Term and Condition » DEXA Messenger

Terms and Conditions for
https://dexacoin.net / https://dexacoin.com

Recital
These Terms and Conditions (“Terms”) govern:
1. Your use of this Website and the Social Messaging App designated as “DEXA Messenger” or “Application” (as further defined below), and
2. The legal and contractual relationship between you (as further defined below) and the owner of this Website/Application (hereinafter the “Owner” as further identified below) arising out of your use of this Website/Application and any services provided through this Website/Application, whether paid or unpaid.
The individual accessing this Website/Application (as further defined below), for personal, professional, or any other relevant use, and/or receiving free or paid for services through this Website or Application and any software provided herein (hereinafter the “User(s)” or “you”) must read these Terms carefully, to make sure they are fully aware of their rights and obligations, associated with accessing this Website/Application, and all services or software provided on therein.

Furthermore, by accessing the Website specifically, you acknowledge the following:

– “DEXA” is a Utility Token

– The purchase of “DEXA” is NOT an investment or a security token, however “DEXA” is a UTILITY TOKEN.

– The Owner reserves the right at any time to verify your identity for the purposes of complying with Anti-Money Laundering laws or any other applicable law, if you engage in cryptocurrency transactions via the Content and Application.
Definitions
1. The Website and Application is provided by DEXA COIN FZ LLC, a company registered in the Emirate of Fujairah, UAE the contact email of which is info@dexacoin.net (the “Owner” or “us” or “we”)
2. “This Website” or the “Application” refers to
  1. This website, located at www.dexacoin.com & www.dexacoin.net , including its subdomains and any other website through which the Owner makes services advertised, displayed or accessed through this Website available;
  2. The functionalities available via the Application (described below), including video calling, text messaging, image sharing, data sharing, document sharing, voice recording functions, voice call functions, cryptocurrency purchase options, cryptocurrency wallet features, interactive gaming options, access to third party applications, and any other feature or function added to the Application at the Owner’s sole and absolute discretion.
  3. Social messenger applications affiliated with the Website, or otherwise carrying the official Dexacoin designation, while being under the ownership and operation of the Owner, whether such applications are for mobile, tablet and other smart device systems developed or accessed through this Website, or are downloaded or accessed from this Website, or any third party site/source, such as, but not limited to, the Google Play Store, the Apple App Store, or elsewhere (the “Application”);
  4. The Application Program Interfaces (API) accessed through this Website or the Application;
  5. Any and all services accessed through this Website or Application by a User (“Services” or “Service”);
  6. Any applications, sample and content files, source code, scripts, instruction sets or software included as part of a service offered through this Website/Application or otherwise accessed via this Website or Application, as well as any related documentation;
  7. Any and all paid or unpaid services, physical products, or information about services or physical products of any kind, purchased, accessed or obtained through this Website or Application.
3. Hereinafter, the information, services, and all other items mentioned in Section 2.2a)-g) are referred to as the “Content,” and the terms “Website” and “Application” will be collectively referred to as “Application”.
4. Any reference to digital payments, transactions or transfers in these Terms, refer exclusively to cryptocurrency transfers alone. No fiat currency may be sent to other Users via the Services and Application.
Application of The Terms to the Users
1. In compliance with the General Data Protection Regulations in effect in the European Union (GDPR), the right of withdrawal (as defined below) is provided only to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.
2. Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to consumers or to those Users that do not qualify as consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, all clauses apply to all Users.
3. Unless otherwise specified, the present Terms apply generally to all Users when using this Application.
4. Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
Requirements with which Users must comply
By using this Application, each User confirms to meet the following requirements:
1. The User is not restricted in any way from making use of or accessing the Content through any contractual, legal or other restrictions of any kind on the Users activity, whether such use is professional, personal, commercial or otherwise;
2. User is not located in a country that is subject to a United Arab Emirates (“UAE”), U.S. or other Government embargo, or that is subject to any UAE, US or other government sanction, whether financial or otherwise;
3. User is not listed on any U.S. or other Government list of sanctioned parties; and
4. The User shall not make any use of the Content on this Application for the purpose of any illegal or unlawful activities in the UAE, or the laws of any applicable jurisdiction to which the User and the Owner are subject to.
Account registration
1. To use and access the Content, Users may register or create a User account (“account” or “Account”), providing all required data or information in a complete and truthful manner. The Owner shall not be responsible for assuring or verifying the validity or truthfulness of any information provided by the User, related to their account or access to Content on this Application, and the User hereby agrees that they are fully liable and responsible for this information. Users may also be permitted to use the Service on the Application without registering or creating a User account (if so permitted by the Owner), however, this may cause limited availability of certain features or functions.
