DXA provides generic financial chart analysis on an educational and informational basis through membership via the Service Medium as purchased by you through the website (hereinafter “the Service”). The Service is not tailor-made to you or your personal circumstances and as such is not to be construed as financial or investment advice.
Your (hereinafter “Your” or “You” or “User/s”) use of the Service represents your acceptance to be bound with these T&Cs. You shall act with the highest degree of integrity and in full compliance with the T&Cs of DXA as may be updated or reviewed from time to time. You understand and accept that new features or tools may be added from time to time. Your continued use of the Service constitutes an acceptance of the T&Cs as applicable to any such new features or tools.
These T&Cs apply to all Users of the Service. For all intents and purposes Users include but are not limited to, users who are browsing, selling, customers, merchants and or contributors of content as applicable.
You acknowledge and accept that you have read and understood these T&Cs before utilizing the Services provided through any Service Medium. If you do not accept the T&Cs you may not use any Service Medium utilized by DXA for the provision of the Service. In the event that you require clarification regarding the Service, you may contact DXA at the following email address: firstname.lastname@example.org
DXA reserves the right to change or modify these T&Cs from time to time at its absolute discretion. It is your responsibility to review the updated version of the T&Cs.
1. Use of Service
By agreeing to these T&Cs, you warrant that:
- you are at least the age of majority in your country of residence;
- you have full power and authority to subscribe to these T&Cs;
- you shall not make use of the Service in any way which may constitute a violation of any law (including but not limited to intellectual property law)
- you are not acting in any business activity which is, whether directly or indirectly, in competition with DXA;
- you are solely responsible to cover any expense or disbursement which is relevant to your use of the Service, including but not limited to any expense or disbursement related to access to software, internet or equipment;
- you acknowledge that the content, materials and information provided by DXA as part of its services is the property of DXA;
- you shall not utilize the Service to promote, sell or otherwise offer, any financial or investment product or service in competition with DXA;
- you shall not utilize the content, materials and information provided by DXA for the purpose of multi-level marketing, pyramid schemes or equivalent activities;
- you shall not seek to solicit any login or account details or seek to obtain personal information and/or request or seek to obtain access to third party accounts or otherwise collect or track the personal information of third parties;
- you shall not do, or omit to do, any act that could expose DXA to any claims for damage, costs, expenses or liability;
- you shall not utilize the Services using any automated means including but not limited to harvesting bots, robots, spiders or scrapers;
- you shall not upload, use or disseminate any malicious code, viruses or spam, phish, pharm, pretext;
- you shall not post any unlawful content or which could be deemed offensive, unlawful, obscene, discriminatory, defamatory, false, or misleading whether with reference to DXA or any third party;
- you shall not use the Service fraudulently or in any manner which may be in violation of any laws, rule or regulations, including but not limited to financial market laws, rules or regulations, in any jurisdiction;
- you shall not make your account accessible to third parties or the general public or in any way act as a reseller or distributor of DXA content;
- you shall only use the Service limitedly for your personal use and for no other use;
- you shall not use any intellectual property without the consent in writing of the intellectual property owner or in any way violate DXA or third-party intellectual property rights. For all intents and purposes intellectual property rights means any copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, and other intellectual property rights (whether registered or unregistered) throughout the world;
- you shall not remove, circumvent, disable, damage or otherwise interfere with any features of the Service or attempt to gain unauthorized access to any part thereof through any means, or interfere with, corrupt, or disrupt the operation or performance of the Service or the ability of any other person to use them.
You understand and accept that your breach of any of the aforementioned or any other T&Cs shall entitle DXA to terminate the continued provision of the Service without the need to provide prior notice. In the event of termination on the basis of your breach, you accept that you forfeit the right to claim any refund from DXA.
2. Accuracy of Service
DXA provides general information for educational and informational purposes only. DXA does not provide, nor any of its Services are to be construed as, personalized investment advice. You understand and accept that DXA is not responsible for and does not provide any warranty in relation to the accuracy and completeness of the information provided. You understand and accept that (i) the information provided by DXA is not necessarily real-time nor accurate and (ii) any information provided by DXA in relation to data and prices are not necessarily provided by any market or exchange so prices may differ from the actual price at any given market and at best are indicative and not fit for trading purposes. Information provided by DXA may include historical information for reference purposes which does not constitute the most current or up-to-date information.
