financing); (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could violate, any Applicable Law;

b) not attempt to undermine the security or integrity of Digitex’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;

c) not use, or misuse, the Services in any way which may impair the functionality of the Services or Trading Platform, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Trading Platform;

d) not attempt to gain unauthorised access to the computer system on which the Trading Platform is hosted or to any materials other than those to which you have been given express permission to access;

e) not transmit or input into the Trading Platform any files that may damage any other person’s computing devices or software; content that may be offensive; or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);

f) not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse-engineer any computer programs used to deliver the Services or to operate the Trading Platform except as is strictly necessary to use either of them for normal operation;

g) ensure that all usernames and passwords required to access the Trading Platform are kept secure and confidential; and

h) immediately notify Digitex of any unauthorised use of your password(s) or any other breach of security and Digitex will reset your password(s) upon such notification.

1.3. Use of the Services may be subject to limitations, including but not limited to transaction volumes and the number of calls permitted to be made against the relevant application programming interface. Any such limitations will be advised.

1.4. By accessing the Trading Platform, using the Services or registering as a User, you represent, warrant and undertake that:

a) you have accepted the Terms;

b) you are at least 18 years of age and have the capacity to accept the Terms;

c) you are the legal owner (or an appropriately authorised representative of the legal owner) of the funds you add to your account with Digitex and that the same funds derive from a legitimate source;

d) your use of the Services does not constitute a breach of Applicable Law;

e) you are aware of the risks in using the Services provided by Digitex and have the necessary experience and knowledge to understand the risks involved in relation to each Service provided by Digitex. These risks include the high volatility risk of Bitcoin or other cryptocurrency itself, and that you may lose all of the funds in your trading account if the market moves against you;

f) you acknowledge and agree that the Services should only be used by you if you:

i) have knowledge and experience in highly volatile markets;

ii) are trading with funds you can afford to lose; and

iii) have a high risk tolerance;

g) you will not be involved or initiate any form of market manipulation, including spoofing orders or otherwise;

h) if applicable, the information or documents you provide as part of any ID verification process are correct, genuine and up to date;

i) any withdrawal address you provide is your own and that you have full control over this address;

j) you are not allowed to access or use the Services if you are located in, incorporated or otherwise established in, or a citizen or resident of any Restricted Jurisdiction, and that Digitex reserves the right to close any of your accounts immediately and liquidate any open positions if you are accessing the Services from any Restricted Jurisdiction or have given false representations as to your location, place of incorporation or establishment, citizenship or place of residence;

k) you have not; (i) violated; (ii) been fined, debarred, sanctioned, the subject of economic sanctions-related restrictions, or otherwise penalised under; (iii) received any oral or written notice from any government concerning actual or possible violation by you under; or (iv) received any other report that you are the subject or target of sanctions, restrictions, penalties, or enforcement action or investigation under, any Applicable Law (including but not limited to anti-money laundering laws, combat terrorism financing laws, anti-corruption laws or economic sanctions laws); and

l) neither you nor any of your affiliates is: (i) itself, or owned or controlled by, a sanctioned person; (ii) involved in any transaction, transfer, or conduct, whether or not by using or receiving the Services or the Trading Platform, that is likely to result in you or your affiliates becoming a sanctioned person; or (iii) located in, incorporated or otherwise established in, or a citizen or resident of, a Restricted Jurisdiction.

1.5. You can open an initial account by providing your email address and time-based one time password.

1.6. Digitex reserves the right at any time to verify your identity for the purposes of complying with the Seychelles’ Anti-Money Laundering Act 2006 or any other Applicable Law.

1.7. We may impose certain trading limits before you are required to conduct Customer Due Diligence (CDD). You agree to cooperate with us in this process and will provide all documentation/information that we may require to satisfy ourselves of your identity and the purpose of the business relationship.

