Terms And Conditions

 

1. INTRODUCTION

1.1. These Terms & Conditions (“Terms”) constitute an electronic agreement between you (hereinafter “Customer”, “User”, “you”, or “your”) and D&H MEDIA SERVICES SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, a company established and operating in accordance with the laws of the Republic of Poland, with its registration number KRS: 0001055088, NIP: 7011162135; having its seat at Street HOŻA, No. 86, Apt. 210, municipality Warsaw, Poland, 00-682. The company is entered in the Polish Register of Virtual Asset Service Providers under position RDWW-990, date of entry: 23.10.2023. Please note that, as used herein, “DHCOINX”, “Platform”, “we”, “our” and “us” refers to the company D&H MEDIA SERVICES SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ.

1.2. The Services are offered to you via the https://dhcoinx.com/ website (“Website”).

1.3. You have the right to refuse to be bound by the Terms. Please note that we do not provide Users with the ability to negotiate the Terms. Therefore, if you wish to refuse and/or withdraw from the Terms, you should not use and access this Platform and the Services, or stop doing so.

1.4. You are solely responsible for understanding and complying with any and all laws, rules, and regulations that may be applicable to you in connection with your use of this Platform and all Services.

1.5. Where you act on behalf of a corporation, partnership, firm, or organization, references in these Terms to “you” mean the corporation, partnership, firm or organization.

1.6. This Terms incorporate the Privacy Policy as well as any other policy that we may publish from time to time on this Website (“Policies”), and reference to this Terms shall include the Policies. By accepting these Terms, you agree with and accept the Policies.

 

2. DEFINITIONS AND INTERPRETATION

“Account” means any and all accounts (including sub-accounts) following the online registration you have with us, which are created when you (i) register on the Platform; and (ii) complete KYC;

“Affiliate” refers to any person, directly or indirectly controlling, controlled by or under direct or indirect common control with another person, where control may be by management authority, equity interest or otherwise.

“AML/CFT” means anti-money laundering and counter-terrorist financing.

“Applicable Laws” means all civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions, policies, rules and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, exchange, task force, agency or association (whether or not having the force of law) by which DHCOINX or you are bound in any jurisdiction or which DHCOINX concludes in its sole and absolute discretion that it is required to comply with.

“Fees” means any fees which we may charge from time to time in respect of the use of the Services.

“Fiat” means any asset that is (a) legal tender in a country or territory; and customarily used and accepted as a medium of exchange in its country or territory of issue.

“Order” means any instruction from a User to buy or sell virtual assets on this Platform;

“Sanctions” means any economic sanctions laws, regulations, embargoes, or restrictive measures imposed by the United Nations Security Council, the United States of America, the United Kingdom of Great Britain and Northern Ireland, and the European Union or its member states.

“Services” means various services provided to you by DHCOINX, including but not limited to the virtual asset exchange platform, DHCOINX wallet services, and other services that may be offered in the future.

“User” means a user with a registered Account.

“Virtual asset” means any asset that is: (a) expressed as a unit; (b) capable of being transferred, stored, and traded on a peer-to-peer basis, with or without conditions or limitations; and (c) approved by DHCOINX from time to time for use in connection with the Services.

“Wallet” means any virtual asset wallet provided to you by DHCOINX.

 

3. ELIGIBILITY

3.1. By registering to use a DHCOINX, you represent and warrant that you

1. are at least 18 years old or of legal age to form a binding contract under applicable law,
2. are an individual, legal person, or other organization with full legal capacity and authority to enter into these Terms,
3. have not previously been suspended or removed from using our Services.

3.2. 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.

3.3. DHCOINX reserves the right to bar transactions from or to, to undertake enhanced due diligence, or to suspend or terminate the access to the Platform, or the creation or administration of any Account for or with, any user for any reason (or for no reason) at any time. Without limiting the generality of the foregoing, this includes any transfer, transaction, business, or dealing with a:

1. Sanctioned Person;
2. Prohibited Jurisdiction or a citizen or resident of, a government or government official of, or person in or subject to authority of any Prohibited Jurisdiction;
3. Person from or in any jurisdiction that does not meet international AML–CTF standards (including any jurisdiction identified by the Financial Action Task Force (FATF) as high-risk, non-cooperative, or strategically deficient jurisdictions, or jurisdictions under increased monitoring);
4. Person that is or formerly was a government official or “politically exposed person” within the meaning of the FATF’s 40 Recommendations;
5. Person that presents a risk of any exposure to penalties, sanctions, or other liabilities that may apply to to DHCOINX or any of its Affiliates;
6. Person that fails to meet any user due diligence standards, requests, or requirements of DHCOINX, or otherwise appears to be of high risk, including any of the foregoing factors.

