Terms and Conditions for DAXCHAIN.EU System and Services.
General provisions.
The present Terms and Conditions (hereinafter called “Terms”) stipulates the obligations as well as procedures, under which Client Private Individual or Legal Entity can use the Daxchain System and services for virtual currency wallet services and virtual currency exchange services as well as have access to other services offered by the Daxchain System (hereinafter called “Services”).
DAXCHAIN OÜ, (hereinafter called “Daxchain”) is a company incorporated under the laws of Estonia, with registered No.: 14660094, and registered office address Harju maakond, Tallinn, Lasnamäe linnaosa, Väike-Paala tn 2, 11415, Estonia. Daxchain will provide virtual currency services under the license Nr. FVT000045. Services will be provided though the website daxchain.eu (hereinafter called “Website”).
This Terms will govern the use of products and services provided through the Website. We recommend to retain the copy of the Terms and transaction records.
Use of virtual currencies in certain jurisdictions may be illegal. It is up to you to know your regulatory requirements and to comply with them before using the Services.
IMPORTANT: Risk of loss while trading or holding virtual currencies can be substantial. Incorrectly stored or accessed virtual currencies may by stolen. You cannot cancel, revoke or amend the transaction that is under pending or complete status. Virtual currency transactions may be subject to certain restrictions and minimum purchase, exchange amount which Daxchain may specify from time to time.
Accepting the terms and our status.
IMPORTANT! BY CLICKING ON THE "I AGREE" BUTTON OR A SIMILAR AFFIRMATION, OR BY ACKNOWLEDGING ACCEPTANCE OF THE AGREEMENT BY ANY OTHER METHOD ALLOWED, OR BY USING OR ACCESSING THE DAXCHAIN SYSTEM AND SERVICES VIA A COMPUTER OR A MOBILE APPLICATION, YOU ACKNOWLEDGE AND AGREE THAT:
YOU HAVE REVIEWED AND FULLY UNDERSTOOD THE TERMS OF THE AGREEMENT AND TERMS OF SERVICE;
YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS AND TERMS OF SERVICE; AND
YOUR USE OR USE OF THE ENTITY YOU REPRESENT OF THE DAXCHAIN SYSTEM AND SERVICES WILL BE GOVERNED BY THIS AGREEMENT AND OTHER TERMS OF SERVICE.
Where the Terms and Conditions of the Contract are unacceptable or incomprehensible, or unclear to Client in their entirety or in part, Client shall have no right to use the Daxchain System. In case Client is in doubt regarding the Terms and Conditions of the Contract, Client must consult with a lawyer before entering into any transaction related to the use of Daxchain’s services or purchase or sale of the virtual currency.
Daxchain do not provide and do not intend to provide any financial or consultation services.
In relation to payments and / or donations in virtual currencies, any legal relations are between Client as a customer making a payment or donation and receiving party. Daxchain is not a party to relations between Client or legal body and Clients customers and / or donators making payments in virtual currencies. Daxchain do not accept any queries, letters, requests and (or) complaints regarding Client, Clients services, products, activities, and (or) a payment and (or) a donation, or a purchase related to relation between Client, Client as a Merchant, Client legal body and Clients customers (donators).
Definitions Used in the Terms.
The definitions used in the present Terms are listed below in this clause shall have the following meanings:
DAXCHAIN System - a computer program with relevant user interfaces available on the Website and/or otherwise accessible, owned, administered, supported and developed by Daxchain OU and other services stipulated in this Agreement and intended for, as well as conclusion of Virtual Currency Purchase-Sale Agreements, Virtual Currency wallet services, virtual currency processing services;
Client/Customer – private individual or legal entity identified and verified in Daxchain System;
Merchant - business that offers products and/or services for sale in Virtual Currencies or bona fide charitable organisations that accept donations in virtual currencies;
Working day - any day of a year, except for Saturdays, Sundays and the holidays provided for by the legislation of the Republic of Estonia. The start and end of the Working day shall be determined in accordance with the Estonian (Tallinn) time;
Website - the website www.daxchain.eu;
Account - a link generated in your name at your sign up (registration) to the Daxchain System, which you can use to login to and identify yourself in the Daxchain System;
Abandoned Account - any inactive Account through which no transactions have been processed for a minimum of 6 (six) months or for which contact information (address, phone numbers, email address) is no longer valid;
Terms and Conditions - the Terms and Conditions of the present Contract, as well as any annexes to it, which are referred to in the Terms and Conditions of the Contract;
Terms of Service – The scope of terms and conditions that are posted on the Website (daxchain.eu). Terms of Service include, but are not limited to the following Policies: Privacy Policy, Terms and Conditions, AML and CFT Policy, KYC Policy, Refund and Return, Delivery Policy.