2. Users are responsible for keeping their login credentials and associated PIN confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application.
3. By registering, Users agree to be fully responsible for all activities that occur under their username, PIN and password. The Owner shall not be held responsible for any liabilities, damages, costs, sanctions or claims of any kind (“liabilities”), arising out of the Users creation of an account, provision of information related to such an account, or the use of the Content and this Application, and the User agrees that they shall defend, indemnify and hold harmless the owner of this Application for all liabilities arising out of their use of their account, on demand, and such liabilities shall include any reasonable attorney fees or legal expenses.
4. Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
5. If Users wish to register an account for Cryptocurrency transactions, sale, purchase or trading, then they:
  1. HEREBY AUTHORIZE THE OWNER TO MAKE INQUIRIES, WHETHER DIRECTLY OR THROUGH THIRD PARTIES, THAT THE OWNER CONSIDERS NECESSARY TO VERIFY YOUR IDENTITY OR PROTECT YOU AND/OR OWNER AGAINST FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE ACTION OWNER 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.
  2. ACKNOWLEDGE AND AGREE THAT THE PURCHASE OF ANY CRYPTOGRAPHIC TOKENS AND CRYPTOCURRENCY 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 WE WILL BE AVAILABLE TO ASSIST PURCHASERS OF CRYPTOCURRENCY DURING THE SALE, WE WILL NOT BE RESPONSIBLE IN ANY WAY FOR LOSS OF FINANCIAL ASSETS, FIAT CURRENCY, CRYPTOCURRENCY OR ANY FINANCIAL LOSS RESULTING FROM ACTIONS TAKEN BY, OR OMITTED BY USERS. IF YOU DO NOT HAVE SUCH EXPERIENCE OR EXPERTISE, THEN YOU SHOULD NOT PURCHASE CRYPTOCURRENCY OR PARTICIPATE IN THE SALE OF CRYPTOCURRENCY. YOUR PARTICIPATION IN THE SALE OR PURCHASE OF CRYPTOCURRENCY IS DEEMED TO BE YOUR UNDERTAKING THAT YOU SATISFY THE REQUIREMENTS MENTIONED IN THIS PARAGRAPH.
6. Terms Governing Financial Transactions on the Application. You agree that all transactions and activities by the use of your Account are undertaken at your sole and absolute risk and discretion. For any financial activities, including the trading, buying and selling of digital currency or related financial products via your Account, you, as the User, shall be solely and independently responsible and liable for these activities, and the Owner shall not be liable for any losses, loss of financial assets, loss of value of any assets, or other losses incurred by yourself, in the process of engaging in financial transactions, trading, buying or selling of digital currency via the Content, Services or Application. The Owner will not undertake any transactions on your behalf, and you are responsible for initiating and authorizing any and all transactions on your Account. You are also solely responsible for all fiat and digital currency, as well as any other assets (whether tangible or intangible), held on your Account. You also acknowledge that your use of the Services for buying and selling digital currency is also governed by the third-party terms and conditions. In particular, we encourage you to thoroughly review and understand the risks and intricacies of trading digital currency, and by purchasing or trading any digital currency or financial assets via the Services, Content or Application. You represent and warrant that you have the required experience, expertise and knowledge to engage in such business activities at your sole and absolute risk.
Conditions for account registration
Registration of User accounts on this Application is subject to the conditions outlined below. By registering, Users agree to meet the following conditions:
1. Accounts registered by bots or any other automated methods are not permitted.
2. Unless otherwise specified, each User must register only one account.
3. Unless explicitly permitted, a User account may not be shared with other persons, and the User, and not the Application, is responsible for all consequences and liabilities associated with the sharing of an account and its related details with third parties or additional users.
Account termination
Users can terminate their account and stop using the Content at any time by doing the following:
1. By using the tools provided for account termination on this Application.
2. By directly contacting the Owner at the contact details provided in this document, only in the event that the steps in Section 7.a of these Terms described above do not lead to the successful termination of a User’s account.
Account suspension and deletion
1. The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
2. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement, and the User agrees that the Owner shall not be liable for any losses, liabilities, loss of data, economic damages, loss of information, or costs of any kind incurred by the User, when the Owner decides to exercise any of its powers described in this Section 8 or elsewhere in these Terms.
3. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
4. To the extent that the User maintains any cryptocurrency on the Application via their Account, the Owner will give the User the option to transfer such cryptocurrency to an external wallet of their choosing, after the termination of their Account, unless the Owner has reasons to believe such cryptocurrency has been obtained by illegal or fraudulent means. The Owner will have no liability for the transfer of cryptocurrency to an external wallet by the User.
5. We reserve the right at our own discretion to close your account at any time. In particular, if we reasonably believe that you have opened duplicate Accounts or misused any of your Accounts, to violate any of the Terms, we will close your Account and ban you from the Services and Application, and you agree that such actions undertaken by ourselves will be without any liability whatsoever for lost profits, costs, expenses or any consequences you face as a result of such Account closure. After closing your Account, we will take reasonable efforts to return cryptocurrency in your wallet to your possession or ownership (as described above) after deducting any costs or expenses incurred, unless required otherwise by applicable law.