1.8. You agree that any trading or other instructions received or undertaken through your account are deemed to be final and conclusive, and that Digitex may act upon such instructions without any liability or responsibility attached to it. In connection with any APIs offered on or through the Trading Platform, you acknowledge and agree that:

a) Digitex is permitted to share your data with any third parties that possess your unique API key, and

b) Digitex may rely and act upon the instructions (including, but not limited to, instructions relating to order placement or the closing of positions) of any third parties that possess your unique API key, and Digitex accepts no responsibility or liability for any loss arising from the foregoing.

1.9. We may freeze any account in the event that we suspect or have reason to believe you are engaged in suspicious trading or other activity or have breached any of the above warranties or other provisions of these Terms. This may result in the unwinding of any trades you have entered into. We expressly exclude any losses or profits you would have made as a result of us closing your trade positions early or you not being able to trade on the Trading Platform and you agree to indemnify us completely against any third party action resulting from your conduct or us having to close your positions early. Whilst your account is frozen we will conduct an investigation and may require you to cooperate with our enquiries. During the investigation stage you will not be able to make deposits or withdrawals to your account nor will you be able to trade. At the end of the investigation we may, at our own discretion, decide to close your account for which we are not required to provide you with any reasons for the same.

1.10. We reserve the right at our own discretion to close your account at any time.

1.11. Digitex implements various margining methods intended to mitigate risks and possible losses in case of the deleveraging events. Digitex reserves the right to conduct any activities necessary for that, including, but not limited to, cancelling orders and closing positions, as well as liquidating any trades at any time regardless of the profit or loss position.

1.12. Due to the nature of the risk management strategy chosen by Digitex there are certain situations possible when because of the extreme volatility of the market User might not receive his or her profits in their entirety, but only a part of them.

1.13. It is your responsibility entirely to provide us with correct details including your withdrawal address. We accept no liability resulting in you not receiving the withdrawn due to you providing incorrect or out-of-date details. It is also your responsibility to ensure that instructions, orders or transactions sent to Digitex are well-formatted, clear and denominated in the correct currency. Digitex excludes all liability for any incorrect transactions.

1.14. It is our responsibility to maintain an orderly market and as such we may at our own discretion halt trading on the Trading Platform due to market disruption or other relevant external events. We exclude all liability for any claimed losses or profits lost as a result of us halting trading.

1.15. You represent, warrant and undertake that:

  • a) you are authorised to access and use the Services and the Trading Platform. In particular, each jurisdiction where you are located in, incorporated or otherwise established in, or of which you are a citizen or resident, allows you to utilise the Services and the Trading Platform;
  • b) if you are using the Trading Platform on behalf of or for the benefit of any person or organisation, you must be authorised to do so. The relevant person or organisation will be liable for your actions, including any breach of these Terms; and
  • c) your use of the Trading Platform and the Services is at your own risk. You agree that Digitex is not liable for any damage or harm arising out of your use of the Trading Platform and Services.

1.16. You acknowledge and agree that:

  • a) the information provided on the Trading Platform is for general information purposes only and is given in good faith. However, the information is selective and Digitex may not verify all information, which may not be complete or accurate for your purposes and should not be relied upon without further enquiry. The information and Services should not be construed as an offer or a recommendation to trade or engage the Services provided by Digitex in a particular manner and the information does not take into account the investment objectives or financial situation of any particular person; and
  • b) Digitex does not warrant that the use of the Trading Platform will be uninterrupted or error-free. Amongst other things, the operation and availability of the systems used for accessing the Trading Platform, including public telephone services, computer networks and the internet, can be unpredictable and may from time to time interfere with or prevent access to the Trading Platform. Digitex is not in any way responsible for any such interference that prevents your access or use of the Trading Platform and the Services.