Conventional Currency - Euros;
Virtual Currency - the virtual currency Bitcoin and / or other virtual currencies;
Virtual Currency Agreement - a remote non-recurrent agreement entered by and between Client and Daxchain on the basis of Terms of Service. A particular Virtual Currency Purchase-Sale-Transfer Agreement shall be the basis for corresponding transactions in the Virtual Currency.
QR Payments – product/service provided by Daxchain which allows customer to perform a transfer of a Virtual Currency using a unique two-dimensional quick-response (QR) code generated by Daxchain;
QR Codes - Quick Response Code, a barcode that contains information about an item to which it is attached (virtual currency wallet).
Where required by the context, the concepts used in the singular form in these Terms and Conditions shall be deemed to include their plural form and vice versa.
All other terms and definitions in this Policy are used in the same meaning as
under the Terms of Use published on the Website.
Preconditions for Use of the Daxchain.
An absolute prerequisite for using the Daxchain System is creation of your Account at the Daxchain System. The right and possibility to use the Daxchain System will be granted to you only upon registration at the Daxchain System in accordance with the procedure laid down further in these Terms and Conditions by submitting the required data about yourself. If you are acting on behalf of a legal entity, you must also provide the data about the legal entity represented.
Virtual Currency Services provided by Daxchain at the Website shall be as follows:
2.1. Virtual currency wallet services means a service in the framework of which keys are generated for customers or customers encrypted keys are kept, which can be used for the purpose of keeping, storing and transferring virtual currencies;
2.2. Virtual currency exchange services means a service with the help of which a person exchanges a virtual currency against a fiat currency or a fiat currency against the virtual currency or a virtual currency against another virtual currency.
2.3. Daxchain can also provide additional services not mentioned in 2.1. and 2.2. from time to time under the Terms that will be separately published to this Terms of Service.
2.4. Together and separately services mentioned in 2.1., 2.2. and 2.3. are called “Services”.
Use of Software.
To log into the Daxchain System you can use your own software that meets the requirements specified at the Website or the programs (applications) downloaded from the Website provided by us. The requirements for software intended for logging into the Daxchain System as well as the instructions for downloading and installation of the programs (API) provided by us shall be made available at the Website.
In order to be eligible to use Daxchain Services you must be 18 years old and to have a capacity to enter into the legally binding contracts.
In order to start using Daxchain Services you must undergo the registration and authorization process providing the Daxchain with the information that is requested as a part of the account opening process. This includes but is not limited to: personal identification information, contact information, personal identification information, etc. Failure to provide any information that is essential for the provision of KYC and AML procedures under existing legislation will lead to the denial for the account opening or further use of Services. The scope and nature of information requested may differ from time to time, based on the Services provided by Daxchain.
Your eligibility to use certain Services or restriction on the existing Services may differ from the Country where you reside and may be requested from Daxchain at office@daxchain.eu.
Legal Effects of Actions Performed at the Daxchain System.
By using the Daxchain System you shall agree and acknowledge that all and any actions (transactions) performed by using your Account at the Daxchain System related to conclusion and implementation of the Virtual Currency Purchase-Sale Agreements, the use of other services offered by the Daxchain System and/or discharge of other provisions of the Terms and Conditions, which have been confirmed in the manner specified in these Terms and Conditions and the Daxchain System, shall be valid and causing the same legal effects as the actions (transactions) formalized by a paper document signed by you, and if you are acting on behalf of a legal entity, then also by a paper document endorsed with a stamp of such entity.
Creation of an Account at the Daxchain System.
When creating an account at Website Client will be asked to register using personal e-mail address and password. The e-mail address specified by Client and intended for identification shall be valid throughout the entire period of validity of Clients Account and cannot be changed. Client shall be entitled to change the login password intended for identification at any time by taking appropriate actions specified at the Website.
Clients Account at the Daxchain System will be created upon specifying your e-mail address and creating your login password. Each time Client will log in into account we will make check of your identity by requesting to submit the log in details. As long as correct log in details are entered, we assume that you are the holder of the account that is connected to your virtual currency wallet.
