1. GENERAL TERMS
1.1 The terms and conditions specified in this DEXSPACE Platform Use Agreement (the “Agreement” or “Terms”) are applicable to the relationships between Digital Exchange Corp LLC, registration number 412761916, a limited liability company incorporated and existing under the laws of Georgia (“the Company”, “we”, “us”, “our”) and you as the other party entering into this agreement (“you”, “Client”, “your”). You and the Company are hereinafter jointly referred to as the “Parties” and each separately as a “Party”.
1.2 The Agreement consists of these Terms and other documentation mentioned herein that shall govern your purchase and/or use of any products and services offered by the Company on the DEXSPACE Platform (“Platform”) available on the website of the Company — www.dexspace.net (“Website”).
1.3 By using the Platform in any way, you acknowledge, represent and warrant that you have reviewed and accepted this Agreement.
1.4 If you do not wish to be bound by this Agreement, do not use, access or register with the Platform.
1.5 The Company has the right to make amendments, add or remove parts of these Terms at any time and at its sole discretion.
1.6 Depending on your country of residence, you may not be able to use the Platform, buy and/or receive products and/or services offered by the Company. It is your responsibility to follow the regulations in your country of residence and/or country from which you access the Platform.
1.7 The Agreement shall enter into force and shall be binding on the Parties from the moment the Client confirms the Agreement electronically, that is by marking “I agree”.
2. ABOUT THE PLATFORM
2.1 The Platform has been developed as a secured online platform for cryptocurrency purchasing. All operations on the Platform are encrypted and comply with modern security standards.
2.2 All operations are carried out in accordance with the international requirements of Fintech regulators and the provision of services for the sale of cryptocurrencies.
2.3 If you would like to buy a product or services offered on the Platform, you will need to create an account (“Account”) and meet AML and KYC requirements.
3. LICENSE AND OWNERSHIP
3.1 All materials on the Website and the Platform, including, but not limited to, text, graphics, software, audio and video, trademarks and images are the property of the Company and are protected by copyright and other applicable laws.
3.2 You may view, print and/or download a copy of the materials from the Website for your personal, informational and/or non-commercial use, provided you comply with all copyright and other proprietary notices.
3.3 As long as you agree to and comply with these Terms, the Company grants you the personal, non-exclusive, non-transferable and non-sublicensable right to enter and use the Website and the Platform.
4. ACCOUNT CREATION
4.1 By creating an Account, you expressly represent and warrant:
- that you have accepted the Terms and you are legally bound by these Terms;
- if you are a natural person, you are at least 18 years of age;
- if you are a legal entity or acting in the name of a legal entity, you are authorized to act on behalf of the legal entity;
- that you have the full capacity to accept these Terms, enter into and make transactions involving cryptocurrency;
- that information and personal data provided by you for Account creation is true, up to date and complete;
- you are not located in, or are not a citizen or resident of, any of the countries where the access and use of the Platform are restricted;
- that you are not a politically exposed person (PEP) or this person`s family member or a close associate of PEP.
4.2 If you are in breach of the representations and warranties listed above, you are not allowed to create Account, otherwise the Company will refuse to open the Account and/or sell you cryptocurrency.
4.3 By creating the Account you agree and represent that you will use Account only for yourself, and not on behalf of or in the favor of any third party.
4.4 You understand and agree that you are fully responsible for all activity, i.e. orders, trades, instructions etc. that occurs under your Account.
4.5 The Company may refuse to open the Account, or limit the number of Accounts created and held by you, may suspend or terminate any Account.
4.6 No fee is chargeable for Account maintenance.
4.7 You are entitled to have only one Account, unless explicitly allowed by the Company in writing.
5. AML AND KYC COMPLIANCE
5.1 Before making a purchase of cryptocurrency, you agree to provide us with the information and documents we request for the purposes of identity verification in order to comply with requirements of regulations in anti- money laundering and terrorism financing field.
5.2 The information we request may include certain personal data, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, whether you are PEP’s close associate or a member of a family, and other information.
5.3 The following documents are required for your identification:
5.3.1 identity document. In the case of a Georgian resident, a Georgian citizen's passport, ID card, alien's passport, residence permit card, driving license issued in Georgia. In the case of a third-country resident, a travel document or passport;
5.3.2 document confirming the address of residence. Such document may be a utility bill, bank statement or other similar document that indicates the address and is not older than 3 months.
5.4 If you represent a legal entity as a Client, the following documents shall be provided:
5.4.1 extract from Commercial Register, which is not older than 3 months, certified and, if applicable, apostilled. The extract must contain data on name, registration number and date of registration, registered address and operational address details, representative’s, shareholder’s and beneficial owner’s details, e-mail address and telephone number;
5.4.2 for each individual in the legal entity (e.g. director, shareholder, beneficial owner) details and documents as indicated in clause 5.3.
5.5 All requested document shall be in English. If requested document is in different language, a relevant translation shall be provided.
5.6 In providing us with information that may be required, you confirm that the information is accurate and authentic. You agree to keep the Company updated if any of the information you provide changes.
5.7 In the framework of this Agreement, you agree that to comply with AML & KYC regulation, the Company may assign third parties to act as a personal data processors and/or use specially designed AML & KYC software of third persons to ensure the compliance of your provided information and documents with AML & KYC requirements. In this regard the relevant organizational and technical measures will be implemented to ensure secure and safe processing of your data.
5.8 The services and products offered on the Platform cannot be provided in the event you refuse to submit any information or to accept to undergo any procedures which may be requested from time to time by the compliance team.
