3D-Capital LTD D.B.A or ‘DaxMarkets’ Operated and owned by 3D-Capital LTD, Munich, Germany. DaxMarkets, and each of its affiliates (collectively, “DaxMarkets”) is pleased to provide you with information, content, tools, products and services on the DaxMarkets Sites (the term ”DaxMarkets Sites” refers to all DaxMarkets websites, as well as to their content including products and services). These Terms and Conditions also include important disclosures and information related to certain products and services. Your use of DaxMarkets Sites is subject to these Terms and Conditions. These Terms and Conditions are a binding agreement between you and DaxMarkets. Your access to and use of this website constitutes your acceptance of these Terms and Conditions and any other legal notices and statements contained on this website. Your use of DaxMarkets Sites is governed by the version of the Terms and Conditions in effect on the date each DaxMarkets Site is accessed by you DaxMarkets may modify these Terms and Conditions at any time and without prior notice. You should review the most current version these Terms and Conditions by visiting an DaxMarkets Site and clicking on the Terms and Conditions hyperlink located at the bottom of the page. Your continued access to and use of this website constitutes your acceptance of these Terms and Conditions as modified. The only notice of changes or modification to these Terms and Conditions will be by DaxMarkets publishing revised Terms and Conditions on this website; DaxMarkets will not separately notify you of any changes or modifications. These Terms and Conditions are in addition to any other agreements between you and DaxMarkets, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the DaxMarkets Sites.
USE OF DaxMarkets SITES
The DaxMarkets Sites are intended only for your personal, non-commercial use, unless you and DaxMarkets have agreed otherwise in writing.
DISTRIBUTION AND RESPONSIBILITY OF VISITORS
The information on this website is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. None of the services or investments referred to in DaxMarkets Sites is available to persons residing in any country where the provision of such services or investments would be contrary to local law or regulation. It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject. Nothing on the DaxMarkets Sites shall be considered a solicitation to buy or an offer to sell any product or service to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.
LIMITATIONS ON INVESTMENT GUIDANCE AND PROFESSIONAL ADVICE
The DaxMarkets Sites are not intended to provide legal, tax or investment advice. 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.
The DaxMarkets Sites are protected by applicable intellectual property laws. Except as expressly stated herein, you may not without DaxMarkets ‘s prior written permission alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from this or any DaxMarkets Site. If you link from another website to an DaxMarkets Site, your website, as well as the link itself, may not, without DaxMarkets’s prior written permission, suggest that DaxMarkets endorses, sponsors or is affiliated with any non-DaxMarkets website, entity, service or product, and may not make use of any DaxMarkets trademarks or service marks other than those contained within the text of the link. TheDaxMarkets Sites, excluding third party content, are original works of authorship published by DaxMarkets. DaxMarkets has the exclusive rights to reproduce, display, prepare derivative works or distribute. The names, logos, trademarks, copyright and all other intellectual property rights in all of the material and software on this website are owned by DaxMarkets or its licensors. All third-party owned materials contained on the website are reproduced with the permission of the respective owners.
VOID WHERE PROHIBITED
Although the DaxMarkets Sites including the products and services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all jurisdictions, or appropriate or available for use in certain jurisdictions. DaxMarkets reserves the right to limit, in its sole discretion, the products and services it makes available, the provision and the quantity to any person.
PAYMENTS AND REFUND POLICY
DaxMarkets Sites uses Merchant Solutions (“Merchant Solutions”) for online payment, order processing, order delivery, and other merchant solutions. Billing occurs at the time of or shortly after your transaction. If a credit card is being used for a transaction, DaxMarkets may obtain preapproval for an amount up to the amount of the order. You agree that you will pay for all products you purchase through the Merchant Solutions, and that DaxMarkets may charge your credit card for any products purchased. All sales of products are final. Fees paid for products and services are non-refundable. Prices for products offered via the Merchant Solutions may change at any time, and the Merchant Solutions does not provide price protection or refunds in the event of a price reduction or promotional offering. If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by DaxMarkets. DaxMarkets works with a number of Payment solution providers. Our PSP’s all licensed and respectable payment solution providers keeping the utmost security of the payment. The descriptor you will see for these payments on your Credit Card are:
DaxMarkets reserves the right to change content, products and services, (including eligibility for particular features, products and/or services) without notice.
