TERMS OF SERVICE
Last updated: 01 Feb, 2019
This is a contract between you (the “User”) and DQR-OTC Limited (“DQR-OTC”), a limited liability company incorporated under the Laws of Malta with company number C84839, and whose registered address is 171 Old Bakery Street, Valletta, MALTA.
The following terms and conditions of service (“Terms of Service” or “Terms”) apply when accessing or using any services made available by DQR-OTC through our site www.test-sdr.com . By signing up to use an account or using our site, you agree that you have read, understood, and accept to be bound by the Terms of Service contained in this agreement, including any additional terms, conditions and policies referenced herein (together “Agreement”).
N.B. Withdrawals of the SDR token will not be possible until further notice. The User will be notified when this function is available.
- DQR-OTC Services
- Representations and Warranties
- DQR-OTC Accounts and Access
- Payment Services
- Cryptocurrency Wallet Services
- Cryptocurrency Services
- Cryptocurrency Exchange Services
- Transaction Limits and Enhanced Due Diligence
- Suspension, Termination, and Cancellation
- Limitation of Liability
- Risk Disclosure
- Customer Feedback, Queries, Complaints, and Dispute Resolution
- Data Protection
- Intellectual Property
- General Terms and Conditions
1. DQR-OTC SERVICES
To be eligible to use the DQR-OTC Services, you must be at least 18 years old and have the capacity to contract under applicable law. You also warrant that you are dealing on own account.
1.2. Corporate Users
If the User is registering to use the Services on behalf of a legal entity, the User representative represents and warrants that:
(a) such legal entity is duly organised and validly existing under the applicable laws of the jurisdiction of its incorporation; and
(b) the representative of the User is duly authorised by the User to act on its behalf.
DQR-OTC may not make the Services available in all markets and jurisdictions, and may restrict or prohibit use of the Services from certain jurisdictions from time to time (the “Restricted Locations”).
The User further represents and warrants that he or she: (a) has not previously been suspended or removed from using the Services; (b) has full power and authority to enter into this agreement and in doing so will not violate any other agreement to which the User is a party; (c) is not located in, under the control of, or a national or resident of: (i) any Restricted Locations; or (ii) any country to which Malta, the European Union, the United Nations or the United States has embargoed goods or services or otherwise subject to any form of sanction or embargo; (d) is not subject to any freezing order or other interdiction or restriction of any kind under applicable law entering into transactions or owning and disposing of assets; and (e) will not use the Services if any applicable laws in the User’s country prohibit the User from doing so in accordance with these Terms.
1.5. Cryptocurrency Services
The following services (“Cryptocurrency Services”) are provided to you by DQR-OTC:
- A Cryptocurrency OTC service that enables you to trade SDR tokens (“Cryptocurrency Exchange”);
- One or more Cryptocurrency wallets that enable you to store, track, transfer, and manage your balances of certain supported Cryptocurrencies, such as Bitcoin or Ethereum (“Cryptocurrency Wallet”);
- A Cryptocurrency conversion service that enables you to buy and sell Cryptocurrencies in transactions with DQR-X (“Conversion Services”).
The User accepts to be bound by and pay the fees and charges as may be from time to time determined by DQR-OTC for the provision of its Services. A full list of DQR-OTC’s fees can be found on our Pricing and Fees page.
2. REPRESENTATIONS AND WARRANTIES
The User represents and warrants to DQR-OTC that:
- the User is not under any legal disability with respect to, and is not subject to, any law or regulation which prevents performance according to these Terms or any transaction contemplated in them, and that as a result the User has authority to enter into and accept these Terms;
- any information which the User has provided or may provide to DQR-OTC is complete, up-to-date and correct in all respects;
- in the event that any of the information supplied by the User ceases to remain complete, up-to-date and correct in any respect, the User shall provide DQR-OTC with such revised and updated information without delay;
- the User is in compliance with all laws to which he or she is subject, including, without limitation, all tax laws and regulations, exchange control requirements, and registration requirements;
- the User is, and shall remain at all times, the beneficial owner (or if the User is a trustee or corporate User, the legal owner) of any Cryptocurrency subject to these Terms and will indemnify DQR-OTC against all claims or demands made by any person in relation thereto; and
- the Cryptocurrency that the User deposits with DQR-OTC is not the proceeds of any criminal, unlawful, illegal, money laundering or terrorist financing activity.