1.17. Digitex has a trading arm that, amongst other things, transacts in products traded on the Trading Platform. The trading arm primarily trades as a market-maker. The trading arm is organised to be separate and distinct from the business of the Trading Platform. Specifically, no front office personnel are shared between the trading arm and the Trading Platform, the trading arm’s staff are physically separated from the Trading Platform’s staff while performing trades, and the trading arm does not have access to any order flow, execution, customer or other information of the Trading Platform on terms that are not otherwise available to any other platform user. In addition, unless otherwise set forth in the terms of a specific product of Digitex, the trading arm receives access and trading privileges only on the same terms as are available to any other user.

1.18. You warrant and represent that you are acquiring the right to access and use the Trading Platform and agreeing to these Terms for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Trading Platform or these Terms.

1.19. Digitex is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using the Services. No communication or information provided to you by Digitex is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. All trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation. Digitex does not recommend that any Digital Currency should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Currency, you should conduct your own due diligence and consult your financial advisors before making any investment decision. Digitex will not be held responsible for the decisions you make to buy, sell, or hold Digital Currency based on the information provided by Digitex.

2. Digitex Account Registration and Requirements

2.1. Digitex strives to maintain the safety of those user funds entrusted to us and has implemented industry standard protections for the Services. However, there are risks that are created by individual User actions. You agree to consider your access credentials such as user name and password as confidential information and not to disclose such information to any third party. You also agree that you alone are responsible for taking necessary safety precautions to protect your own account and personal information. You shall be solely responsible for the safekeeping of your Digitex account and password on your own, and you shall be responsible for all activities under Account and Digitex will not be responsible for any loss or consequences of authorized or unauthorized use of your Account credentials including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement, etc.

By creating an Account, you hereby agree that:

(i) you will notify Digitex immediately if you are aware of any unauthorized use of your Digitex account and password by any person or any other violations to the security rules; (ii) you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the website/service; and (iii) you will log out from the website by taking proper steps at the end of every visit.

2.2. To trade on Digitex you need to use DGTX tokens.

DGTX tokens can be purchased by the User in other exchanges, in this case DGTX tokens should be sent to your trading account with Digitex.

DGTX tokens can be purchased by the User on http://digitexfutures.com/buy.

By purchasing DGTX tokens, and to the extent permitted by law, you are agreeing not to hold Digitex or any of its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Digitex Team​”) liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected to the sale of DGTX tokens, including losses associated with the terms set forth below.

Do not purchase DGTX tokens if you are inexperienced in dealing with cryptographic tokens and blockchain-based software systems. Prior to purchasing DGTX, you should carefully consider the terms listed below and, to the extent necessary, consult an appropriate lawyer, accountant, or a tax professional.

THE PURCHASE OF DGTX TOKENS SHOULD BE UNDERTAKEN ONLY BY INDIVIDUALS, ENTITIES, OR COMPANIES THAT HAVE SIGNIFICANT EXPERIENCE WITH, AND UNDERSTANDING OF, THE USAGE AND INTRICACIES OF CRYPTOGRAPHIC TOKENS, INCLUDING ETHEREUM TOKENS, AND BLOCKCHAIN BASED SOFTWARE SYSTEMS. PURCHASERS SHOULD HAVE AN UNDERSTANDING OF STORAGE AND TRANSMISSION MECHANISMS ASSOCIATED WITH OTHER CRYPTOGRAPHIC TOKENS. WHILE DIGITEX WILL BE AVAILABLE TO ASSIST PURCHASERS OF DGTX DURING THE SALE, DIGITEX WILL NOT BE RESPONSIBLE IN ANY WAY FOR LOSS OF ETH OR DGTX RESULTING FROM ACTIONS TAKEN BY, OR OMITTED BY PURCHASERS. IF YOU DO NOT HAVE SUCH EXPERIENCE OR EXPERTISE, THEN YOU SHOULD NOT PURCHASE DGTX OR PARTICIPATE IN THE SALE OF DGTX. YOUR PARTICIPATION IN THE DGTX SALE IS DEEMED TO BE YOUR UNDERTAKING THAT YOU SATISFY THE REQUIREMENTS MENTIONED IN THIS PARAGRAPH.