Client takes all responsibility for keeping and storing his log in and other personal information secret. We advise to keep your account as well as other personal information in secret in order to disable other from accessing or using it. If you intentionally or negligently disclose your account or other personal information details you will be liable and responsible for the access to your account and further actions that was initiated while being logged in into your account.
If you discover or suspect any of the following, you shall immediately and without a delay contact our customer support team at office@daxchain.eu:
Intentional or negligent disclosure of your account or log in details;
Loss of information that is relevant for your account access (e-mail log in details);
Unauthorized access or activity in your account.
When we will receive a notification regarding security of your account you will not be able to access your account until the case will be resolved by our team. Any queries regarding safety and security of your account require additional identity verification checks performed by our customer support team.
Unless Client properly notifies Daxchain of any of the breach of account security or unauthorized account accesses Daxchain bears no further responsibility for your account activity. Client must ensure the secrecy of own Account and login information used to enter into the Daxchain System. Daxchain shall assume no responsibility for any actions at the Daxchain System that are not initiated by Client and any consequences thereof, if such actions have been taken and confirmed after logging into the Daxchain System with Client’s e-mail address and password. All the risk regarding the actions indicated in this clause shall fall exclusively on Client.
The creation of the Account will grant a right to use the Website and familiarize with the operation of the Daxchain System, however this will not be a sufficient basis for entering into transactions in Virtual Currency.
In order to enter into transactions in Virtual Currency (to conclude the Agreements of Purchase-Sale and to implement them) Client have to disclose properly his/hers identity to Daxchain System. Before entering into first transaction, you must be authorised in the Daxchain System by uploading the following documents:
A valid identity document (passport of a citizen, personal identity card) issued by a competent state authority.
Daxchain System shall reserve the right to request originals of the scanned documents or duly certified paper copies from Client or additional documents that might be necessary for proper identity verification of the Account holder.
Having registered on the Daxchain System Client automatically agree to receive by email (to the address provided at the time of registration) information related to transactions in Virtual Currency, as well as various offers in relation to additional services, products, etc..
Actions and procedure for creating an account, registration and logging into the Daxchain System shall be specified in detail on the Website.
Purchase of Virtual Currencies.
Daxchain enables Client to make a purchase of Virtual Currencies subject to relevant fees that are retained automatically during the Virtual Currency exchange services. Fees and other Daxchain tariffs could be found at the Website.
Daxchain reserves the right to determine minimum and (or) maximum amounts of the Virtual Currency to be purchased in a single operation indicating such restrictions on the Website or notifying the client separately by the means of communication provided upon registration.
To conclude an agreement on purchasing Virtual Currency from Daxchain Client have to enter the amount of Conventional Currency of owns choice, for which he/her want to buy Virtual Currency, or the quantity of Virtual Currency he/her wants to buy into corresponding fields of the Daxchain System. The Daxchain System will automatically calculate and offer on owns behalf either preliminary quantity of Virtual Currency (if Client specified the amount of Conventional Currency that he/she wants to spend on purchasing Virtual Currency) or preliminary price of Virtual Currency (if he/she specified the quantity of Virtual Currency he/she wants to buy).
Please note that the calculated amounts (of quantity or price of Virtual Currency) are only preliminary. The final quantity of Virtual Currency Client have purchased will be calculated and confirmed at the moment the Virtual Currency is rewritten.
To conclude Virtual Currency Purchase Agreement Client have to enter the amount of EUR for which he/she want to buy Virtual Currency, or the quantity of Virtual Currency he/she wants to buy into corresponding fields of the Daxchain System.
The Daxchain System will automatically calculate and offer on owns behalf either preliminary quantity of Virtual Currency, if Client specified the amount of EUR that he/she wants to spend on purchasing Virtual Currency, or preliminary price of Virtual Currency, if he/she specified the quantity of Virtual Currency he/she wants to buy.
Please note that the calculated amounts (of quantity or price of Virtual Currency) are only preliminary. The final quantity/price of Virtual Currency Client have purchased will be calculated and confirmed at the moment the Virtual Currency is rewritten.
Client will confirm his/her will to purchase Virtual Currency from Daxchain, for the price offered, by the means of credit card purchase, transferring the specified amount of EUR to Daxchain.