Content on this Application and Intellectual Property
1. Unless where otherwise specified or clearly recognizable, all Content available on this Application is owned or provided by the Owner or its licensors.
  The Owner undertakes its utmost effort to ensure that the Content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
2. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
3. All information and Content displayed on this Application is the sole property of the Owner. This includes all ideas, information, designs, images, titles, articles, Content, patentable materials, trade names, copyrightable materials, trade secrets and any information, content or material contained on this Application (“intellectual property”), which is the sole intellectual property of the Owner, and such intellectual property may not be reused, duplicated, copied, licensed or sold to any third party without the express written consent of the Owner. Users maintain ownership of their own User Content (defined below), to the extent it does not include or infringe any of the Owner’s intellectual property described herein, and if the User Content does contain such intellectual property, the User will only retain ownership of their User Content which does not infringe or contain any intellectual property of the Owner. No Content/intellectual property sold or accessed on this Application may be copied, duplicated, resold, reverse engineered or modified for sale in any form by a User, and such Content is only to be used for the use expressly permitted by the Owner by these terms or otherwise in writing. Any acts or omissions (“acts”) which violate the terms of this clause shall render the User responsible for such acts fully liable to the Owner upon demand, and such liabilities include lost profits, legal fees, attorney fees, and any costs incurred by the Owner in remedying the consequences of and preventing the acts in violation of this clause. By accessing this Application, you agree that you shall be fully liable for any failure to comply with the requirements of this clause. Any commercial reselling, duplication or reverse engineering of any Content, intellectual property, service or physical good accessed through this Application is by default an act in violation of this clause, and the perpetrator of such an act shall be fully liable to the Owner, on demand, as described in this clause.
4. Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Rights regarding Content on this Application – All rights reserved
1. The Owner holds and reserves all intellectual property rights for any such Content.
2. Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Content.
3. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the Content available on this Application, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
4. Where explicitly stated on this Application, the User may download, copy and/or share some Content available through this Application for its sole personal and non-commercial use, or for any commercial use explicitly permitted by the Owner, and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
5. Any applicable statutory limitation or exception to copyright shall stay unaffected.
Content provided by Users
1. The Owner allows Users to upload, share or provide their own data, software, images, materials, information, graphics, text, or User created Content of any identifiable nature (“User Content”) to this Application.
2. By providing User Content to this Application, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
3. Further insights regarding acceptable User Content can be found inside the section of these Terms which detail the acceptable uses.
Rights regarding User Content; Privacy Protection
1. Users acknowledge, accept and confirm that all content they provide through this Application is provided subject to the same general conditions set forth for Content on this Application.
2. Users are solely liable for any User Content they upload, post, share, or provide through this Application.
3. Users acknowledge and accept that the Owner at their discretion, may filter or moderate such User Content in a preventative manner.
4. Therefore, the Owner reserves the right to refuse, censor, remove, delete, block or rectify such User Content at its own absolute discretion and to deny access to this Application to the uploading User without prior notice, if it considers such Content to infringe any applicable legal provision or third party right, or to otherwise represent a risk for Users, third parties, the Owner and/or the availability of the Content in general.
5. The removal, deletion, blocking or rectification of User Content shall not entitle Users that have provided such User Content or that are liable for it, to any claims for compensation, damages or reimbursement.
6. Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to User Content they provided to or provided through this Application.
7. The User agrees that any User Content uploaded to the site shall be free from viruses, malware, spyware, or any other software of a malicious nature, and that it shall be free from any illegal, obscene or inappropriate materials, which shall include child pornography, pornography, materials which contain discriminatory, racist, sexist, homophobic, xenophobic, hate speech (defined as any derogatory, defamatory or demeaning information or communications related to any individual, or groups, based on certain identifiable or personal characteristics, such as race, religion, sex, sexual orientation, country of origin, nationality, cultural practices, membership or affiliations, or otherwise defined by the Owner in their sole and absolute discretion), other prejudicial messages, images or information of any kind, or any other materials or User Content which the Owner deems inappropriate in their sole and absolute discretion (“Restricted User Content”). Restricted User Content also expressly includes any User Content which infringes or is claimed to infringe any third-party intellectual property rights, or any User Content which contains misrepresentations, fraud, exaggerations, misstatements of fact, misleading information, fake news, or false information of any kind. Restricted User Content will also include any User Content that is prohibited under any applicable law to which the User or Owner may be subject.