THE PURCHASER AGREES TO BUY AND DIGITEX AGREES TO SELL DGTX TOKENS IN ACCORDANCE WITH THE FOLLOWING TERMS:

Conditions to DGTX token sale.

When you purchase DGTX tokens, you may only do so by accepting the following conditions and by doing so you warrant and represent that the following statements are a true and accurate reflection of the basis on which you are acquiring the DGTX tokens:

  • neither Digitex nor any of the Digitex Team has provided you with any advice regarding whether DGTX is a suitable investment for you;
  • you have sufficient understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptographic tokens, such as Bitcoin and Ether, as well as blockchain-based software systems generally;
  • you are NOT a Citizen, Resident (tax or otherwise) of one of the Restricted Jurisdictions;
  • you are legally permitted to receive, hold and make use of DGTX in your and any other relevant jurisdiction;
  • you will supply Digitex with all information, documentation or copy documentation that we require in order to allow us to accept your purchase of DGTX tokens and allocate DGTX to you;
  • if applicable, you will submit identity documents which allow us to fulfill our legal, regulatory and contractual obligations, including but not limited to any anti-money laundering obligation or Know Your Customer procedures;
  • you will notify us promptly of any changes to the information supplied by you to us; you are at least 18 years old or of legal age to form a binding contract under applicable law, and you are not aware of any other legal reason to prevent you from obtaining DGTX tokens;
  • if you are entering into these Terms on behalf of a legal entity of which you are an employee or agent, you represent and warrant that you have all necessary rights and authority to bind such legal entity;
  • you take sole responsibility for any restrictions and risks associated with receiving and holding DGTX tokens, by acquiring DGTX tokens, you are not making a regulated investment, as this term may be interpreted by the regulator in your jurisdiction;
  • you understand that DGTX tokens may only be utilized on the Digitex Platform, are non-refundable and cannot be exchanged for cash (or its equivalent value in any other virtual currency) or any payment obligation by any Group Entity;
  • you are not obtaining or using DGTX tokens for any illegal purpose, and will not use DGTX tokens for any illegal purpose;
  • you waive any right you may have/obtain to participate in a class-action lawsuit or class-wide arbitration against any entity or individual involved with the sale of DGTX tokens;
  • your acquisition of DGTX tokens does not involve your purchase or receipt of shares, ownership or any equivalent in any existing or future public or private company, corporation or other entity in any jurisdiction;
  • to the extent permitted by law and provided we act in good faith, Digitex makes no warranty whatsoever, either expressed or implied, regarding the future success of Digitex and/or the Ethereum Network;
  • you accept that DGTX tokens are created and you obtain DGTX tokens on an “as is” and “underdevelopment” basis. Therefore, provided Digitex acts in good faith, you accept that Digitex is providing DGTX tokens without being able to provide any warranties in relation to DGTX tokens, including, but not limited to, title, merchantability or fitness for a particular purpose;
  • you accept that you bear sole responsibility for determining (i) the acquisition, allocation, use or ownership of DGTX tokens (ii) the potential appreciation or depreciation in the value of DGTX tokens over time, if any, (iii) the sale and purchase of DGTX tokens; and/or (iv) any other action or transaction related to DGTX tokens having tax implications. there may be changes to the intended functionality of DGTX tokens, the Digitex platform or any related products in order to ensure compliance with any present or future legal or regulatory requirements to which Digitex, the Digitex platform, or DGTX is or may in the future become subject to. In the event of any changes to the intended functionality of DGTX, the details of the changes shall be published on the Digitex website. It is the purchaser’s responsibility to regularly check the website for any such notices;
  • you have not supplied us with information relating to your acquisition of DGTX tokens or otherwise which is inaccurate or misleading.
DGTX Price

Purchasers in the DGTX token sale will be allocated their DGTX tokens in exchange for ETH. The DGTX price is set dynamically and sold with a premium above the average external exchange price. The price of DGTX is NEVER under $0.05. It is the purchaser's responsibility to take note of the current sale price, which is displayed both on the Digitex Treasury homepage and the purchase page following the successful submission of KYC documents before buying.