You further understand and accept that, DXA does not provide investment advice and that the subject matter of the information provided by DXA is extremely volatile and subject to frequent changes caused by external factors, including without limitation, regulatory and political events, and that your decision to invest in any financial market may result in potential gains but also to potential losses. Any reliance on the analysis and information provided by DXA is at your sole and exclusive risk. It is your responsibility to ensure that you rely on real-time and accurate information in addition to the analysis and information provided by DXA prior to investing in the financial market. DXA recommends that you do not rely solely on information provided by DXA prior to the execution of any investment.
DXA and its Service are intended to assist your research and evaluation of financial market products and does not provide you with any advice of whatsoever nature, including but not limited to financial market investment, tax, wealth management, accounting, or legal advice. The information provided by DXA is purely incidental to the business of DXA as providing educational and informational analysis services. You understand and accept that the final evaluation regarding the financial market products and the relevant criteria are determined exclusively by you on the basis of your own research and analysis, including but not limited through research and analysis from third party sources not connected with DXA. DXA has no control over, may not predict and does not guarantee any specific outcome. You bear sole responsibility for the risk associated with the investment decisions you make and the purchase of any financial market investments as well as the suitability and appropriateness of any investment strategy you make.
DXA does not warranty that its content or information is accurate, complete or error-free. DXA reserves the right to correct any content without the need to provide prior notice.
3. Service Fees
Fees payable to DXA for its Service (Service Fees) are listed on the DXA website. Any ancillary fees or costs, if applicable, will be set out prior to completing your purchase. DXA shall only be obliged to grant access to the Service upon receipt of the full Service Fees relative to the membership option you select.
Service Fees may be subject to change without any prior notice. In the event that you have paid an advance a Service Fee which is subject to a price modification, you will not be charged the Service Fee as revised unless you cancel your subscription and re-subscribe thereafter. Following expiration of a subscribed Services, your continued use of the Services shall be construed as your acceptance of the Service Fee as revised and DXA shall not be liable to you or any third-party for any changes to the Service Fees.
In the event that you purchase multiple Services, each Service shall be deemed as a separate transaction and the acceptance of purchase of one Service shall not automatically be constitute an acceptance by DXA of additional Service purchase requests received by you.
Payment may be effected by accessing this link and selecting your preferred payment method. Any debit or credit card or third-party issuer fees are to be borne exclusively by you. Should you change or wish to modify your preferred payment method, you are to inform DXA by sending an e-mail at email@example.com
Should you have any problems or discrepancies in relation to your payments for the Service, you should contact DXA at firstname.lastname@example.org within a maximum of (90) days from the date that payment appears on your billing method statement. Failure to do so shall constitute your waiver to the right to dispute such problems or discrepancies.
Purchase of the Service shall be completed upon (i) receipt in the account of DXA of the Service Fees AND (ii) the issue by DXA of a link enabling you to access the Service Medium. Provided that DXA retains the sole right to decline and/or cancel your Purchase at any moment prior to the issue of the link in terms of (ii) above. Receipt of confirmation in writing issued by DXA creates a legally binding agreement with you.
4. Modification or Discontinuation of Service
DXA has the right to modify, suspend or discontinue the Service (or any part thereof) without notice at any moment and without any liability to you or to any third-party as a result of any such modification, suspension or discontinuation of the Service. Without prejudice to the above, DXA may, but is not obliged to, provide you with notice of any modification, suspension or discontinuation of Service at the contact e-mail provided by you.
5. Refusal, Suspension or Termination of Service
DXA shall retain sole discretion and reserves the right to refuse any request received for purchase of the Services. This includes, but is not limited to, circumstances where DXA receives multiple requests for purchase which at DXA’s sole discretion, appear to be requested by resellers, distributors or unauthorised dealers.