8. The Owner may, at their sole and absolute discretion, remove any Restricted User Content if detected on this Application, and further delete or restrict access to the User’s account if they have been found to have uploaded any Restricted User Content, without any liabilities for loss of data, or damages of any kind, whatsoever. The Owner may also ban, restrict or otherwise prevent a User from accessing the Application or Content if they have been found to have uploaded any Restricted User Content, at the sole reasonable discretion of the Owner.
9. Privacy. Except to the extent described in this clause 12, the User Data uploaded via the Application, through general text messaging features, video calling, sound recordings, image sharing, document sharing, or otherwise, will be fully private, protected and encrypted. The User Data shall remain the exclusive property of a User and any of its assigns (to the extent that it does not infringe any intellectual property rights of third parties), and the Owner will generally not be actively monitoring communications between Users on the Application, except to the extent of specific complaints received which relate to Restricted User Content, or uses/uploads of User Content which violate these Terms. You agree that the Owner is not liable or responsible for monitoring or reviewing any private User Content uploaded to this Application. However, the Owner reserves the right at any time to verify your identity for the purposes of complying with Anti-Money Laundering laws or any other applicable law if you engage in cryptocurrency transactions via the Content and Application.
Access to external resources
1. Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for the third-party content or its availability.
2. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in third party content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
3. In particular, on this Application Users may see advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed via this Application, except to the extent that such advertisements are created by Users of the Application, making use of specific Content and advertising features available on the Application. If Users click on any such advertisement, they will be interacting with any third party responsible for that advertisement.
4. The Owner is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party Applications or using third-party content.
Acceptable use
1. This Application and the Content may only be used within the scope of what they are provided for, under these Terms and applicable law.
2. Users are solely responsible for making sure that their use of this Application and/or the Content violates no applicable law, regulations or third-party rights.
3. Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Content or to an account, or by reporting any misconduct performed through this Application or the Content to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:
  1. Violation of laws, regulations and/or these Terms;
  2. Infringement of any third-party rights;
  3. Considerably impairing the Owner’s legitimate interests;
  4. Offending, harassing or abusing the Owner or any third party.
  5. Any other relevant activity which breaches these Terms, at the sole discretion and judgment of the Owner, including but not limited to, sharing, uploading, distributing or engaging in any Restricted User Content by the User.
Software license
1. Any intellectual property rights, and any other exclusive rights on any Content or software or technical applications embedded in or related to this Application are held by the Owner and/or its licensors.
2. Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the Content and software and/or any other technical means embedded in the Service within the scope and for the purposes of this Application and the Service offered.
3. This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the Content, or any related software and any documentation thereto related is the Owner’s or its licensors’ sole property.
4. All rights and license grants to Users shall immediately terminate upon any termination or expiration of the User’s account or access to this Application.
5. The Owner may make use of third-party software or information in the provision of the Content, such as third-party cryptocurrency exchanges, media content or Applications, software applications, know-how, information, images, expertise, games, or information of any kind (“third party IP”). The User agrees that they shall only use the third-party IP to the extent permitted, and in the manner permitted by any third-party licensors of such third-party IP, and that they are fully, solely and individually responsible for learning about, complying with, and upholding any third-party IP licenses, rights and terms of use.
API usage terms
1. Users may access their data relating to this Application via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses this Application, is bound by these Terms and, in addition, by the following specific terms:
2. The User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.
Paid Services on the Application
1. Order submission
  When the User submits an order, the following applies:
  1. The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page;
  2. In case the purchased purchase option requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly;
  3. Upon submission of the order, Users will receive a receipt confirming that the order has been received; and
  4. All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
2. Prices
  Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
  