Purchasers must use an Ethereum wallet that supports the ERC-223 token standard in order to receive any DGTX tokens purchased from the Digitex Treasury.

All Purchases of DGTX Are Final

All purchases of DGTX are final and non-refundable. By purchasing DGTX, the purchaser acknowledges that neither the company nor any of its affiliates, directors or shareholders are required to provide a refund for any reason except in its sole discretion.

Taxation of DGTX and Taxation Related to the Treasury Token Sales

The Purchaser bears the sole responsibility of determining whether their purchase of DGTX tokens with ETH or the potential appreciation or depreciation in the value of DGTX tokens over time has tax implications for the Purchaser in the Purchaser's jurisdiction. By purchasing DGTX tokens, and to the extent permitted by law, the Purchaser agrees not to hold Digitex, its affiliates, shareholders, director, or advisors liable for any tax liability associated with or arising from the purchase of DGTX tokens.

You acknowledge and accept that there are risks associated with purchasing DGTX tokens, holding DGTX tokens and using DGTX tokens in connection with any products offered by Digitex. BY PURCHASING DGTX TOKENS, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME THESE RISKS.

In particular, you acknowledge, understand and agree with the following statements:

  • you confirm that you are subject to and bound by these Terms by virtue of your purchase of DGTX tokens;
  • DGTX has no rights, uses, value or other attributes outside of the Digitex platform. purchases of DGTX are non-refundable and cannot be canceled which means that you may lose all amounts paid;
  • the Company reserves the right to refuse or cancel a DGTX purchase request at any time in its sole discretion;
  • purchasers that buy tokens earlier than you may receive more tokens for the amount
Security

You are responsible for implementing all reasonable and appropriate measures for securing the wallet, vault or other storage mechanism you use to send ETH to Digitex and to receive and store DGTX tokens that are issued to you by the Treasury Smart Contract, including any private key(s) or other credentials necessary to access such storage devices. If your private key(s) or other access credentials are lost, you may lose access to your DGTX tokens. Digitex shall not be held responsible for any security measures relating to your receipt, possession, storage, transfer or potential future use of DGTX tokens nor shall we be under any obligation to recover or return any DGTX tokens and we hereby exclude (to the fullest extent permitted under applicable law) any and all liability for any security breaches or other acts or omissions which result in your loss of (including your loss of access to) DGTX tokens issued to you during the Token Sale.

3. Privacy Policy

For more details about Digitex’s privacy policy and data protection practices, please refer to our Privacy Policy.

4. Disclaimer

4.1. You acknowledge, agree and understand that none of the Services amount to investment advice or any marketing, or promotion or offer of any product or investment to you or any third party. You are solely responsible for any losses, damages or costs resulting from your reliance on any data or information that Digitex may provide in connection with your use of the Services. You will make your own independent decision to access or use the Services.

4.2. To the maximum extent permitted under Applicable Law, the Services and any product, service or other item provided by or on behalf of Digitex are provided on an “as is” and “as available” basis and Digitex expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, Digitex does not represent or warrant that the Services are accurate, complete, reliable, current or error-free, or free of viruses or other harmful components.

4.3. Digitex shall make reasonable efforts to ensure that the Services are available to you. However, access to the Services may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of Digitex’s control. Digitex will use commercially reasonable efforts to avoid downtime of the Services during anticipated peak hours, but assumes no liability (whether for trading-related losses or otherwise) if the Services or any part thereof are unavailable at any time or for any period.