THIRD PARTY CONTENT AND RESEARCH
The daxmarkets sites may include general news and information, commentary, interactive tools, quotes, research reports and data concerning the foreign exchange markets, other financial markets and other subjects. Some of this content may be supplied by companies that are not affiliated with any daxmarkets entity (“third party content”). The source of all third party content is clearly and prominently identified on daxmarkets sites. Third party content may be available through framed areas, through hyperlinks to third party web sites, or is simply published on the site. The third party content is protected by applicable intellectual property laws. Daxmarkets does not explicitly or implicitly endorse or approve such third party content. The third party content providers do not implicitly or explicitly endorse or approve the third party content, nor should their content be construed as legal, tax or investment advice. While daxmarkets makes every attempt to provide accurate and timely information to serve the needs of users, neither daxmarkets nor third party content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third party content is provided for informational purposes only and daxmarkets and third party content providers specifically disclaim any liability for third party content available on the site. You will use third party content only at your own risk. The third party content is provided on an “as-is” basis. The third party content providers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. The third party content providers and their parents, subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the use or the inability to use the third party content, including but not limited to damages for loss of profits, use, data or other intangible damages, even if such party has been advised of the possibility of such damages.
ACCURACY OF INFORMATION
While DaxMarkets has made every effort to ensure the accuracy of the information on this website, the information and content on the website is subject to change without notice and is provided for the sole purpose of assisting traders to make independent investment decisions. DaxMarkets has taken reasonable measures to ensure the accuracy of the information on the Web site. However, DaxMarkets does not guarantee its accuracy, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Web site, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through this Web site. All content on the DaxMarkets Sites is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
Because all servers have limited capacity and are used by many people, do not use DaxMarkets Sites in any manner that could damage or overburden any DaxMarkets server, or any network connected to any DaxMarkets server. Do not use DaxMarkets Sites in any manner that would interfere with any other party’s use of the DaxMarkets Sites.
USE OF LINKS
The DaxMarkets website may contain links to websites operated by other parties. DaxMarkets does not control the content or accuracy of information on such websites and does not otherwise endorse the material placed on such sites. The links are provided for your reference only and DaxMarkets excludes all liability and responsibility for the content or operation of these third party websites.
EXCLUSION OF WARRANTIES
Daxmarkets does not make any express or implied warranties about the daxmarkets sites, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The daxmarkets sites are made available to you “as is” and “as available” and daxmarkets does not warrant that any defects or inaccuracies will be corrected. Daxmarkets does not warrant that the daxmarkets sites will meet your needs, or that they will be uninterrupted, timely, secure or error-free. Daxmarkets also makes no warranty that the results obtained from the use of the daxmarkets sites will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through the daxmarkets sites will meet your expectations.
DISCLAIMER AND LIMITATION OF LIABILITY
Daxmarkets will not be liable for any consequential, incidental, special, direct, or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of the daxmarkets sites and third party content, inconvenience or delay). This is true even if daxmarkets has been advised of the possibility of such damages or losses. Daxmarkets will not be liable to you or anyone else for any loss resulting from a cause over which such daxmarkets does not have direct control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorised access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of god), fire, war, insurrection, terrorist act, riot, labor dispute and other labor problems, accident, emergency or action of government.
As a condition of your use of the DaxMarkets Sites, you agree to indemnify and hold DaxMarkets and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the DaxMarkets Sites, or from your violation of these Terms.
It is your obligation to keep DaxMarkets accounts numbers and passwords confidential. You acknowledge and agree that any instruction or communication transmitted to you or on your behalf via any DaxMarkets Site is made at your own risk. You authorize DaxMarkets to rely and act on, and treat as fully authorized and binding upon you, any instruction given to DaxMarkets that DaxMarkets believes to have been given by you or on your behalf by any agent or intermediary whom DaxMarkets believe in good faith to have been duly authorized by you. You acknowledge and agree that DaxMarkets shall be entitled to rely upon your account number and/or password to identify you and agree you will not disclose this information to anyone not duly authorized by you.
DaxMarkets reserves the right to terminate your usage of the DaxMarkets Sites at any time, for any reason, with or without cause and without prior notice.
If for any reason any provision of these Terms and Conditions is deemed invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
DaxMarkets SOFTWARE END USER LICENCE AGREEMENT
3D-capital ltd (“daxmarkets”), and each of its affiliates and subsidiaries (collectively, ”daxmarkets “) is willing to licence the software (defined below) to you only upon the condition that you accept all of the terms contained in this end user licence agreement (“algo-trading “,”algo”). This algo-trading is a legal agreement between you and daxmarkets. Read it carefully before completing the installation process and/or using the software. By using the software you acknowledge that you have read the terms of the algo and agree to them. If you are agreeing to these terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind the legal entity to these terms. If you do not have such authority, or if you do not wish to be bound by the terms, then you cannot use the software identified below or any other media on which the software is contained.