Once the credit card transaction is successful and transaction is honoured by the issuing Bank, Daxchain will receive positive status on the credit card transaction from the third party service provider - it will be considered that Client have entered into Virtual Currency Purchase Agreement with Daxchain.
If credit card transaction in unsuccessful, it will be considered that Virtual Currency Purchase Agreement is cancelled and rejected on the Client side.
After positive notification from third party service provider regarding credit card transaction initiated by the Client, Daxchain System generates and provides Client with a notification of successful credit card transaction stating details of the Virtual Currency purchase.
After receiving confirmation and positive notification on the Virtual Currency purchase in Daxchain System, Daxchain will send the details of the Virtual Currency purchase to the Virtual Currency network
Once confirmation on the status of the purchase will be received and approved by the Virtual Currency network, Daxchain will finalize the transfer.
After successful transfer of the Virtual Currency to the Clients Account, Client will receive notification on the successful conclusion of the Virtual Currency Purchase Agreement.
Virtual Currency transactions that are in a pending state will be unconfirmed until approved by the Virtual Currency network.
Please note that, during the time from presentation of the preliminary price of the Virtual Currency (calculated by the Daxchain System after entering the required information) to rewriting of the Virtual Currency in Clients name, the value of the quantity of the Virtual Currency can change (increase or decrease). As a result the quantity of the Virtual Currency rewritten in Clients name can be different (greater or smaller) from the preliminary indication.
Daxchain, during execution of the Virtual Currency Purchase Agreement, will retain a service fee commission that can be found at a Website.
If Client becomes aware of any fraudulent, incorrect or unauthorized transfer/purchase of Virtual Currency, he/she must notify Daxchain immediately at office@daxchain.eu. In case if notification is not received, Daxchain bears no responsibility for any loss or damage that Client might or will suffer as a result of fraudulent, incorrect or unauthorized transfer/purchase of Virtual Currency.
Cancelling a purchase
Note: All confirmed buys, sells, deposits, transfers and withdrawals on Daxchain are final.
Before any order is processed, you will always make confirmation that you are comfortable with the amount and timing of your order. Be sure to only confirm once you are sure you want the order to be processed as described in the confirmation window.
Transfer of Virtual Currencies.
Daxchain enables Client to make a Transfer of Virtual Currencies subject to relevant fees that are retained automatically during the Virtual Currency Transfer services. Fees and other Daxchain tariffs could be found at the Website.
Daxchain reserves the right to determine minimum and (or) maximum amounts of the Virtual Currency to be transfered in a single operation indicating such restrictions on the Website.
To conclude Virtual Currency Transfer Agreement, Client have to enter the amount of the Virtual Currency he/she wants to transfer and recipient’s wallet into corresponding fields of the Daxchain System.
Daxchain during execution of the Vurtual Currency Transfer will retain a service fee commission that can be found on a Website.
Once Client confirms Virtual Currency Transfer in Daxchain System, the Virtual Currency Transfer Agreement is considered initiated.
If Client will not confirm a Virtual Currency Transfer, it will be considered that Virtual Currency Transfer Agreement is cancelled and rejected on the Client side.
After receiving confirmation on the Virtual Currency Transfer in Daxchain System by the Client, Daxchain will send the details of the transfer to the Virtual Currency network.
Once transaction will be approved by the Virtual Currency network, Daxchain will finalize the transfer.
Client will receive notification on the successful conclusion of the Virtual Currency Transfer Agreement.
Virtual Currency transactions that are in a pending state will be unconfirmed until approved by the Virtual Currency network.
If Client becomes aware of any fraudulent, incorrect or unauthorized transfer of Virtual Currency, he/she must notify us this immediately at office@daxchain.eu. In case if notification is not received, Daxchain bears no responsibility for any loss or damage that Client might or will suffer as a result of fraudulent, incorrect or unauthorized transfer of Virtual Currency.
Note: All confirmed buys, sells, deposits, transfers and withdrawals on Daxchain are final.
Before any order is processed, you will always make confirmation that you are comfortable with the amount and timing of your order. Be sure to only confirm once you are sure you want the order to be processed as described in the confirmation window.
Virtual Currency wallet services.
Daxchain reserves the right to determine minimum and (or) maximum amounts of the Virtual Currency to be stored in Virtual Currency wallet indicating such restrictions on the Website.