DXA reserves the right, at no liability for DXA, to suspend or terminate the continuation of Services, without limitation, in the event that full payment of Service Fees is not received for any reason not attributable to DXA or DXA has reason to believe that you are breaching these T&Cs. Any such suspension or termination shall be without prejudice to any other remedy available to DXA at law.
In the event that you subscribe to recurring Services, you authorise DXA to charge your next Service Fee in accordance with your preferred payment method. In the event that you wish to cancel your subscription to the Services, you should cancel your subscription in accordance with the Cancellation provisions in these T&Cs.
6. Your Details and Communications by DXA
You shall provide accurate, current and complete information including but not limited to, legal name, address, e-mail, residential address and phone number (hereinafter “the Contact Information”) and you shall maintain and promptly update the Contact Information provided to DXA in the event of any change.
You hereby authorize DXA to communicate with you through any means using the Contact Information you provide in relation to the Service or ancillary matters related thereto.
Furthermore, you shall provide accurate, current and complete information in relation to credit card numbers and expiration dates (hereinafter “the Payment Information”), for the purpose of successful completion of payment of Service Fees.
You understand and accept that DXA shall have no liability associated with or arising from your failure to provide accurate and updated Contact Information or Payment Information.
You have the right to cancel your request for Services provided by DXA within fourteen (14) days from date of receipt of the confirmation in writing issued by DXA in terms of Article 3 of these T&Cs (“the Cancellation Term”), by contacting DXA at the following e-mail email@example.com.
In the event of cancellation, you acknowledge and accept that, no refund shall be due to you if you have had access to or in any other way acquired relevant content or information from DXA. Without prejudice to the above, cancellation shall become effective as from the sent time and date of your e-mail request for cancellation.
8. External Content
In the provision of its Services, DXA may make reference to or provide you access on an “as is” or “as available” basis, to third-party content including but not limited to third-party service links, resources, content, information and tools (hereinafter “External Content”). DXA makes no warranty about the accuracy or validity of such External Content and accepts no liability for your use of such External Content. You accept and agree that DXA has no control over such External Content and your use of such External Content is entirely at your own risk and discretion. DXA strongly recommends that prior to your use of any External Content you familiarize yourself with the terms and conditions of use provided by the relevant third-party providers.
9. Intellectual Property
Unless otherwise stated, DXA and/or its licensors own the intellectual property right for all materials on DXA Website and relative Service Mediums. All intellectual property rights are reserved. You may use the intellectual property strictly in accordance with these T&Cs and you shall not, without limitation, republish materials from DXA Website and relative Service Medium, sell, rent or sub-license material from DXA Website and relative Service Medium, reproduce, duplicate, copy or re-distribute content from DXA Website and relative Service Medium
10. User Feedback
By using the Service, you authorise DXA and DXA reserves the right to utilize without restriction any feedback, comments or suggestions received from you (howsoever received) by DXA. DXA is not bound by any confidentiality obligations in relation to feedback, comments or suggestions received and you shall not be entitled to any compensation from DXA for any use thereof.
11. Disclaimer & Limitation of Liability
You agree that your use of the DXA website or Services is solely at your sole and exclusive risk. You understand and accept that any content is provided on an “as is“ or “as available” basis. DXA expressly disclaims all warranty of any kind whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use and non-infringement. DXA does not warranty that Services meet your requirements, that they are uninterrupted, timely, secure or error-free, nor does it make any warranty as to the results that may be obtained through the use of the DXA Services or as to the accuracy, reliability or correctness of any information. You further accept that any damage caused to your electronic equipment or loss of data as a result of a download effected at your discretion is your sole responsibility. DXA makes no warranty regarding Services offered or any transactions entered into through the Service. DXA provides no advice and no information provided by DXA shall create any warranty not expressly made in these T&Cs.