6. PURCHASE AND SALE
6.1 The cryptocurrencies available for purchase include BTC, ETH, DASH. This is subject to change regularly.
6.2 All payments for cryptocurrency shall be done in fiat (EUR).
6.3 Payments can be made by a way specified on the Platform: by a payment card, bank transfer, or through a special payment system.
6.4 In order to make a purchase, you need to access your Account, choose the cryptocurrency, its quantity and indicate your e-wallet address.
6.5 Upon your order, a proforma invoice will be generated in your Account to make a payment.
6.6 The price for cryptocurrency chosen by you is indicated on the Platform.
6.7 The time taken for the execution of the transactions involving cryptocurrencies may vary depending on volume, the market conditions and size of the transaction.
6.8 Making a payment for cryptocurrency, you acknowledge the risks related to the cryptocurrency, like price volatility etc.
7. REFUND POLICY
7.1 All purchases of cryptocurrency done with any payment method are final. The Company does not accept any returns or provide refunds for your purchase of cryptocurrency, unless otherwise stated herein.
7.2 In the event the exchange of cryptocurrency to fiat currency is not processed because of any technical issues, the Company, after the examination of the situation, may refund.
8. ACCOUNT LIMITATION/TERMINATION
8.1 You may terminate this Agreement by closing your Account at any time. To do this, you must notify the Company by e-mail. You will remain responsible for any transactions made through your Account until it has been closed.
8.2 If the Account is not used for 12 months, the Company may, by giving a notice by e-mail, at its sole discretion terminate your Account.
8.3 The Company is entitled to suspend or terminate Account immediately, including without limitation in case:
8.3.1 attempts to access the Account are not successful due to entered data being incorrect;
8.3.2 violations of these Terms;
8.3.3 upon a request of law enforcement or other government authorities and/or to comply with a court order or other legal requirement;
8.3.4 if the Company becomes aware that you lack legal capacity.
9. CLIENT DATA PROCESSING
9.1 Full details on Client`s personal data processing are available in our Privacy Policy located on the Website. We highly recommend that you read the Policy carefully to be informed what personal data is collected and how it is processed by the Company.
10. RESPONSIBILITY AND INDEMNIFICATION
10.1 The information and material contained on the Website is for information purposes only and does not constitute advice. Such information and material may be incorrect or out of date and should not be considered as a definitive or complete statement of fact. You should check any information and material on the Website and use your own judgment before doing or not doing anything on the basis of such information or material.
10.2 We make no representations or warranties with respect to the Website and Platform or their content.
10.3 To the fullest extent permitted by law, the Company and third parties assigned by the Company hereby expressly exclude any liability for:
10.3.1 loss of or corruption to data;
10.3.2 loss of profit;
10.3.3 loss of anticipated savings;
10.3.4 loss of anticipated revenue;
10.3.5 loss of business;
10.3.6 loss of opportunity.
10.4 We do not guarantee that the Platform as well as the Website will be available 100% of the time to meet your needs. We will strive to provide you with the correct work of the Platform and Website as soon as possible, but there are no guarantees that access will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
10.5 You agree, to the extent permitted by law, to indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, shareholders, employees, licensors and data processors from and against any and all complaints, charges, claims, damages, losses, costs, liabilities and any kind of expenses due to, arising out of, or relating in any way to: (a) your access to or use of the Platform, or any products or services provided by the Company; (b) your breach of the Terms or any applicable law or regulation; or (c) your negligence or willful misconduct.
10.6 You are liable for any loss suffered by the Company (including but not limited to consequential loss), which results from:
10.6.1 your fraud or negligence;
10.6.2 your breach of these Terms;
10.6.3 the unauthorized access to or use of your Account. This includes, but is not limited to, situations where you:
(i). select an unsuitable password;
(ii). fail to reasonably safeguard your password;
or
(iii). unreasonably delay notifying us of the actual or suspected disclosure to any other person of your password, or that there has been or you suspect there has been unauthorized access to your Account.
11. DISPUTE RESOLUTION
11.1 Any dispute, controversy or claim arising out of or in relation to this Agreement or its existence or formation or arising out of or in relation to the transactions, or the breach, termination or invalidity of it shall be settled by mutual agreement.
11.2 If no agreement is reached, the Client has a right to file a complaint not later than five (5) business days from the occurrence of the incident, otherwise review of the complaint will be rejected.
11.3 The complaint shall contain the following information: Client name, surname, Account identification number, the essence of the issue and other information considered by the Client as important.
11.4 Upon received complaint the Company will investigate the issue and will try to resolve it without undue delay.
11.5 As per request of the Company, the Client agrees to provide the Company with any additional information necessary for correct and fair decision-making procedure.
11.6 The complaint shall be sent by e-mail to: [email protected].
11.7 The Company has the right to leave a complaint of the Client without consideration in case the complaint is not related to the Terms and/or Platform.
11.8 In case of disputable claim situations, the Company reserves the right to temporarily suspend Client’s operations on the Platform until the resolution of the case.
12. MISCELLANEOUS
12.1 The Company, due to the nature of its business activity, complies with the Law of Georgia and international regulations on facilitating the prevention of money laundering and the financing of terrorism.
12.2 The Company may assign or novate its rights and obligations under these Terms and in respect of its agreement with you to another company without your prior consent, provided that the assignee is then bound by these Terms.
12.3 The Agreement shall be governed and construed in accordance with the law of Georgia.
12.4 Any notice or other communication given under these Terms shall be in writing in English and in the form of electronic communication to the email address or message box of Account.
12.5 If you have any questions relating to these Terms and/or your use of the Platform, or any other matter, please contact us via [email protected].