Once an Account is fully authorized and verified Client will have full access for Virtual Currency Services at Daxchain System.
You authorize Daxchain to receive Virtual Currencies, hold, exchange and distribute them, as well as deduct commission on your behalf, and to take any and all actions that we find necessary to provide the Services or to comply with all applicable laws, regulations, Daxchain Policies and Terms of Service.
In relation to payments and/ or donations in Virtual Currencies made to Client or from Client, any legal relations are between Client/donator and party receiving the donations/providing goods or services. Daxchain do not accept any queries, letter, requests/ complaints regarding Client/ customer goods/services, products, activities and/or a payment and/or a donation, or a purchase related to relation between you as Client, service provider, donator or any other third party relating to Virtual Currency transactions.
Daxchain may at any time with or without notice or cause, suspend, cancel or terminate the provision of the receiving Virtual Currencies Services, QR Payments and/or any other Services offered thereunder and/or disapprove any transaction proposed to be effected thereby and may not give any reason as it is necessary to comply with existing rules and regulation to which Daxchain is considered accountable.
If your Account becomes an Abandoned Account with a balance due to you, you shall be assessed a monthly Abandoned Account fee as indicated at our Website. You authorize and instruct Daxchain to deduct the Abandoned Account fee from your Account on your behalf. In addition, all costs incurred by us in managing your Abandoned Account, will be deducted from your Account on your behalf.
Services allow Client, having fully identified and verified Virtual Currency Account in the Daxchain System, to obtain the Virtual Currency information - price of the Virtual Currency, value of the Virtual Currency compared to EUR, etc.. However, neither the Services nor the Daxchain System are intended per se for rewriting, storage or value determination. Therefore, under no circumstances Daxchain shall assume the responsibility for any change or loss of the value of Clients Virtual Currency.
Client shall take into account that, for objective reasons, the value of the Virtual Currency may change rather significantly in a rather short time. Therefore, when selling goods to Business Clients and accepting the Virtual Currency as payment or donation Client should bear in mind that the value of the Virtual Currency paid may have changed at the moment of return of the goods/services. The risk resulting from such value change shall fall on Client.
Client will maintain a clear refund policy and disclose it to Business Clients / donators ensuring that policies and procedures comply with all applicable laws and regulations, and with the provisions of this Agreement. Client authorise Daxchain to process refund requests only in case of an underpayment, overpayment or overdue virtual currency payment.
Refund Policy is not applicable and will not be executed in relation to QR Payment or other Services related to the receiving of Virtual Currency by the Client.
Daxchain is not able and will not issue refund on Clients behalf in any other cases, including but not limited to: Clients failure to deliver service, product, project or otherwise perform Clients obligations towards customers, donators and other individuals. Client can request a refund on behalf of a customer. Refunds on fulfilled invoices must be requested within 1 month following the original transaction. Daxchain will charge fees for processing refunds as indicated in our website. Daxchain reserves the right to determine minimum amount that can be refunded on Clients behalf. Further terms of Daxchain Refund Policy can be indicated on the Website.
Limitation of Daxchain's Liability.
The Daxchain System shall enable Client to register Virtual Currency wallet, accept to his wallet bitcoin and other virtual currencies, conclude and perform the Virtual Currency Purchase-Sale Agreements more conveniently, but it shall neither be intended per se for rewriting, storage or value setting of the Virtual Currency nor perform such functions. Therefore, Daxchain System under no circumstances shall assume the responsible for change in or loss of the value of Virtual Currency.
Daxchain shall not be responsible for any delay, error, failure or malfunction of any computer system or other device employed by the Client to the extent that it is attributable to any cause beyond the Daxchain’s reasonable control.
You should consider the fact that for objective reasons the value of the Virtual Currency may change at a short time. Therefore, when entering into a Virtual Currency Purchase-Sale Agreement, Client should bear in mind that the value of the Virtual Currency with regard to the Conventional Currencies (fiat money) may have changed at the moment of fulfilment of the agreement (rewriting of the Virtual Currency) and be at variance with the value, which was at the moment of its conclusion. The risk resulting from such value change shall fall on Client.