4. USER’S ACCOUNT

4.1. Registration. All users must apply to register a DHCOINX account on this Platform before using our Services. When registering a DHCOINX account, you must provide the information described in this paragraph 4.2 or other information required by DHCOINX, and accept these Terms, Privacy Policy, and other DHCOINX platform rules. DHCOINX may decide to refuse to open a DHCOINX account for you. You agree to provide complete and accurate information when opening a DHCOINX account and agree to promptly update any information you provide to DHCOINX to maintain the completeness and accuracy of the information. Each user (including individuals or legal entities) can only keep one primary account at any time. However, with the consent of DHCOINX, one or more sub-accounts may be opened under the primary account.

4.2. Verification. As part of the Verification, you will have to provide DHCOINX with some documentation and information which is required for us to establish and verify your identity and determine whether you meet the AML Requirements. Therefore, you shall provide us with the correct information that we may ask from you in order to carry out the Verification, which may include:

1. personal information such as, but not limited to, your name, address, and date of birth;
2. contact information, including your phone number, email address, and any other contact information which we may ask for from time to time;
3. identity documents, such as passport or driving license, as well as proof of address, and any other such document as we may see fit to verify your identity and place of residence; and
4. documents and information to verify your source of funds and/or wealth, including (i) details of other electronic wallets you hold with third-party service providers; (ii) information on or in connection with deposits of Virtual Assets from wallets you hold with third-party service providers to the Wallet; and (iii) documentation and information on or in connection with deposits of fiat money from accounts you hold with other service providers.

4.3. If there is any reasonable doubt that any information provided by User is wrong, untruthful, outdated or incomplete, DHCOINX shall have the right to terminate all or part of Services to User. User shall be solely and fully responsible for any loss or expenses incurred during the use of the Services if User cannot be reached through the contact information provided. User hereby acknowledges and agrees that User has the obligation to keep all information provided up to date if there are any changes. 

5. DEPOSITS

5.1. User has right to deposit to User’s Wallet any virtual currencies that are supported for transfer and storage using the Services. If User transfers any virtual currencies that are not supported by the Services to User’s Wallet, such virtual currencies may be permanently lost. User will not be entitled to receive any interest or other fees on any virtual currencies held in User’s DHCOINX Account.

6. WITHDRAWALS

6.1. User is required to retain a sufficient quantity of virtual currencies in User’s DHCOINX Account and a sufficient quantity of currency necessary to satisfy any open orders (and applicable DHCOINX fees) in User’s DHCOINX Account. In addition, there may be limits on the amounts that User is able to withdraw on a daily or other periodic basis. DHCOINX may require User to verify that any external account to which User seeks to transfer virtual currencies is not associated with any illegal activity. User hereby authorizes DHCOINX and third parties involved in process to use User’s Wallet to send to any external account specified by User using the Services, the number of virtual currencies specified by User using the Services. DHCOINX and third parties involved in process is not able to reverse any transfers and will not have any responsibility or liability if User has instructed DHCOINX and third parties involved in process to send virtual currencies to an address that is incorrect, improperly formatted, erroneous or intended for a different type of virtual currencies.  

7. ORDER

7.1. An Order is created when User enters an instruction to effect a Trade using the Services. When User enters an Order, User authorizes DHCOINX to execute a Trade on a spot basis for all or a portion of the number of virtual currencies specified in User’s Order in accordance with such Order. User agrees to pay DHCOINX any applicable fees for Trades and authorizes DHCOINX or third parties involved in process to deduct any such fees from User’s Hosted Wallet, including third party fees and commissions.

8. ACCOUNT SUSPENSION

8.1. You agree that DHCOINX has the right to immediately suspend your DHCOINX account (and any accounts owned by affiliated or related entities that hold any beneficial interest in the account), freeze or lock all virtual assets or funds in such accounts, and suspend your access to DHCOINX, including in the event that any such DHCOINX account is suspected of violating these Terms, our Privacy Policy, or any applicable law or regulation. You agree that DHCOINX shall not be liable for any permanent or temporary modification to, or suspension or termination of, access to all or any portion of the Services in connection with your DHCOINX account. DHCOINX has the right to preserve and use data or other information relating to transactions associated with the DHCOINX account. The account controls described above may also be applied under the following circumstances: the DHCOINX account is subject to government proceedings, criminal investigation, or other pending litigation; we detect unusual activity in the DHCOINX account; we detect illegal access to the DHCOINX account; or we have deemed it necessary to take such action pursuant to a court order or order of a regulatory/governmental authority.  