- He or she has carefully read the risk warnings in Section 11 of these Terms.
The User undertakes and agrees not to:
- use, encourage, promote, facilitate or instruct others to use DQR-OTC services for any illegal, fraudulent, infringing or offensive activity, product, service, or transaction, or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent, infringing, offensive, or contains harmful or defamatory content;
- provide false, inaccurate, incomplete or misleading information to DQR-OTC;
- take or attempt to take any action or claim ownership of any property that infringes or would infringe upon: (a) DQR-OTC’s intellectual property interests in and to Services as set forth in Section 14, or (b) any third party’s copyright, patent, trademark, or other intellectual property rights;
- distribute unsolicited or unauthorised advertising, promotional or marketing material or any junk mail, spam, or chain letters;
- reverse engineer or disassemble any aspect of the Services for any purpose, including but not limited to, in an effort to access any source code, object code, underlying ideas and concepts, and algorithms;
- use our Services or engage in trading patterns that are or appear to be an abuse of these Terms or any of our policies. This includes those actions that place an unreasonable or large burden or load on DQR-OTC’s infrastructure or frequently trading small amounts from cryptocurrency into central bank issued currency or vice versa;
- transmit or upload any material to the Services that contains viruses, Trojan horses, worms, illegal material, or any other harmful or deleterious programs; and/or
- attempt to gain unauthorised access to the DQR-OTC systems or networks connected to the Services, including through password mining or any other means.
3. DQR-OTC ACCOUNTS AND ACCESS
3.1. Registration of DQR-OTC account
3.2. Identity verification
DQR-OTC is committed to providing you with safe, compliant, and reputable Services. Accordingly, DQR-OTC aims to have a robust customer due diligence process and ongoing monitoring and reporting of suspicious transactions. You agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to retain a record of such information, even when you terminate your relationship with DQR-OTC or abandon your application to open an account with DQR-OTC. You will need to complete certain verification procedures before you are permitted to use the DQR-X Services and your access to one or more DQR-OTC Services, including certain transfers of Cryptocurrency, and the limits that apply to your use of the DQR-OTC Services may be altered because of information collected on an ongoing basis.
3.3. Identity verification procedure
The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, email address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (such as the name of the bank, the account type, account number, and routing number). By providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorise us to make the inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect both you and us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies for the purpose of conducting an identity check. Additionally, we may require you to wait an amount of time after completion of a transaction, before permitting you to use further DQR-OTC Services and/or before permitting you to engage in transactions beyond certain volume limits. This includes authorising your mobile operator to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to DQR-OTC with your wireless operator account profile information for the duration of the business relationship.
4. PAYMENT SERVICES
4.1. Account funding
In order to fund your account you may use one of the payment methods available on the DQR-OTC Site, such as a bank transfer. To engage in any of our Services you must first deposit central bank issued currency or Cryptocurrency into your account.
4.2. Account balance
There may be limits on the amounts that you are able to withdraw, deposit or trade on a daily, weekly, monthly or other periodic basis.
4.3. Account information
You will be able to see your cryptocurrency wallet balance and your transaction history, including your trades, withdrawals and deposits using the DQR-OTC Site.
4.4. Central bank currency accounts
Where you transfer legal tender to DQR-OTC, you may be required to verify that you control the Bank account from where the payment was originated.
4.5. Electronic payments
Electronic payments are provided to you by Trust Pay a.s. Trust Pay is an electronic money institution authorised and regulated by Narodna Banka Slovenska (“NBS”) with reference number 36865800.
DQR-OTC is not responsible for any fees charged by the bankers of the User or by TrustPay in respect of the transfer of legal tender to DQR-OTC. Any transfers in a currency other than Euro may be charged a discretionary Foreign Currency transfer fee and be subject to conversion into Euro at a rate set by TrustPay. In this regard, we direct you to https://www.trustpay.eu/documents/general/ for further information about fees.
5. CRYPTOCURRENCY WALLET SERVICES
The Services associated with your DQR-OTC Account includes a wallet service (“Wallet Services”).
5.2. Cryptocurrency storage and transmission delays
We securely store Cryptocurrency private keys, which are the means by which you can securely approve a Cryptocurrency transaction. Cryptocurrency held by DQR-OTC on behalf of its Users may be pooled with those of other Users. By accepting these Terms, you expressly agree to the pooling of your Cryptocurrency with the Cryptocurrency of other Users.
