IMPORTANT—YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE COMPLETING REGISTRATION (AND IF APPLICABLE INSTALLATION OF THE COMPANY’S PROPRIETARY SOFTWARE). BY CLICKING ‘ACCEPT’ OR ‘I AGREE’ OR ‘CONTINUE’ AS THE CASE MAY BE, AND THEREFORE REGISTERING AND/OR USING THE COMPANY’S SERVICES, YOU CONFIRM AND ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND END USER LICENSE AGREEMENT, THAT YOU UNDERSTAND ITS CONTENT, AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OR ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, DO NOT ACCESS NOR USE THIS WEBSITE.
- This Agreement is between the Company Kostenga UAB, Esaki Sodu 18-oji St. 11 Vilnius, Lithuania, Legal Entity Code: 306036508 and yourself (hereinafter referred to as: “you” or “Customer”) (In this Agreement the Company and you may be referred to collectively as the: “Parties”).Without limiting the undermentioned provisions, you understand that laws regarding financial products vary throughout the world, and it is your responsibility to make sure you properly comply with any law, regulation or guideline in your country of residence regarding the use of the Site. To avoid any doubt, the ability to access our Site does not necessarily mean that our Services and/or your activities through the Site are legal under the laws, regulations or directives relevant to your country of residence.
- The Company is engaged in the operation of an online system facilitating the execution of certain transactions of Financial Contracts (as defined hereunder) by using various platforms and the Black X brand name (hereinafter referred to as: “Black X ”). This Agreement applies to both the Company’s Web site and Black X System (as defined hereunder) as well as to the electronic content and or software currently contained on the Web site that supplies you with real time information about the prices of the Financial Contracts (as defined below) and/or the exchange rates of international currencies, as well as with the Black X System (as defined hereunder) for the execution of Financial Contracts (as defined below) and/or foreign currency exchange transactions (hereinafter referred to as: the “Service(s)”), and any other features, content or services that the Company may add in the future. The Company provides the Services directly to its customers and/or sometimes by the use of authorized local representatives. The representative applicable to your country, if one is available, is listed in the attached Designated Representatives Exhibit. In the event that the Company has a local representative, the Company may delegate to such representative any powers and/or authorities it so deems fit and necessary from time to time, in connection with the local operations of the Black X system at your country of residence.
- Definitions
The following terms used in this Agreement shall have the meaning ascribed next to them, unless stated otherwise in this Agreement:- “System” shall mean an electronic system designed to facilitate exchanges in Financial Contracts via the Internet using the platform operated by Black X as defined above subject to all terms of this Agreement and the terms of the Exchange Manual (as defined below) which conforms an integral part of the Agreement;
- “Financial Contract” or “Contract” shall mean a contract to purchase CRYPTO or Digital Exchange or any other financial offering that the Company may offer by the System from time to time to its customers;
- “CRYPTO or Digital Exchange” shall mean an Digital Asset which offers a fixed return predetermined at the onset of the Contract;
- “Contract Price” shall mean the rates offered by the System and based upon “indicative” rates provided by various financial information systems as the current updated rates for contracts of the applicable nature on the financial markets;
- “Markets” shall mean the international financial, commodities, and other applicable markets, where contract rates are being fixed upon free Exchange, and other markets where various financial assets are exchanged;
- “Business Day” shall mean one calendar day beginning at 00:00 and ending at 23:59 GMT;
- “Transaction” shall mean purchase/sale of a Financial Contract for a fixed price;
- “Closing” shall mean a reversed transaction aimed to close an open position (sale of a financial contract previously purchased and vice versa) with a sum or at a quantity identical to the one spent in the initial transaction on the same Business Day;
- “Collateral” shall mean the initial sum deposited by you with the Company after the deduction of loses, deduction of funds withdrawn by yourself, plus profits derived from the Transactions;
- “Exchange Manual” shall mean the manual detailing the procedures and terms for the performance and execution of Transactions;
- Membership Eligibility
The Company’s Services are available and may be used only by individuals or companies who can form legally binding contracts under the applicable laws in their country of residence. In addition, the Services are not available to persons under the age of 18 or otherwise under legal age or who cannot execute legally binding contracts under laws of their country of residence (“Minors”). If you are a minor, you may not use this service. For the avoidance of doubt, the Company shall not be responsible for any unauthorized use of its Services by Minors in any way or manner. Furthermore, the Services are available only to, and may only be used by individuals who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of acquiring Financial Contracts via this site and have done so without relying on any information contained in this site. To remove any doubts, the Company is under no obligation to verify and/or check whether you possess such sufficient knowledge and/or experience, nor shall it be responsible for any damage and/or loss incurred by you as a result of insufficient knowledge and/or experience. Furthermore, it is hereby clarified that the Company is not, and shall not, be responsible in any way to the accuracy of any information published on its Web site by itself or by others, and every published or referenced item of information should be regarded as unfounded information for the purposes of managing your activity and risks. We strongly emphasize that you must ensure that all information required by you was checked and confirmed by yourself, through independent information sources to your satisfaction prior to the execution of any action by yourself on the Web site. IF YOU DO NOT HAVE THE KNOWLEDGE AND/OR EXPERIENCE AND/OR PERSONALLY ASSESSED DATA OR EXECUTE TRANSACTIONS BASED ON A LEARNED BASIS PLEASE DO NOT USE OUR WEB SITE OR SYSTEM. - Definitions
The following terms used in this Agreement shall have the meaning ascribed next to them, unless stated otherwise in this Agreement:- “System” shall mean an electronic system designed to facilitate exchanges in Financial Contracts via the Internet using the platform operated by Black X as defined above subject to all terms of this Agreement and the terms of the Exchange Manual (as defined below) which conforms an integral part of the Agreement;
- “Financial Contract” or “Contract” shall mean a contract to purchase CRYPTO or Digital Exchange or any other financial offering that the Company may offer by the System from time to time to its customers;
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