9. FEES

9.1. In consideration for the use of the Services, you agree to pay to DHCOINX the appropriate fees, as set forth in our fee schedule displayed on the Website (“Our Fees”), which DHCOINX may revise or update in its sole discretion from time to time. You authorize DHCOINX to deduct any applicable fees from your Account at the time you make a given transaction. Changes to the fee schedule are effective as of the date set forth in any revision and will apply prospectively from that date forward.

10. INDEMNIFICATION

10.1. You hereby agree to protect, defend, indemnify and hold DHCOINX harmless from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by us directly or indirectly arising from:

• your use of and access to the Platform and the Services;
• any breach of these Terms;
• any breach of any rule, law or regulation on your part, and any immoral behavior you undertake, either directly or indirectly;
• your acceptance, breach, or any other activity connected to Third Parties’ terms and conditions; your violation of any Third Party right, including without limitation any Intellectual Property or other proprietary right;
• your inability to access or use the Services, including your inability to Deposit and Withdraw Virtual Assets or fiat currency, resulting from:

1. your non-compliance with any Verification Process or other compliance procedures which we may, in our reasonable discretion, require you to go through from time to time;
2. any applicable rule, law, or regulation;
3. any unauthorized use, arising out of or in connection with your breach of these Terms, including any failure to safeguard the security of your Account;
4. any damage or losses resulting from theft or any loss of control of your Account, other than theft and loss of control resulting from our fault or negligence.

10.2. You must pay the indemnified party on demand for, any Loss the indemnified party reasonably incurs in connection with the incidents described in this clause.

11. LIMITATION OF LIABILITY

11.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT DHCOINX AND OUR AFFILIATES AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF DHCOINX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM:

1. THE USE OR THE INABILITY TO USE THE SERVICES;
2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR
4. ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

11.2. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES AND CLOSE YOUR ACCOUNT. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED. DHCOINX, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DHCOINX MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS. 

 

12. TERMINATION

12.1. If the Terms relating to the use of the Services is terminated, any money or virtual currency deposited in account will be refunded or returned to the User without delay, in accordance with the method prescribed by us. The User must designate the bank account (limited to the User’s own bank account) and the recipient of the virtual currency at his or her own responsibility, and if we execute the transfer of money and virtual currency to such bank account or recipient in accordance with the instruction of the User, we will not be liable in respect of such money and virtual currency. We also bear no responsibility for the accuracy or validity of the bank account or recipient information that the User provides to us.

12.2. Notwithstanding the foregoing, any money that is difficult to be refunded to the User by the method set out in the preceding paragraph may be, based on our discretion, refunded by remittance via registered mail, deposit, or by any other method deemed appropriate by us.

13. INTELLECTUAL PROPERTY

13.1. DHCOINX and/or its licensor(s) are the sole owners of the Platform, which includes any software, domains, and content made available through the Platform.

13.2. The DHCOINX brand, its graphics, logos, icons and service names related to the Platform and the Platform are protected by applicable copyright and other intellectual property laws. Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Platform (or any part of it) or any material provided through the Platform without our prior express written consent.

13.3. Any unauthorized use of the Platform will result in the automatic termination of the limited license granted by us. We reserve the right to terminate the limited license without notice at any time following an unauthorized use by you of the Platform.

13.4. All other trademarks not owned by DHCOINX that appear in connection with the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DHCOINX.

14. THIRD-PARTY CONTENT

14.1. DHCOINX may engage third-party service providers to carry out certain activities relating to the Services, including (without limitation) to collect information to verify User identities and/or to process any fiat currency payments.

14.2. You acknowledge and agree that:

• DHCOINX does not control, endorse, or adopt any Third Party Content (including any Third Party Content that may be provided by DHCOINX as a convenience);
• DHCOINX shall have no responsibility for any aspect of the information, content, or services contained in any Third Party Content (even where such Third Party Content is accessible through or linked to the Website), including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable;
• your business dealings or correspondence with such third parties are solely between you and the third parties;
• DHCOINX is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings; and
• your use of any third-party content, and your interactions with third parties is at your sole discretion and risk.

15. TAX

15.1. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report, and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether any taxes apply to your use of the Services, or for collecting, reporting, or remitting any taxes arising from any transaction or use of the Services.