We securely store private keys in our control in a combination of online and offline storage. As a result, it may be necessary for us to retrieve certain information from offline storage in order to facilitate a Cryptocurrency transaction in accordance with your instructions. You acknowledge that this may delay the initiation or crediting of such Cryptocurrency transaction.
You shall not act as nominee or trustee for any other person nor transfer, assign, pledge, charge or otherwise create any security interest whatsoever over such instruments without the prior written consent of DQR-OTC.
6. CRYPTOCURRENCY SERVICES
6.1. Cryptocurrency transfers
We will process Cryptocurrency transfers in accordance with the instructions we receive from you. You must verify all transfer information prior to submitting instructions to us. Cryptocurrency transfers cannot be reversed once they have been broadcast to the relevant Cryptocurrency network (i.e. Blockchain). Although we will attempt to deliver Cryptocurrency to you as promptly as possible, funds may be debited from your selected payment method before the status of your Cryptocurrency transaction is shown as complete and is delivered to your Cryptocurrency Wallet.
You will be responsible for paying all fees charged by any third party service providers or miner fees, as well as for paying any fees charged by DQR-OTC for any transfers. A full list of DQR-OTC’s fees can be found on our Pricing and Fees page.
When you deposit or withdraw Cryptocurrency, you cannot revoke your consent to that transfer. You are also responsible for ensuring that there are no inaccuracies in any of the transfer instructions you provide when using the Services.
We may refuse to process or cancel any pending Cryptocurrency transfer as required by law or any court order or other authority in any jurisdiction to which DQR-OTC is subject.
6.5. Supported Cryptocurrencies
Our Cryptocurrency Services are available only in connection with those Cryptocurrencies that DQR-OTC supports, and this may change from time to time. Under no circumstances should you attempt to use your Cryptocurrency Wallet to store, send, request, or receive Cryptocurrencies in any form that we do not support. In such a case, we will use reasonable efforts to help you move or sell Cryptocurrency that we no longer support. We assume no responsibility or liability in connection with any attempt to use your Cryptocurrency Wallet for Cryptocurrencies that we do not support.
6.6. Third party payments
We have no control over, and accept no liability for, the delivery, quality, safety, legality or any other aspect of any third party recipients. If you experience a problem with a third party using Cryptocurrency transferred using the DQR-OTC Cryptocurrency Services, or if you have a dispute with such third party, you should resolve the dispute directly with that third party. We do not guarantee the identity of any User, receiver, requestee or other party.
6.7. Operation of Cryptocurrency protocols
We do not own or control the underlying software protocols which govern the operation of Cryptocurrencies supported on our platform. The underlying protocols are generally open source and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee their functionality, security, or availability.
You acknowledge and accept the risk that underlying software protocols relating to any Cryptocurrency you store in your Cryptocurrency Wallet may change. In particular, the underlying protocols are likely to be subject to sudden changes in operating rules (“forks”), and such forks may materially affect the value, function, and/or the name of the Cryptocurrency you store in your Cryptocurrency Wallet. It is your responsibility to make yourself aware of, and consider how to deal with, upcoming forks. In the event of a fork, there is a risk that we may need to temporarily suspend operations in relation to that fork without providing advance notice to you. We may, in our reasonable discretion, decline to support either or both branches of a fork. You acknowledge the risks presented by forks and you accept that we have no responsibility to assist you to move or sell an unsupported branch of a forked protocol.
7. CRYPTOCURRENCY EXCHANGE SERVICES
The Cryptocurrency Exchange Service enables you to buy and sell Cryptocurrency using central bank issued currency (EUR) or Cryptocurrency. Users using the Exchange Service are only permitted to trade one type of Cryptocurrency for another type of Cryptocurrency.
A trade is an exchange of Cryptocurrency or central bank issued currency between you and another User of the Services whereby you dispose of a Cryptocurrency or central bank issued currency and acquire another Cryptocurrency or central bank issued currency (“Trade”).
An Order is created when you enter an instruction to execute a Trade using the DQR-X Services. When you enter an order, you authorise DQR-OTC to fully or partially execute a spot Trade depending on the order book (“Order”). You agree to pay DQR-OTC any applicable fees for Trades and authorise DQR-OTC to deduct any such fees from your account.