Software. Software is defined as DaxMarkets algo-trading platforms and API’s, including but not limited to Trading Station, WEB Trader, as well as any other software, updates or error corrections provided by DaxMarkets, and any associated data, media, files, user manuals, programming guides, signals, messages, alerts and other documentation provided to you by DaxMarkets or otherwise disseminated by DaxMarkets.
License. License is defined as a limited, revocable, non-sublicenceable, non-exclusive, non-transferable right to use Software, granted to you.
- GRANT OF LICENCE.
DaxMarkets grants you the right to install, use, access, display and run the Software on any computer or mobile device, where applicable, that you own or control, for personal, non-commercial use, unless you and DaxMarkets have agreed otherwise in writing, and provided that you comply with all terms and conditions of this ALGO.
- SCOPE AND LIMITATIONS.
You may not rent, lease, lend, sell, redistribute, reuse, retransmit, sublicense or exploit the Software including the Software text, graphics, video, audio, codes, user interface design or logs. You may not copy (except as expressly permitted by this ALGO), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof including but not limited to the Software text, graphics, video, audio, codes, user interface design or logs. Any attempt to do so is a violation of the rights of DaxMarkets. The terms of the ALGO will govern any upgrades provided by DaxMarkets that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. The Software is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. It is your responsibility to ascertain the terms of the ALGO-TRADING and comply with any local law or regulation to which you are subject. You shall not use or permit anyone to use the Software for any unlawful or unauthorized purpose. The information provided to you in the Software is the exclusive proprietary content of DaxMarkets and where applicable, its third party vendors, licensors and the affiliates thereof. Nothing in this ALGO shall provide you with any proprietary rights in the Software or any information provided to you in the Software.
As a condition to this License you understand and agree that your download and/or use of the Software/WEB SITE/WEB TRADER/MOBILE/APP will expose you to risks associated with the download and/or use of software that may not be compatible with your computer equipment. You hereby agree to accept such risks, including, but not limited to, failure of or damage to, hardware, software, communication lines or systems, and/or other computer equipment. DaxMarkets expressly disclaims any liability with respect to the foregoing, and you agree to fully indemnify, defend and hold harmless DaxMarkets from any and all damages, liabilities, losses, costs and expenses that may arise there from.
- CONSENT TO USE OF DATA.
You agree that DaxMarkets may collect and use technical data and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of Software updates, product support and other services to you (if any) related to this ALGO.
- LINKS TO THIRD PARTY CONTENT.
You may link to third party content through the use of the Software. The third party sites are not under the control of DaxMarkets and DaxMarkets is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Inclusion of any link does not imply an endorsement by DaxMarkets of the third party site. Certain third-party information transmitted in the Software may require additional approvals by the vendor or third party that supplies such information. You are responsible for making application to and receiving such written approval by the required third-party and paying any fees or charges where applicable.
The License granted to you under this ALGO can be terminated by DaxMarkets at any time without notice, with or without cause. DaxMarkets reserves the right to terminate your rights under this License without notice from DaxMarkets if you fail to comply with any term(s) of this ALGO. Upon termination of the License, you shall cease all use of the Software, and destroy all copies, full or partial, of the Software. You acknowledge that certain information is being supplied by third parties with whom DaxMarkets has entered into an agreement. In the event any agreement between a third party provider of information or software and DaxMarkets is terminated DaxMarkets will stop providing you with this information or software immediately and without notice. INTELLECTUAL PROPERTY. You acknowledge that the Software is protected by copyright and other intellectual property laws. You further acknowledge that all right, title and interest therein are the sole property of DaxMarkets and its third party licensors, where applicable, and that you receive no rights, title or interests in the Software except as expressly set forth herein. You agree not to challenge either DaxMarkets ‘s or any third party licensor’s rights in or otherwise attempt to assert any rights in the Software, except those provided under this ALGO.
- NO WARRANTY.
Daxmarkets does not make any express or implied warranties about the software, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The software is made available to you “as is” and “as available” and daxmarkets does not warrant that any defects or inaccuracies will be corrected daxmarkets does not warrant that the software will meet your needs, or that your use will be uninterrupted, timely, secure or error-free daxmarkets also makes no warranty that the results obtained from the use of the software will be accurate or reliable, or that the quality of any products, services, information, or other material related to the software will meet your expectations. No oral or written information or advice given by daxmarkets or its authorised representative shall create a warranty.daxmarkets and its third party content providers, third party licensors and any affiliates thereof do not make any express or implied warranties regarding the accuracy or timeliness of any and all information provided via the software.