4.4. You acknowledge and agree that:

  • a) Digitex shall not have any liability, contingent or otherwise, to you or to any third parties, for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Services (including the Trading Platform) or for delays or omissions of the Services, or for the failure of any connection or communication service to provide or maintain your access to the Services, or for any interruption in or disruption of your access or any erroneous communications between Digitex and you, regardless of cause;
  • b) Digitex shall not have any liability or be responsible in any way for your use of the internet to connect to the Services or any technical problems, system failures, malfunctions, communication line failures, high internet traffic or demand, related issues, security breaches or any similar technical problems or defects experienced. You shall be responsible for any fees incurred in order to connect to the internet for the purpose of using or accessing the Services;
  • c) you are solely responsible for your own hardware used to access the Services and are solely liable for the integrity and proper storage of any data associated with the Services that is stored on your own hardware. You are responsible for taking appropriate action to protect your hardware and data from viruses and malicious software, and any inappropriate material. Except as provided by Applicable Law, you are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our Services. Digitex will not be liable to you in the event that your hardware fails, is damaged or destroyed or any records or data stored on your hardware are corrupted or lost for any reason.

4.5. You must immediately notify Digitex in the event that you become aware of any of the Services malfunctioning or a trading error occurring or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of any Services.

4.6. You acknowledge, agree and understand that if you travel to any Restricted Jurisdiction, our Services may not be available and your access to our Services may be blocked. You acknowledge that this may impact your ability to trade on the Trading Platform or monitor any existing orders or open positions or otherwise use the Services. You must not attempt in any way to circumvent any such restriction, including by use of any virtual private network to modify your internet protocol address.

4.7. If applicable, you acknowledge and agree that there are a series of inherent risks with the use of mobile trading technology such as the Digitex Mobile Application including, but not limited to, latency in the prices provided. Digitex shall not be liable for any and all circumstances in connection with your use of the Digitex Mobile Application in which you experience a delay in price quotation or an inability to trade caused by network circuit transmission problems or any other problems outside our direct control, which include but are not limited to the strength of the mobile signal, cellular latency, or any other issues that may arise between you and any internet service provider, phone service provider or any other service provider. Furthermore, some of the features available on the Trading Platform may not be available on the Digitex Mobile Application. Users may also be required to download and install updates to the Digitex Mobile Application so as to maintain provision of the Services. Your failure to do so might lead to certain parts of the Services (including trading functions) becoming temporarily inaccessible to you until such update has been downloaded and installed.

4.8: You acknowledge, agree and understand that certain of the Services (including any software that may be produced, developed or published by Digitex from time to time) may be beta versions being tested at the time of release (a “Development Service”). Consequently, such Development Services may be unstable and may change from time to time. Digitex does not warrant that the functionality of Development Services will meet your requirements or that the operation of Development Services will be uninterrupted or error-free. Digitex reserves the right, at any time and for any reason, to discontinue, redesign, modify, enhance or change any Services (including the Development Services).

5. Limitation of liability

5.1. You agree to indemnify and hold harmless each member of Digitex and their respective directors, officers, employees, agents, contractors and licensors (together, the “Associated Parties”) immediately upon demand from and against any and all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, losses, costs or expenses, including reasonable attorneys’ fees, in any way arising out of, in relation to or in connection with, directly or indirectly, your or your authorised representatives’:

  • a) use of, or conduct in connection with, the Services;
  • b) breach of these Terms or any other policy of Digitex; or
  • c) violation of any Applicable Law or the rights of any other person or entity.

5.2. Nothing in these Terms shall exclude or restrict Digitex’s or any of the Associated Parties’ liability for:

  • a) fraud; or
  • b) any other matter that cannot be excluded or limited under Applicable Law.