IN NO EVENT WILL DAXCHAIN BE LIABLE TO CLIENT, LEGAL ENTITY CLIENT REPRESENT OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY LOSS, THEFT, DISAPPEARANCE, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM CLIENT’S USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE DAXCHAIN SYSTEM, AS WELL AS CLIENTS RELATIONS FROM CLEINT’S CUSTOMERS AND DONATORS, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE KNEW THAT SUCH DAMAGE MAY HAVE BEEN INCURRED. IN NO EVENT WILL WE BE LIABLE TO CLIENT, LEGAL ENTITY CLIENT REPRESENTS OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, CLIENTS DAXCHAIN ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
CLIENT AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS DAXCHAIN SYSTEM, DAXCHAIN’S AFFILIATES AND ANY COMPANY UNDER COMMON OWNERSHIP OR CONTROL WITH DAXCHAIN OR AFFILIATES, AS WELL AS THE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM ANY CLAIM, LIABILITY, LOSS, EXPENSE OR DEMAND, INCLUDING LEGAL FEES, RELATED TO A PARTICULAR TRANSATION, A PURCHASE, PRODUCT, GOOD AND (OR) SERVICE, DONATION, CLIENT’S ACCESS OR USE OF THE DAXCHAIN SYSTEM OR ANY OF THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH THE DAXCHAIN SYSTEM.
THE SERVICE AND UNDERLYING SOFTWARE IS PROVIDED "AS IT IS", WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL THE AUTHORS OF THE SOFTWARE, DAXCHAIN EMPLOYEES AND AFFILIATES, COPYRIGHT HOLDERS, OR DAXCHAIN ITSELF BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE OR THE USE OF OTHER FEATURES IN THE SOFTWARE.
Relationship of the Parties.
The Parties are independent contractors and nothing in this Agreement shall make them joint venturers, partners, employees, agents or other representatives of the other party. Neither party shall make any representation that suggests otherwise.
Development and Modification of Daxchain’s Software.
Daxchain reserve a right to exercise at own discretion at any time to develop, improve, and otherwise modify the Website and (or) the applications comprising the Daxchain System or other programs related to service provision, the functions and functionality of the Website and (or) of the Daxchain System, including (but not limited to): quantity of functions, their scope, procedure for use of this functions, scope of data required for Client’s identification procedures etc. If possible, Daxchain.eu will publish information about the changes indicated in this clause. Daxchain assumes no responsibility for any losses and inconveniences to Client and any third parties, which may be sustained as a result of exercising of rights indicated in this clause, Daxchain is released from such responsibility.
Integration of the Daxchain system, APIs and plug-ins
In case Client decides to integrate the Daxchain system, any part thereof, interfaces, APIs ,plug-ins, Client do so at his/hers own full risk and cost. In no event Daxchain will be liable to Client or any third party for any direct, indirect, special, incidental, consequential, or punitive damages or any loss, theft, disappearance, or damages for lost profits, lost revenues, lost data or other tangible/intangible losses that result from the above mentioned integration.
Restrictions on and Termination of Provision of Services.
Daxchain reserves a right to restrict or terminate provision of Services Terms and Conditions of the Agreement to Client. To suspend fulfilment of concluded Virtual Currency Purchase-Sale Agreements at any time without any prior warning as well as to block or delete Client’s Account if Client fails to fulfil his/hers obligations specified in these Terms and Conditions. The same shall apply when provision of respective services might threaten the security of the Daxchain System or the Website. Restriction or Termination of Services shall follow upon instruction or suggestion from competent public authorities or if such restrictions become necessary according to legislation, or if Daxchain suspect that Client use the services for illegal, fraudulent or unfair activities that might damage Daxchain’s reputation. If the provision of the services is restricted or terminated, as a result of suspicion that Client is engaged in illegal fraudulent or unfair activities, the burden of proof lies upon the Client to prove the absence of such a circumstance.
Daxchain reserves the right to suspend or cancel the provision of Services or any part of System functionality not limited but subject to the following circumstances:
Daxchain suspects or have reasonable grounds to believe that Account activity might be considered as fraudulent or unlawful;
Account activity related to money laundering or terrorist financing;
Account activity is in the breach of existing Terms and Conditions;
Account activity might otherwise breach the existing laws and regulations.
Daxchain reserve a right to restrict or terminate provision of services at any time without any prior warning or to impose special terms and conditions for the use of the Services if Client is engaged in activities that, in Daxchain’s opinion, involve greater risk (trade in restricted items etc.).
Other restrictions on provision of Services as well as special procedures may also be specified on the Website.
Storage of information.