7.4. Transaction fulfilment
Depending on the order type, we will try to execute the transaction at the best price in the market. We will also use best efforts to fulfil all purchases of Cryptocurrency, but in some circumstances we may be unable to. We may refuse to complete a transaction you have authorised where there are insufficient funds.
7.5. Transaction fees
Each purchase or sale of Cryptocurrency using central bank issued currency is subject to a fee (“Transaction Fee”). The applicable Transaction Fee will be made available to you via a receipt that we issue to you through the DQR-OTC Site. We may adjust our conversion fees at any time. We will not process a transaction if the conversion fee and any other associated fees would, together, exceed the value of your transaction. A full list of DQR-OTC ‘s fees can be found on our Pricing and Fees page.
7.6. Buying and selling price
Each purchase or sale of Cryptocurrency using central bank issued currency is also subject to the DQR-OTC “Buying and Selling Rate” for the given transaction. The “Exchange Rate” means the price of a given supported Cryptocurrency or central bank issued currency as quoted on the DQR-OTC Site. The Exchange Rate is stated either as a “Buy Price” or as a “Sell Price”, which is the price at which you may buy or sell Cryptocurrency, respectively. You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time, and that we may add a margin or “spread” to the quoted Exchange Rate. You agree to accept the Exchange Rate when you authorise a transaction. We do not guarantee the availability of any Exchange Rate. We do not guarantee that you will be able to buy and/or sell your Cryptocurrency on the open market at any particular price or time. You can learn more about DQR-OTC’s Exchange Rates on our Pricing and Fees page.
7.7. Authorisations and cancellations
By clicking the “Buy” or “Sell” button on the DQR-OTC Site, you are authorising DQR-OTC to initiate the transaction at the quoted Buy or Sell Price and agree to any associated transaction fees. You cannot cancel, reverse, or change any transaction marked as executed. If any order has been partially matched, you may cancel the unmatched portion of the transaction unless and until the unmatched portion has been matched.
8. TRANSACTION LIMITS AND ENHANCED DUE DILIGENCE
8.1. Transactions limits
The use of all DQR-OTC Services may be subject to a limit on the amount of volume you may transact or transfer in a given period (e.g. daily), which is stated in EUR. To view your limits, login to your DQR-OTC Account and visit www.test-sdr.com. Your transaction limits may vary depending on your payment method, the verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary.
8.2. Enhanced due diligence
We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with DQR-OTC staff (“Enhanced Due Diligence”). We reserve the right to charge you costs and fees associated with such Enhanced Due Diligence subject to notifying you in advance of our intention to do so. At our discretion, we may refuse to raise your limits, we may suspend or terminate your DQR-OTC Services Account, or we may lower your limits at a subsequent time, even if you have completed Enhanced Due Diligence.
9. SUSPENSION, TERMINATION, AND CANCELLATION
We reserve the right to refuse Services.
(i) refuse to complete or block, cancel or reverse a transaction you have authorised;
(ii) suspend, restrict, block, or terminate your access to any or all of the DQR-OTC Services;
(iii) withhold Cryptocurrency or refuse to permit you transfer Cryptocurrency;
(iv) notify the local authorities; and/or
(v) suspend, deactivate or cancel your DQR-OTC Account with immediate effect for any reason, including but not limited to where:
- We are, in our reasonable opinion, required to do so by applicable law or pursuant to any court order or other authority in any jurisdiction we may be subject to;
- We reasonably suspect that you are acting in breach of this Agreement and/or the policies referenced herein;
- We have concerns that a transaction affects the security of your DQR-OTC Account;
- We suspect DQR-OTC Services are being used in a fraudulent or unauthorised manner or with fraudulent intent or for fraudulent purposes;
- Our systems flag that you may be or have engaged in illegal or fraudulent activities such as money laundering, terrorist financing, fraud, or other financial crimes;
- Use of your DQR-OTC Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your DQR-OTC Account activity; and/or
- You take any action that may circumvent our risk management, privacy and security controls.
If we refuse to complete a transaction and/or suspend your DQR-OTC Account, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction. We may also withhold any money in your DQR-OTC Account and set off any money or damages due to us against the money in your DQR-OTC Account.