  Prices on this Application are displayed either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.
3. Usage Rights
  Until payment of the total purchase price is received by the Owner, the User will not receive a right of use or ownership, if applicable, related to any purchases.
4. Purchase of Products and Services on the Application
  The Owner may make available certain products for sale or allow other Users to sell products on the Application, using any digital marketplace developed for use on the Application (“Paid Products”). Such Paid Products may also include digital currencies (cryptocurrencies) or other digital assets, such as financial products or non-fungible tokens (NFTs). In addition, the Owner may make available services for sale on the Application or allow Users to advertise and sell services through the Application (“Paid Services”). When accessing or purchasing any Paid Products or Paid Services via the Application, the User agrees to be bound to all the terms described which are applicable as described herein.
5. Liability for Third Party Paid Products, Paid Services, or Promoted Content
  The User agrees that the Owner is not responsible for the content, form, accuracy, or delivery of any Paid Products, Paid Services or promoted content provided by third parties via the use of the Application (“Third Party User Content”), and the User agrees not to hold the Owner liable for any Third-Party User Content, under any circumstances whatsoever.
User Rights of Withdrawal in the European Union (EU)
1. Right of withdrawal
  Unless exceptions apply, the User may be eligible to withdraw from any contract with the owner, within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
2. Who the right of withdrawal applies to
  Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification. Users that do not fit this qualification, cannot benefit from the rights described in this section.
3. Exercising the right of withdrawal
  To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.
  