15.2. You acknowledge that we may make certain reports to tax authorities regarding transactions made on the Platform and that we may, in our sole discretion or as required by applicable law, provide you with additional documentation or records needed by you to calculate any tax obligations. We may also withhold and deduct at source any taxes due under applicable law in our sole discretion.   

16. NO ADVICE PROVIDED

16.1. DHCOINX 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 DHCOINX is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. All trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade 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. You agree and understand that DHCOINX does not provide legal, tax, or investment advice, that Your use of the Services is self-directed, and that it is Your responsibility to consult with qualified professionals in Your own jurisdiction prior to using the Services or implementing any financial plan. DHCOINX will not be held responsible for the decisions you make to buy, sell, or hold Virtual Assets based on the information provided by DHCOINX.

17. PRIVACY POLICY

17.1. We are committed to protecting your personal information and to helping you understand exactly how your personal information is being used. You should carefully read our Privacy Policy, which provides details on how your personal information is collected, stored, protected, and used.

18. INDEPENDENT PARTIES

18.1. Nothing contained in or relating to these Terms shall be deemed to constitute a partnership, joint-venture, employee employer or agency relationship between the parties and you shall have no authority to act for or assume any obligation or responsibility of any kind, express or implied on behalf of DHCOINX or bind or commit DHCOINX for any purpose in any way whatsoever.

19. GOVERNING LAW

19.1. These Terms shall be governed by and interpreted by the laws and regulations of the Republic of Poland.

19.2. User and DHCOINX hereby agree to notify each other in writing of any dispute within thirty (30) days of when it arises. DHCOINX can use any contact information provided under the User Account to send a notice. While the User shall send notice to admin@dhcoinx.com.

19.3. Users of the Services agree that any dispute, controversy, difference, or claim arising out of or relating to the Terms, including the existence, validity, interpretation, performance, breach, or termination thereof shall be referred to and finally resolved by a mediation procedure according to the laws and regulations of the Republic of Poland, before taking the case before the court.

19.4. All disputes and controversies arising out of or in connection with the Platform and/or the Services shall be submitted to the courts of the Republic of Poland.

20. AMENDMENTS

20.1. DHCOINX has the right to amend, revise, modify, and/or change these Terms at any time, for any reason.

20.2. The most recent Terms & Conditions will always be published on this Website. Any changes to the Terms & Conditions will be effective as of the moment of its appearance at the Website. If we will be required by law to give you advance notice of any changes in our Terms & Conditions, then we will do so.

20.3. If you do not agree to the amended Terms & Conditions, you should cease to use the Account and all of the Services and request for your Account to be closed. Otherwise, you agree to continue to be bound by any amendments to Terms & Conditions. Your continued use of the Platform or any of the Services constitutes your deemed acceptance of the amended Terms & Conditions. You are responsible for periodically visiting this Website and reviewing the Terms & Conditions to check for any changes.

21.ENTIRE AGREEMENT

21.1. Unless otherwise expressly provided in writing, these Terms, together with any other addenda, terms and conditions or documents expressly incorporated herein or by reference to these Terms, constitute the entire agreement between you and DHCOINX. In the event of any inconsistency between these Terms and any of the other addenda, terms and conditions or documents expressly incorporated herein or with reference hereto, the provisions of these Terms shall prevail (unless otherwise stated or agreed expressly in writing signed by you and DHCOINX).

22. SEVERABILITY

22.1. These Terms constitute the entire agreement between the parties regarding use of the Platform and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.

23. SURVIVAL

23.1. If any provision of these Terms are held to be invalid or unenforceable under any Applicable Law, this shall not render any other provision to be invalid or unenforceable under that Applicable Law nor shall it render that provision or any other provision invalid or unenforceable under any other Applicable Law.

24. FORCE MAJEURE

24.1. In addition to applicable disclaimers stated above, DHCOINX is not responsible for damages caused by delay or failure to perform undertakings under these Terms when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyber attacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, DHCOINX is excused from any performance obligations and these Terms.

25. COMMUNICATIONS

25.1. These Terms are provided to you and concluded in English. We will communicate with you in English for all matters related to your use of our Services unless we elect, in our sole discretion, to provide support for other languages. 

26. HEADINGS

26.1. Headings of sections are for convenience only and shall not be used to limit or construe such sections.

27. WAIVER

27.1. DHCOINX’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver of any thereof. These Terms shall not be construed to waive rights that cannot be waived under applicable laws of the jurisdiction in which you are located, including without limitation applicable state money transmission laws.

28. CONTACT US

28.1. If you have any complaints, feedback, or questions, please contact our customer service at admin@dhcoinx.com.

D&H Media Services Pty Ltd