Daxchain will store information related to Virtual Currency Services for own needs for at least five (5) years.
Daxchain is liable for any consequences that Client will suffer as a result of loss of information and data on the Website only if found guilty for that.
General Rights and Obligations.
Client's obligations:
to act in good faith and adhere to these Terms and Conditions as well as other provisions, use the Daxchain System according to the regulations governing its use;
to promptly (but not later than on the same working day as you become aware of that) notify Daxchain by email address office@daxchain.eu of improperly provided services, of loss, theft, unauthorised use or illegal acquisition of the Daxchain login data, and also of loss of your smart device used for logging into the Daxchain System;
at Daxchain’s request or in an event of any other requirement shown in the Daxchain System to correct Clients personal data so that they are up to date. Daxchain reserves the right to immediately, with no additional notification suspend any transactions in the Virtual Currency or wallet services if Client obligations specified in this clause are not met and fulfilled;
to register at the Daxchain System only once, except when account becomes accessible to other persons. In such a case Client is able to create a new account after it is advised to Daxchain by email and old account will be disabled;
not to use the Daxchain System and services for illegal actions (making illegal transactions, fraud etc.) as well as for activity that may hurt Daxchain reputation, or for the purposes of money laundering and terrorist financing. Should Client have any doubts regarding compliance of his/her activity with requirements set out in this clause Client must report the nature of his/hers activity to Daxchain at office@daxchain.eu and not carry out any transactions in Virtual Currency until instructed otherwise;
to take all the reasonable measures necessary to prevent illegal disclosure or use of owns data related to Virtual Currency wallet and transactions in Virtual Currency;
at all times to comply with all applicable laws and regulations, including but not limited to: anti-money laundering and terrorist financing regulation, personal data protection laws, unfair commercial practices regulations, consumer rights laws, advertising laws.
Daxchain’s Obligations:
to act in good faith and with discretion so as to meet Client’s interests;
to enable the intended use of the Website and the Daxchain System, to take measures to correct the operational faults with the Service provision;
provide Virtual Currency Services in accordance with Terms and Conditions set out in this document as well as with applicable law and regulations;
to properly discharge financial obligations to Client.
Assurances and Guarantees.
By using the Website and the Daxchain System, Client hereby guarantee that the information and data provided by:
is accurate, correct, up to date and not misleading;
is free of viruses or other computer programs or files that could interfere with normal functioning of the Daxchain System and/or related applications.
Amendments to existing Terms and Conditions.
Daxchain hereby reserve the right to exercise at own discretion at any time to amend present Terms and Conditions by publishing an updated text on the Website. After updated text of the Terms and Conditions is published on the Website and Client continues making transactions in Virtual Currency, it shall be deemed that Client agrees with the amended Terms and Conditions and shall be considered as bound by them.
Intellectual Property Rights.
Daxchain and Client shall not transfer or grant any copyright or other Intellectual Property rights.
Both Daxchain and Client shall commit not to disclose any confidential information that comes to our/your knowledge in relation to this Agreement. The commitment of confidentiality shall be given for an indefinite period. The provision of confidentiality shall not apply when the information is provided by any of the Parties to its lawyers, auditors, International Payment Systems or other persons invoked by that Party for performance of the agreements provided for in the Terms and Conditions of the Contract and obliged by law or written documents to honour the provision of confidentiality, as well as to supervisory bodies and other authorities that have a right to access this information in accordance with the conditions set out by the law.
Legal Protection of Personal Data.
In order to provide Virtual Currency wallet Services, Virtual Currency purchasing/sell and virtual payment processing services, Daxchain will collect, use, store and otherwise process information about Client as permitted by the legal acts of the Republic of Estonia, the European Union General Data Protection Regulation (No 2016/679) and other legal acts.
Daxchain will collect, use, store, and otherwise process information about Client as described in detail in Privacy Policy and updated from time to time, as well as other provisions of this Agreement. Client have to familiarise himself with the Privacy Policy prior to executing this Agreement. By way of executing this Agreement, Client acknowledges and confirms that have fully understood the Privacy Policy.
Daxchain implements appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction or loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
Client is obliged to inform Daxchain in writing (via e-mail office@daxchain.eu Subject to: DPO Officer) immediately in case any information Daxchain holds about Client is inaccurate or not up to date or Client believes that any of the information collected, used and stored is in non compliant with applicable laws.