  To this end, Users may use the model withdrawal form available below. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
4. When does the withdrawal period expire?
  1. Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.
  2. In case of purchase of a digital content not supplied in a tangible medium, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.
5. Effects of withdrawal
  Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
  
  However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
  
  Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
6. On the purchase of services
  Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.
  
  Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.
7. Right of Withdrawal with Respect to Third Party User Content
  The User hereby acknowledges that the Owner is not responsible for facilitating the User’s right of withdrawal with respect to any Third-Party User Content, or Paid Services/Paid Products purchased from any third parties via the Application. Any Third Parties providing Paid Products or Paid Services to the User will be directly responsible for honoring the legal rights of Users who make use of such Paid Products or Paid Services, and any User who offers Third Party User Content agrees to be fully liable for honoring all rights of respective Users who purchase their Paid Products or Paid Services via the Application.
Disclaimers of Liability
1. General Disclaimers
  1. The Owner makes no warranty of fitness for a particular purpose with respect to any Content sold or accessed on this site. The User of any Content (including Paid Products, Promoted Content, Paid Services) listed on this site agrees that such Content is purchased or accessed “as is,” which means that they accept them as listed or described in the site, and will not hold the Owner accountable for anything beyond what is specifically listed in terms of the Content specifically or explicitly described on this Application. The Owner bears no liability for any costs, injuries to person or property, or damages of any kind, arising from the use or misuse of the Content accessed or purchased on this Application. All such Content is purchased or accessed at the sole risk and discretion of the User, and in accessing the Content, the User acknowledges that such Content is accessed or purchased as is, while waiving all claims against the Owner for any damages arising out of the use or application of any Content provided via this Application. Once Content is purchased or accessed from this Application, there are no refunds permitted, unless the Owner, in their sole and absolute discretion, deems that a refund is warranted to the User, or unless a refund is required under applicable law. If the User relies on any information provided to them via the Content, the User hereby agrees that they are solely responsible for relying on, verifying, and utilizing the same, and the Owner does not warrant that the information provided through the Content on the Application is accurate, free from errors, or reliable in any form whatsoever.
  2. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OWNER DOES NOT WARRANT THAT THE CONTENT, INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS APPLICATION, THE OWNER’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE OWNER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR SHALL REMAIN UNINTERRUPTED OR ACCESSIBLE AT ALL TIMES. ACCESS TO THE CONTENT MAY BE DISCONTINUED AT ANY TIME, AT THE SOLE AND ABSOLUTE DISCRETION OF THE OWNER, EXCEPT TO THE EXTENT OF ANY CONTRACTUAL OBLIGATIONS BINDING THE OWNER WHICH ARISE EXCLUSIVELY FROM THE PAYMENT BY THE USER FOR ANY CONTENT. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OWNER CONTENT, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS APPLICATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
  3. Third Party User Content
    The User hereby acknowledges that the Owner is not responsible for facilitating the User’s access to or rights arising from the purchase of any Third-Party User Content, or Paid Services/Paid Products purchased from any third parties via the Application. Any Third Parties providing Paid Products or Paid Services to the User will be directly responsible for honoring the legal rights of Users who make use of such Paid Products or Paid Services, and any User who offers Third Party User Content agrees to be fully liable for honoring all rights of respective Users who purchase their Paid Products or Paid Services via the Application. The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked Application or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
  4. Service Availability. The Owner makes no warranty that the Services or Content will be available at all times, or be free from interruptions or downtime. The User retains the right to discontinue access to the Content and Services at ANY TIME, without liability to the User in any form, except for the responsibility to transfer any cryptocurrency held in an Account to the external wallet of the User, pursuant to the specific direction of the User. The Content may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Content, operation, or use of this Content. The Owner may remove parts of, modify, delete or change any aspect of the Content, or the entire Content, at their sole and absolute discretion, without any liability whatsoever to the Users of the Content and Application, including for loss of, or deletion of data, except to the extent of any cryptocurrency assets held by the User via their Account.
  5. Content Downloads and Hardware Used.Any Content downloaded or otherwise obtained through the use of the service is downloaded at User’s own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the services or Content. 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. The Owner 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.
  6. Cryptocurrency Transactions.The Owner 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 the Owner is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. All transactions are executed automatically, based on the parameters of your order instructions and in accordance with posted transaction 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. The Owner does not recommend that any cryptocurrency should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any digital currency/cryptocurrency, you should conduct your own due diligence and consult your financial advisors before making any investment decision. The Owner will not be held responsible for the decisions you make to buy, sell, or hold digital currency based on the information provided by the Owner or any third parties via the Content.