5.3. Subject to the foregoing, to the maximum extent permitted by Applicable Law:

  • a) in no event shall Digitex or any of the Associated Parties be liable for any:
    • i) indirect or consequential loss; or
    • ii) loss of profit, business opportunity, revenue or goodwill, in each case, whether arising from breach of contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with authorised or unauthorised use of the Services or these Terms, even if an authorised representative of Digitex or any of the Associated Parties has been advised of, knew of or should have known of the possibility of such damages; and
  • b) Digitex’s and the Associated Parties’ aggregate liability in contract, tort or otherwise (including any liability for any negligent act or omission) howsoever arising out of or in connection with the performance of its obligations under these Terms in respect of any one or more incidents or occurrences shall be limited to the total net amount received by Digitex from you in connection with your use of the Trading Platform in the six-month period immediately prior to the date of the incident, or the first incident of a series of connected incidents, giving rise to a claim made by you under these Terms.

5.4. All calculations performed by the Trading Platform’s trading engine and as verified by Digitex are final. Digitex does not warrant that the use of the Trading Platform will be uninterrupted or error-free.

6. Termination and Remedies for Breach of these Terms by You

6.1. Digitex reserves the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation, the right to restrict, suspend or terminate your account or deny you access to the Trading Platform without notice; and Digitex shall be entitled to disclose information (including, but not limited to, your user identity and personal details) when cooperating with law enforcement enquiries (whether or not such enquiries are mandatory under Applicable Law) or where permitted under or otherwise compliant with Applicable Law.

Except as set forth in subsection below, once the Account is closed/withdrawn, all remaining balance on the account will be payable immediately to the User.

Remaining funds after Account termination due to fraud, violation of law, or violation of these terms) will be payable to Digitex.

7. Intellectual Property rights

7.1. The Trading Platform and the copyright in all text, graphics, images, software and any other materials on the Trading Platform are owned by Digitex, including all trademarks and other Intellectual Property Rights in respect of materials and Services on the Trading Platform. Materials on the Trading Platform may only be used for personal use and non-commercial purposes.

You may display on a computer screen or print extracts from the Trading Platform for the above-stated purposes only provided that you retain any copyright and other proprietary notices or any of Digitex trademarks or logos, as shown on the initial printout or download without alteration, addition or deletion. Except as expressly stated herein, you may not without Digitex prior written permission alter, modify, reproduce, distribute or use in any other commercial context any materials from the Trading Platform.

You acknowledge that Digitex and the Digitex logo are trademarks of Digitex. You may reproduce such trademarks without alteration on material downloaded from the Trading Platform to the extent authorised above, but you may not otherwise use, copy, adapt or erase them.

You shall not in any circumstance obtain any rights over or in respect of the Trading Platform (other than rights to use the Trading Platform pursuant to these Terms and any other terms and conditions governing a particular service or section of the Trading Platform) or hold yourself out as having any such rights over or in respect of the Trading Platform.

8. Absence of Waiver

8.1. Any failure or delay by Digitex to enforce any of the Terms or exercise any right under the Terms will not be construed as a waiver to any extent of our rights.

9. Force Majeure

9.1. Neither party is liable for delay in meeting its obligations due to any cause outside its reasonable control including acts of God, riot, war, malicious acts of damage, fires, electricity supply failures and government authority and edicts.

10. Survival

10.1. Should any provision of these Terms be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected. If any provision is determined to be unenforceable, you agree to an amendment by Digitex of such provision to provide for enforcement of the provisions intent, to the extent permitted by applicable law.

11. Governing Law

11.1. The Terms and any non-contractual obligations arising out of or in connection with them are governed by and construed in accordance with English law. The International Business Companies Act 1994 is the principal legislation that governs corporates in the Republic of Seychelles.

12. Dispute Resolution

12.1. Subject to the Applicable Law of your jurisdiction, the courts of England have non-exclusive jurisdiction to settle any dispute arising from or connected with these Terms (including a dispute relating to the existence, validity or termination of these Terms or the consequences of their nullity or any non-contractual obligation arising out of or in connection with these Terms).

13.Assignment

13.1. You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. Digitex may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

14. Contact Information

14.1. For more information on Digitex, you can refer to the company on the website. If you have questions regarding this agreement, please feel free to contact us for clarification via our Customer Support team at [email protected]

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