By accepting this Agreement Client gives a clear affirmation and authorise Daxchain, as a data processor, to process personal data on Clients behalf and pursuant to relevant instructions for the sole purpose of providing with the Daxchain System and Services.
Validity of the Terms and Conditions.
Should any provision of the Terms and Conditions appear to be in conflict with mandatory law and therefore considered as null and void Daxchain shall undertake all possible measures to replace the non consistent provisions of the Terms and Conditions with economically and legally nearest its equivalent.
Governing Law. Jurisdiction.
These Terms and Conditions of the Contract have been prepared with reference to the law of the Republic of Estonia. Legal relations resulting from present Terms and Conditions shall be governed by the laws of the Republic of Estonia and applicable EU laws and regulations.
Any legal disputes arising from or in relation to this agreement shall be submitted to court of the Republic of Estonia according to the seat of the Service Provider (Tallinn, the Republic of Estonia).
Submission of Complaints and Claims.
Client may submit own complaints and claims regarding failure to perform or undue performance of the provisions of these Terms and Conditions to Daxchain by e-mail to the address office@daxchain.eu.
Abandoned Accounts.
If your Account becomes an Abandoned Account with a balance due to you, you shall be assessed a monthly Abandoned Account fee. Once Account becomes abandoned, fee in amount of 10 EUR per month or equivalent in virtual currency shall be deducted from Clients Account balance. You authorise and instruct us to deduct the Abandoned Account fee from your Account on your behalf. All costs incurred by us in managing your Abandoned Account, will be deducted from your Account on your behalf.
Additional liability provisions.
Services provided under this Terms and Conditions allow Client having and administering the Virtual Currency Account in the Daxchain System as well as obtaining the Virtual Currency information (price of the Virtual Currency (value in comparison to the Conventional Currency) at a given moment); however, neither the services nor the Daxchain System are intended per se for rewriting, storage or value determination. Therefore, under no circumstances Daxchain shall assume the responsibility for any change in or loss of the value of Clients Virtual Currency.
Client shall take into account that, for objective reasons, the value of the Virtual Currency may change rather significantly in a rather short time. Therefore, when selling goods to Business Clients and accepting the Virtual Currency as payment, Client should bear in mind that the value of the Virtual Currency paid may have changed at the moment of return of the goods. The risk resulting from such value change shall fall on Client.
Disclaimer of Warranties and Limitation of Liability.
DAXCHAIN is not responsible for the following:
Any reliance that Client may place on any material or comments posted on Daxchain Services. Please note that nothing contained in Daxchain Website/Service or the material published on it is intended to amount to advice on which Client should rely; or
Any losses that Client may suffer because Client cannot use Daxchain’s website at any time; or
Any losses Client could suffer through connecting to any linked third party websites or any statements, information, content, products or services that are published on, or may be accessible from, any linked third party website. Daxchain do not guarantee that above mentioned sources are free from viruses or anything else that could be infectious or destructive; or
Any errors in or omissions from Daxchain Website/Service; or
Any losses Client may suffer by relying on any commentary, postings or reviews (of Daxchain services or that of own partners) on Website/Service; or
Any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Clients computer equipment, computer programs, data or other proprietary material due to use of our Website/Service or after downloading of any material posted on it, or on any website linked to it; or
The privacy policies and practices of other linked third party websites, even if Client access them using links from Website/Service; or
Any unauthorised access or loss of personal information that is beyond Daxchain’s control.
DAXCHAIN’S INTENTION EXPRESSLY MAKES NO WARRANTY THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS FREE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESSED, INCLUDING, BUT NOT LIMITED TO, FIT FOR PURPOSE AND NON-INFRINGEMENT.
CLIENT EXPRESSLY UNDERSTAND AND AGREES THAT DAXCHAIN INTENTION OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY ERRORS; MISTAKES; INACCURACIES; LOSS OF DATA; DISRUPTION OF SERVICE; PROPERTY DAMAGE, INCLUDING, BUT NOT LIMITED TO, SOFTWARE OR HARDWARE FAILURES; WHILST USING THE SERVICE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
DAXCHAIN OÜ
Harju maakond, Tallinn, Lasnamäe linnaosa, Väike-Paala tn 2, 11415
Registration number: 14660094
Virtual Currency service license: FVT000045
Terms and Conditions effective 23rd July, 2021.