We may suspend, restrict, or terminate your access to any or all of the DQR-OTC Services and/or deactivate or cancel your DQR-OTC Account by giving written notice. Please note that are instances where applicable law may require us to do this without reason and without notice. You further acknowledge that our decision to take certain actions, including immediately notifying the authorities and limiting access to, suspending, or closing your DQR-OTC Account, may be based on confidential criteria that are essential to our risk management and security protocols.
If we suspend or close your account, or terminate your use of DQR-OTC Services for any reason, we reserve the right to require you to complete the procedures outlined in Sections 3.2. – 3.3. (Identity Verification) before permitting you to transfer Cryptocurrency. Unless prohibited by applicable law or by any court or other order to which DQR-OTC is subject in any jurisdiction, we may charge an administrative fee to transfer (deposit and/or withdraw) Cryptocurrency or central bank issued currency after thirty (30) days.
You may cancel your DQR-OTC Account at any time by giving written notice, transferring all balances and visiting www.test-sdr.com. You will not be charged for cancelling your DQR-OTC Account, although you will be required to pay any outstanding amounts owed to us. You authorise us to cancel or suspend any pending transactions at the time of cancellation.
10. LIMITATION OF LIABILITY
You enter the Site and participate in the DQR-OTC Services at your own risk.
INDEMNIFICATION. YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR AFFILIATES, OUR PARENT COMPANIES, AND SUBSIDIARIES, AND EACH OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND PERMITTED ASSIGNEES AGAINST ANY AND ALL ANY LOSSES, DAMAGES, COSTS, LIABILITIES AND EXPENSES THAT HAVE BEEN REASONABLY INCURRED IN CONNECTION WITH ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATED TO YOUR BREACH AND OUR ENFORCEMENT OF THIS AGREEMENT. THIS SHALL ALSO APPLY TO YOUR VIOLATION OF ANY APPLICABLE LAW, REGULATION, OR RIGHTS OF ANY THIRD PARTY DURING YOUR USE OF THE DQR-OTC SERVICE.
10.3. Limitation Of Liability
DQR-OTC and its affiliates shall not be liable for damages of whatever kind or nature, including indirect, moral consequential, special or exemplary damages, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including, without limitation, damages to the User’s hardware, device, device’s software or data; losses or damages arising out of or relating to any inaccuracy, defect or omission of Cryptocurrency price data; system errors; deletion or loss of files; errors or delays in transmission of instructions, data or other information; any interruption in any such data; any failure of either DQR-OTC’s server or the internet; inaccessibility and/or failure to access the site or online trading platform; or any damages sustained to your computer equipment, damages for loss of income or earnings that the User may suffer arising out of or relating to the use, inability to use or non-use of the Services (any “Loss”) suffered or incurred by the User or any event beyond DQR-OTC’s reasonable control.
10.4. Liability cap
Except as otherwise provided for in this Agreement, neither we, nor our parent companies, subsidiaries, affiliates, nor any of our or their respective officers, directors, agents, employees or representatives, will be liable for any amount greater than the combined value of the Cryptocurrency on deposit in your Cryptocurrency Wallet at any given time. Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the amount of the transaction in dispute.
Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, or for death or personal injury resulting from our negligence.
10.6. No warranties
The DQR-OTC services are provided on an “as is” and “as available” basis without any representation or warranty, whether express or implied, to the maximum extent permitted by applicable law. DQR-OTC makes no guarantees with respect to the availability or uptime of the application programming interface (“API”) tools. DQR-OTC may, from time to time, need to interrupt the online trading platform service in order to carry out maintenance and updates or to protect the interest of the Users of the online trading platform. DQR-OTC shall not be liable for any Loss that may be suffered by the User as a result of such interruption. DQR-OTC may stop providing any of the API Tools at any time, with or without notice to the User. DQR-OTC may change the method of access to the API tools at any time. We do not make any representations or warranties that access to the DQR-OTC Site, any of the DQR-OTC Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. We make no representations or warranties about the accuracy or completeness of historical Cryptocurrency price data available on the DQR-OTC Site.
10.7. No advice
Nothing on this website or relating to our Services constitutes, or is meant to constitute, advice of any kind.