  7. Taxation.It is your sole responsibility to determine what, if any, taxes apply to the Services accessed, and it is your responsibility to report and remit the correct tax to the appropriate tax authority (except to the extent the Owner is required to remit value added tax in the UAE or elsewhere, by law). You agree that we are not responsible for determining whether taxes apply to your use of the Application, Content, or Services, or for collecting, reporting, withholding or remitting any taxes arising from any use of Services/Content/Application. You agree not to hold the Owner, its affiliates, shareholders, director, or advisors liable for any tax liability associated with or arising from any transactions you engage in via the Application and Content.
  8. Security and Private Keys.You are responsible for implementing all reasonable and appropriate measures for securing the wallet, vault or other storage mechanism you use to send cryptocurrency and to receive and store any cryptographic tokens that are issued to you through the Application, including any private key(s) or other credentials necessary to access such storage devices. The Owner shall not be held responsible for any security measures relating to your receipt, possession, storage, transfer or potential future use of cryptographic tokens nor shall we be under any obligation to recover or return any 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) tokens issued to you from the Application to your external wallet. If you choose to store your cryptocurrency via the Application, you acknowledge that the Owner, and not the User, will own all private keys and security details associated with the cryptocurrency held on your Account, and will hold this cryptocurrency for you in trust, until you transfer it to an external wallet.
Limitations of liability
1. To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:
  1. Any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Application or Content;
  2. Any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Content or User accounts or the information contained therein;
  3. Any errors, mistakes, or inaccuracies of Content;
  4. Personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Content;
  5. Any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
  6. Any interruption or cessation of transmission to or from the Content;
  7. Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Content;
  8. Any errors or omissions in any Content or for any loss or damage incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through the Application/Content; and/or
  9. The defamatory, offensive, or illegal conduct of any User or third party.
2. This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
3. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees/attorney fees and expenses, arising from:
1. User’s use of and access to the Content, including any data or information transmitted or received by User;
2. User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms.
3. User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
4. User’s violation of any statutory law, rule, or regulation;
5. Any User Content or other Content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
6. User’s willful misconduct;
7. Any Promoted Content, Paid Services, or Paid Products made available by the User to their customers via the Application; or
8. Statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
1. To ensure the best possible service level, the Owner reserves the right to interrupt access to the Content for maintenance, system updates or any other changes, informing the Users appropriately.
2. Within the limits of law, the Owner may also decide to suspend or terminate the Content access altogether. If the Content access is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law, if this is required.
3. Additionally, the Content might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g., labor actions, infrastructural breakdowns or blackouts, etc.).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Content without the Owner’s express prior written permission, granted directly in writing.
Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the future. The continued use of the Content will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using or accessing the Content. Failure to accept the revised Terms, may entitle the Owner to terminate the access to the accounts or the Content for the User. The applicable previous version of the Terms will govern the relationship prior to the User’s acceptance. The User can obtain any previous version of the Terms from the Owner. If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Severability for E.U.-based Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law. Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the application of the entire Terms.
Severability for U.S.-based Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Governing law
These Terms are governed by the laws of the United Arab Emirates, without regard to conflict of laws principles.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of Dubai International Financial Center (“DIFC”). The User accepts and acknowledges that all disputes arising out of the use or access to the Application or its Content or involving the Owner in any way related to this Application, shall be resolved in the competent courts described herein.
Dispute resolution (Amicable dispute resolution)
1. Users may bring any disputes to the Owner who will try to resolve them amicably.
2. While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or its Content, Products or accounts, Users are kindly asked to contact the Owner at the contact details provided in this document.
3. The User may submit the complaint including a brief description and if applicable to the Owner’s email address specified in this document.
4. The Owner will process the complaint without undue delay and within 21 days of receiving it.
Owner’s Contact Information
The Owner may be contacted at the following email address:

info@dexacoin.net
Data Protection
1. The full scope of the Privacy Policy for this Application governs the Data Protection of the User accessing this Application. In case of any conflict between the Privacy Policy and these terms, the Privacy Policy shall govern any matter related to the Users Privacy rights and Data. However, for all other matters, it is these Terms which shall govern all relations between the User and the Owner.
2. Any personal or sensitive data shared on this Application shall remain the property of the User and shall be subject to full confidentiality and data protection obligations on the part of the Owner. However, the User of this Application specifically allows the Owner, by the act of creating an account, accessing specific Content or purchasing any Paid Products or Paid Services, to use any such personal or sensitive data, and transmit such data to third parties with reasonable and adequate data protection, confidentiality and data security capabilities and obligations, and to other regions with similar or less data protection regulations in place, such as the United States of America, or elsewhere, if required for the sole purpose of providing Content, products/services or access to this Application, for the User specifically. If the User, submitting any information to the Owner via this Application, does not wish to have their data sent to third parties, or other regions outside their home jurisdiction, then they must communicate this in writing to the Owner, who will then determine whether they can continue providing the Account, Content or products/services to such a User without remitting or using their data as described. If the Owner, in their sole discretion, discontinues an account, any products/Services or access to Content, for a User making such a declaration, then any fees paid or currency of value transferred to the Owner shall be rendered forfeited to the Owner, and shall be non-refundable, except to the extent of any Cryptocurrency held on the User’s Account.
3. All User Content and personal data shared by the Users on the Application shall be encrypted and kept private, and this is a specific and exclusive feature of the Content and Services. The privacy of User Content and data shared on this Application is only compromised if the User engages in illegal activity by use of such Content and data, if the User breaches these Terms by the use of such Content or Data, or if the Owner is required to access such User Content or information due to some legal obligation or reasonable emergency.
Conditions to “DEXA” token purchase.
1. When you purchase “DEXA” tokens via the Application or any external exchange, 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 “DEXA” tokens:
  1. The “DEXA” Token is NOT an investment or security token, however “DEXA” is a UTILITY TOKEN. Neither the Owner nor any of the Owner’s Team has provided you with any advice regarding whether DEXA is a suitable investment for you. The purchase of “DEXA” tokens do not represent any kind of stake, share, security ,ownership or any right to shares . The ownership of “DEXA” tokens does not carry any rights other than to use them as a means to obtain discounts & services on the Dexa Messenger App when they are available;
  2. DEXA will be bought for the sole purpose of accessing features, products and Services when they are available on the Application.
  3. 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;
  4. You are legally permitted to receive, hold and make use of DEXA in your and any other relevant jurisdiction;
  5. You will supply the Owner with all information, documentation or copy documentation that we require in order to allow us to accept your purchase of DEXA and allocate DEXA to you;
  6. 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;
  7. 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 “DEXA” tokens;
  8. 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;
  9. You take sole responsibility for any restrictions and risks associated with receiving and holding DEXA , by acquiring “DEXA” Token, you are not making a regulated investment, as this term may be interpreted by the regulator in your jurisdiction;
  10. You understand that “DEXA” tokens are non-refundable;
  11. You are not obtaining or using “DEXA” tokens for any illegal purpose, and will not use “DEXA” tokens for any illegal purpose;
  12. 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 “DEXA” tokens;
  13. Your acquisition of “DEXA” 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;
  14. To the extent permitted by law and provided we act in good faith, the Owner makes no warranty whatsoever, either expressed or implied, regarding the future success of DEXA and/or any other cryptocurrency network accessible through the Application;
  15. You accept that DEXA tokens are created and you obtain DEXA tokens on an “as is” and “under development” basis. Therefore, provided the Owner acts in good faith, you accept that the Owner is providing DEXA tokens without being able to provide any warranties in relation to DEXA tokens, including, but not limited to, title, merchantability or fitness for a particular purpose;
  16. You accept that you bear sole responsibility for determining (i) the acquisition, allocation, use or ownership of DEXA tokens (ii) the potential appreciation or depreciation in the value of DEXA tokens over time, if any, (iii) the sale and purchase of DEXA tokens; and/or (iv) any other action or transaction related to DEXA tokens having tax implications. there may be changes to the intended functionality of DEXA tokens, or any related products in order to ensure compliance with any present or future legal or regulatory requirements to which the Owner, the Application, or DEXA is or may in the future become subject to. In the event of any changes to the intended functionality of DEXA, the details of the changes shall be published on the Application. It is the purchaser’s responsibility to regularly check the website for any such notices;
  17. You have not supplied us with information relating to your acquisition of DEXA tokens or otherwise which is inaccurate or misleading.
Force Majeure
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.
Compliance with Anti-Money Laundering and Terrorist Financing Legislation
In compliance with Federal Decree-law No. (20) of 2018 of the United Arab Emirates, ON ANTI-MONEY LAUNDERING AND COMBATING THE FINANCING OF TERRORISM AND FINANCING OF ILLEGAL ORGANISATIONS, as well as any other applicable laws (collectively “ML/TF Laws”), the Owner through Services, Content and Application is required to collect your personal data, including your identification, and some employment information, before you can be allowed to open an Account for any financial transactions or cryptocurrency transactions. This data will not be shared with any third parties, except for the purposes of verifying your information, and ensuring that you are not subject to any current government sanctions, regulatory actions or watchlists. We may also disclose your data to government agencies, if required by any applicable legislation. The Owner is also required to monitor any transactions you undertake by means of the Services, Content and Application under anti-money laundering and terrorist financing best practices. Your transactions are also considered your personal data, and the same shall not be disclosed to any third parties, except as described in this paragraph. By signing up for an Account with us, you hereby agree to comply with all the requirements described in this paragraph, by providing updated and accurate information to the Owner as requested and required, and by giving your full consent to the capture, retention, storage and monitoring of your data as described in this paragraph.
Example withdrawal form
Addressed to:
DEXA COIN (DEXA COIN FZ LLC)
info@dexacoin.net

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:
_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)
• Ordered on: _____________________________________________ (insert the date)
• Received on: _____________________________________________ (insert the date)
• Name of consumer(s): _____________________________________________
• Address of consumer(s): _____________________________________________
• Date: _____________________________________________
(sign if this form is notified on paper)

These Terms and Conditions were last Updated on (02 NOV, 2021)

Terms and Conditions for https://dexacoin.net / https://dexacoin.com

Terms and Conditions for
https://dexacoin.net / https://dexacoin.com