- LIMITATION OF LIABILITY
To the extent permissible by law, in no event shall daxmarkets, any third party content provider, any third party licensor or any affiliates thereof be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses (“losses”), arising out of or related to your use or inability to use the software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if daxmarkets, any third party content provider, any third party licensor or any affiliates thereof have been advised of the possibility of such damages. Furthermore, except as otherwise required by law, daxmarkets will not be liable to you or anyone else for any loss resulting from a cause over which such daxmarkets does not have direct control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorised access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of god), fire, war, insurrection, terrorist act, riot, labor dispute and other labor problems, accident, emergency or action of government. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. Use of any third-party software will be governed by the applicable licence agreement, if any, with such third party daxmarkets is not responsible for any third-party software and will have no liability of any kind for losses resulting from your use of such third-party software with daxmarkets’s software daxmarkets makes no warranty of any kind with respect to such third-party software.
- GOVERNING LAWS AND JURISDICTION.
Unless otherwise agreed, these Terms and Conditions and their enforcement are governed by the laws of the state of Marshall Island, without regard to principles of conflicts of law, and shall inure to the benefit of DaxMarkets ‘s successors and assigns, whether by merger, consolidation, or otherwise. This is the case regardless of whether you reside or transact business with DaxMarkets. Unless a dispute would be governed by an applicable arbitration clause, you irrevocably agree to submit to the jurisdiction of the state courts located within the city and county stated above, and hereby waive any objection to the convenience or propriety of venue therein.
- MODIFICATIONS TO THE ALGO.
DaxMarkets reserves the right to change the terms and conditions of the ALGO at any time with or without notice by posting such changes on the www.DaxMarkets.com website. You are responsible for regularly reviewing these terms and conditions for any modifications and agree to be bound by the same.
Margin-loans- margin loans are a leverage tool that can (but no obligated to) be used by clients in their trading accounts. Margin-loans can increase profitability but can also increase risk, and can also result in conditions for withdrawals. These conditions normally include reaching a turnover (trading volume) of x20 the amount borrowed for ‘margin-loan’. Margin loans are similar to ‘bonus terms’ although with margin-loans the turnover is considerably lower and the services used for the margin loan still operate. Under no circumstance is daxmarkets or its third parties to be liable or responsible for the consequences that may occur by the use of margin-loans.
Clients can request bonuses to be added to their account and can serve as leverage (buying power) for trading. Clients are entitled to receive no more than 100% bonus money as their initial deposit. Bonuses terms and conditions state that withdrawals are subjected to: turnover (volume of trading) of times 30 (multiply 30): ((deposit+bonus)x30). Meaning only after reaching these terms are withdrawals approved. Under no circumstance is daxmarkets or its third parties to be liable or responsible for the consequences that may occur by the use of bonuses.
14.INSURANCE, INSURED TRADES.
Insurance/insured trades- insured is a trading tool used (but not obligated) on trading accounts with the written consent of the owner of the trading account. All insurance of trading is reimbursed to the clients account as ‘margin-loan’ and is subjected to its terms and conditions. Insurance is provided by third parties who in return for insuring trading positions take a percentage of the profit hence the trade wins. The third parties insuring trades offer the refund in case of loss of a percentage (or the entire amount) through margin-loans. Under no circumstance is daxmarkets or its third parties to be liable or responsible for the consequences that may occur by the use of insurance/insured trades. It is important you consult your account manager before using insurance or using margin-loans and make sure you understand fully the terms and conditions of these tools.
15.THIRD PARTY SERVICES
Third party services on daxmarkets.com include: signals,money managers, follow me, social trading, analysts opinion, market reviews, algo-trading (robots), market sentiment, financial news, updates, platforms, insurance, and margin-loans. Under no circumstance is daxmarkets or its third parties to be liable or responsible for the consequences that may occur by the use of any one of these services. The client is the sole owner of his/her account and is fully liable and responsible for the usage of any type of the services described in this paragraph (paragraph 14) in his/her account. Risk warning: our service includes products that are traded on margin and/or high-risk otc(over-the counter) markets and carry a risk of losses in excess of your deposited funds. The products may not be suitable for all investors. Please ensure that you fully understand the risks involved. Read more about our trading risk policy: http://www.daxmarkets.com/risk-management-policy/ this website is owned and operated by 3D-capital ltd, Munich,Germany.