10.8. Safety and security of your computer and devices
DQR-OTC is not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that messaging and email services are vulnerable to spoofing and phishing attacks and you should use care in reviewing messages purporting to originate from us. DQR-OTC customer support will never ask to screen share or otherwise seek to access your computer or account, nor will we ask for any two factor authentication codes. Always log into your DQR-OTC Account through the DQR-OTC Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
10.9. Force majeure
We shall not be liable for any loss or delay or failure in performance of any part of this Agreement or our Services for any cause beyond our reasonable control including, without limitation, acts of God, acts or omissions of civil or military authority, government restrictions or regulations, embargoes, epidemics, wars, terrorist acts, riots, insurrections, strikes, industrial or labour disputes of any kind, fires, explosions, earthquakes, floods, accidents, compliance with any statutory, regulatory or legal obligation, act of sabotage, major environmental disturbances, unusually severe weather conditions, exchange or market disruption, suspension of trading, periods of abnormal or unusual market activity, unanticipated dealing volumes, inability to communicate with market makers, telecommunication failure, energy failure, internet outages, cyber-attacks, viruses or hacking, or any other cause outside our reasonable control.
For the avoidance of doubt, this limitation of liability section shall survive the termination of this Agreement and shall apply, with full force and effect, in perpetuity for the benefit of the parties, and any other entity that is or becomes the owner of the Services, whether such ownership occurs through a sale, merger, other transaction or by the operation of applicable law.
11. RISK DISCLOSURE
YOU SHOULD BE AWARE THAT THE RISK OF LOSS IN TRADING OR HOLDING CRYPTOCURRENCIES CAN BE SUBSTANTIAL. THE SERVICES RELATE TO CRYPTOCURRENCIES WHOSE PRICE VOLATILITY IS OUTSIDE DQR-OTC’S CONTROL. ANY PROFIT OR LOSS ARISING AS A RESULT OF A FLUCTUATION IN THE VALUE OF THE RESPECTIVE CRYPTOCURRENCIES WILL BE ENTIRELY FOR YOUR ACCOUNT AND RISK. AS A RESULT, DQR-OTC SHALL NOT BE RESPONSIBLE FOR ANY LOSSES INCURRED BY YOU AS A CONSEQUENCE OF YOUR OWN TRADING DECISIONS IN RESPECT OF CRYPTOCURRENCIES.
YOU ACKNOWLEDGE THAT PAST PERFORMANCE IS NOT NECESSARILY A GUIDE TO FUTURE PERFORMANCE.
12. CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION
12.1. Contacting DQR-OTC
If you have any feedback, questions, or complaints, contact us via our webpage under the “Contact” section.
Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.
Please note that DQR-OTC will only communicate to its Users through emails sent from email-[email protected] via SendGrid. If you receive what you believe to be a phishing email purporting to be from us, please report it immediately to email-[email protected]
13. DATA PROTECTION
14. INTELLECTUAL PROPERTY
Unless otherwise indicated by DQR-OTC, all copyright and other intellectual property rights in all content and other materials contained on their website or provided in connection with the Services, including, without limitation, trademarks, logos and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Our Materials”) are the proprietary property of DQR-OTC or their licensors or suppliers and are protected by Maltese and international copyright laws and other intellectual property rights laws.
DQR-OTC hereby grants the User a limited, revocable, non-exclusive and non-sub-licensable license to access and use Our Materials for the User’s personal or internal business purposes and solely for approved purposes as permitted by us from time to time. Such license is subject to these Terms and does not permit: (a) any sale, resale or transmission of Our Materials; (b) the appropriation, copying, distribution, public performance or display of any of Our Materials; (c) modifying or otherwise making any derivative uses of Our Materials, or any portion thereof; or (d) any use of Our Materials other than for their intended purposes. The license granted under this Section 14 will automatically terminate if DQR-OTC suspends or terminates the User’s Account or access to the Services.
15. GENERAL TERMS AND CONDITIONS
The User hereby acknowledges that: (i) the state of the law with respect to cryptocurrency, including, without limitation, digital assets, is presently unsettled; (ii) DQR-OTC undertakes to act in conformity with the proposed Maltese regulatory framework relating to cryptocurrencies once enacted into law; and (iii) subsequent to the effective date of this Agreement, new applicable laws or changes in existing applicable laws or changes in the interpretation of existing applicable laws may hold that the operation of DQR-OTC Services is not permissible or reasonably practicable. DQR-OTC therefore makes no representations or warranties with respect to such changes in applicable law and hereby expressly disclaims any representations, warranties, guarantees, covenants, or obligations relating thereto. If a change in the applicable law holds that the operation of the Services is not permissible or imposes a material obligation on DQR-OTC that cannot be addressed on commercially reasonable terms, DQR-OTC may terminate its Services and this Agreement on written notice and without further liability.