You understand and accept that the Services provided by DXA are of an educational and informational nature and do not constitute a recommendation or solicitation to buy, sell or otherwise invest in any financial market. Any views or opinions expressed by DXA on this website or in the provision of its Services is not intended (and as such should not be construed) as being investment, tax, or legal advice. Investment advice should always be based on your particular circumstances, which circumstances are not known to or have not been taken into consideration by DXA when expressing its view or opinions. You are aware that investment in financial markets may result in significant gains but also in significant losses and that past or present performance does not represent a guarantee of future results. To the fullest extent permitted by law, in no event shall DXA or its directors, officers, employees, affiliates, agents, suppliers or licensors, be liable to any person for any indirect, incidental, special, punitive or consequential damages including but not limited to, damages for lost profits, revenue, sales, goodwill, use of content, business interruption, loss of anticipated savings, however caused, under any theory of liability including without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise even if the possibility of such damages could have been foreseeable. In the event that a particular jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, the liability of DXA shall be limited to the maximum extent permitted by the law of that jurisdiction.
Additionally, you acknowledge and accept that nothing contained in any chatroom or forum, whether posted by any customer of DXA or other third-party, is intended as investment advice nor should you rely on it as advice provided by DXA or any of its representatives. DXA has no control over any content, information or data posted on any forum or chatroom where applicable. DXA shall not be liable for any content or information posted by third parties. You accept and understand that, through the use of the Service through any Service Medium, you may be exposed to posts, material or content, that you deem to be offensive, obscene or otherwise objectionable, at your sole risk.
You agree to indemnify and hold DXA and its directors, officers, employees, affiliates and agents, and their heirs, successors and permitted assigns, each in their capacity as such (the „DXA Indemnified Parties“) from, against and in respect of any damages, losses, charges, liabilities, claims, demands, actions, suits, proceedings, payments, judgments, settlements, assessments, deficiencies, taxes, interest, penalties, and costs and expenses (including removal costs, remediation costs, closure costs, fines, penalties and expenses of investigation and ongoing monitoring, reasonable attorneys‘ fees, and reasonable out of pocket disbursements) (collectively, „Losses“) imposed on, sustained, incurred or suffered by, or asserted against, any of the DXA Indemnified Parties, whether in respect of third party claims, claims between the parties hereto, or otherwise, directly or indirectly relating to, arising out of or resulting from or relating to your use of the DXA website and/or Services or any wilful or negligent misconduct on your part.
In addition to and without prejudice to any other remedy available to DXA, in the event that you shall be obliged to indemnify DXA, you shall pay to DXA on demand (i) the amount necessary to put DXA into the position it would have been prior to the occurrence of any of the events contemplated above and (ii) all costs and expenses (including, without limitation, damages, legal and other professional fees and costs, penalties, expenses and consequential losses (whether arising directly or indirectly) incurred by DXA;
The rights and remedies of DXA are in addition to any and all other rights and remedies that DXA may have under these T&Cs or at Law.
13. Force Majeure
You agree that DXA shall not be liable in any way to you or to any person in the event of force majeure. For all intents an event of force majeure shall include, but is not limited to, the act of any government or authority, failure of or damage or destruction or loss of your computer systems, data or records or any part thereof or delays, losses, errors or omissions resulting from the failure or mismanagement or any telecommunications or computer equipment or software.
14. Entire Agreement
This T&Cs, as may be modified from time to time, hereto, contain the entire agreement between you and DXA with respect to the services provided by DXA, and this Agreement supersedes all other agreements, representations, warranties, statements, promises and understandings, whether oral or written, with respect to the subject matter hereof. Failure by DXA to exercise or enforce any right or provision of these T&Cs shall not constitute a waiver thereof.
If any provision of this Agreement shall be held invalid or unenforceable under applicable law in any jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of such provision in any other jurisdiction or the validity or enforceability of any other provision of this Agreement that can be given effect without such invalid or unenforceable provision.
16. Applicable Law
The provisions of these T&Cs shall be governed by and interpreted in accordance with the laws of Gibraltar and the parties submit to the exclusive jurisdiction of the Courts of Gibraltar.
17. Conflicts with Translations
DXA may provide T&Cs translated into a language other than the English language. In the event of any conflict of interpretation between the T&Cs in the English language version and any translated version in a language other than the English language, the English language version of these T&Cs shall prevail.