15.2. Errors, inaccuracies, and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, technical inaccuracies or omissions. In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it. All decisions based on information contained on the DQR-OTC Site are your sole responsibility and we shall have no liability for such decisions.
15.3. Third party content
Certain third party content (including without limitation websites, information, links, and services) may be provided as a convenience, but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third party materials or on any third party sites accessible or linked to the DQR-OTC Site. DQR-OTC makes no warranties or representations of any kind, express, implied, or statutory, regarding the third party services.
15.4. Export controls and sanctions
Your use of the DQR-OTC Services and the DQR-OTC Site is subject to international export controls and economic sanctions requirements. By sending, receiving, buying, selling, trading or storing Cryptocurrency through the DQR-OTC Site or DQR-OTC Services, you agree that you will comply with those requirements.
We will seek to notify of you any change to the Agreement. Copies of the most up-to-date version of the Agreement will be made available in the DQR-OTC Site at all times and will be provided to you by email on request.
15.6. Relationship of the parties
Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or DQR-OTC to be treated as the agent of the other.
15.7. Password security
In order to access DQR-OTC Services you will be required to create or be given security details, including a username and password. You are responsible for keeping the electronic device through which you access DQR-OTC Services safe and maintaining adequate security and control of any and all security details that you use to access the DQR-OTC Services. This includes taking all reasonable steps to choose a secure password of a sufficient level of complexity to prevent access, avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is encrypted and password protected. Any loss of or compromise to your electronic device or your security details may result in unauthorised access to your DQR-OTC Account by third parties and the loss or theft of any Cryptocurrency and/or funds held in your DQR-OTC Account and any associated accounts. You must keep your security details safe at all times.
15.8. Security breach
If you suspect that your DQR-OTC Account or any of your security details have been compromised, if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or DQR-OTC (collectively “Security Breach”), please notify DQR-OTC as soon as possible. You must take any steps that we reasonably require to stop, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.
15.9. Contact information
You are responsible for keeping your email address and telephone number up-to-date in your Account profile in order to receive any notices or alerts that we may send you.
It is your responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the DQR-OTC Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
15.11. Unclaimed property
If your Account becomes inactive for a period exceeding twenty four (24) months and we are unable to contact you and have no record of your use of the DQR-OTC Services for several years, we may, in accordance with the applicable law, transfer your remaining balance to a charity of our choice. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds to continue to service and maintain your Account, as permitted by applicable law.
Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
15.13. Entire Agreement
This Agreement, including documents incorporated by reference herein, comprise the entire agreement between you and DQR-OTC and overrules all prior communication and proposals.
Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and/or our obligations at any time.
15.16. Security interests
You must not create security over your Cryptocurrency.
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable under any applicable law, this will not affect the validity of any other provision or the part of the provision that is not held to be invalid, illegal, or unenforceable.
15.18. Enforcement of our rights
We may not always strictly enforce our rights under this Agreement, which does not preclude the enforcement of our rights strictly again at any time.
This Agreement and any information or notifications that you or we provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only. In the event of any inconsistency, the English language version of this Agreement or any other document shall prevail.
All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, will continue to be binding and operate after the termination or expiration of this Agreement.
15.21. Governing Law
This Agreement is governed by Maltese Law. Any disputes between the Parties relating to the Services or these Terms will, unless submitted to Arbitration in accordance with these Terms, be subject to the jurisdiction of the Maltese Courts.
Any dispute, controversy or claim, whether contractual or non-contractual, arising out of or relating to these Terms, or the breach, termination or invalidity thereof, or any other issue which may arise in virtue of these Terms, shall be referred to and finally settled by arbitration under the UNCITRAL Rules of Arbitration in accordance with the provisions of Part V (International Arbitration) of the Arbitration Act (Chapter 387 of the Laws of Malta). Any arbitration commenced pursuant to this clause shall take place in Malta in the English language through a single, independent and impartial arbitrator to be appointed by agreement between the Parties or, failing such agreement within fourteen (14) days from the receipt by any Party from the other/s of a written request to concur in the appointment of an arbitrator, a single arbitrator to be appointed by the Chairman of the Malta Arbitration Centre.