Terms and Condition
By accessing, viewing, using any of the services made available on Dsdaq website, mobile applications, or any other related services you acknowledge that you have read, understand, and unconditionally agree to be bound by the Terms of this agreement.
Dsdaq may at any time, without notice, amend the Terms of this agreement. You agree to continue to be bound by any amended terms and conditions and that Dsdaq may at any time, without notice, amend the Terms of this agreement have no obligation to notify you of such amendments. You acknowledge that it is your responsibility to periodically check these Terms of this agreement for changes and that continued use of the Website and Services offered by Dsdaq following the posting of any changes to the Terms of this agreement indicates your acceptance of any such changes. If you do not accept the Terms of this agreement, do not access this Website and do not use this Service.
Dsdaq is not available to citizens or residents of the United States of America, Peoples Republic of China, Crimea, Iran, Syria, North Korea, Sudan or any other jurisdiction where such services may be restricted. The Content and the Service provided by Dsdaq shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal. You agree that you are not, nor are you acting on behalf of a person who is, a citizen or resident of, domiciled in, accessing the Service from (via VPN or otherwise), located or incorporated in, the United States of America, Peoples Republic of China, Crimea, Iran, Syria, North Korea, Sudan or any other jurisdiction that prohibits access to, or use of, the Content or Service (the “Eligibility Obligation”). In the event that you violate the Eligibility Obligation, Dsdaq reserves the right to reverse trading positions and irrevocably seize, suspend, arrest, and/or reduce your account balance. You assume all the responsibility arising from any access to or use of the Content and Service in the event that you violate the Eligibility Obligation. By registering as a Customer You covenant, represent, and warrant that (under the Applicable Law and law of the country of Your residence):
1. You have accepted the Terms and Conditions;
2. You are of an age of majority to enter into this Agreement (at least 18 years of age), meets all other eligibility criteria and residency requirements, and is fully able and legally competent to use the Website, enter into agreement with the Service Provider and in doing so will not violate any other agreement to which You are a party;
3. You are the legal owner of the funds you add to Your account with the Service Provider and that the same funds derive from a legitimate and legal source;
4. You are aware of the risks in using the services provided by Dsdaq. These risks include the fact that You may lose all of the funds in your trading account if the market moves against You or in the case of failures, technical malfunctions of the site and other technical malfunctions, failures in the supply of quotations, force majeure etc.
5. You will not be involved with, or initiate any form of market manipulation, including spoofing orders or otherwise under the threat of blocking the account in any case of identifying such violations;
6. Any withdrawal address You provide is Your own and that You are in full control over this address; It is your responsibility entirely to provide us Your withdrawal address. We accept no liability resulting in Your not receiving withdrawal funds due to You providing incorrect or out-of-date details. Dsdaq excludes all liability for any incorrect transactions to wrong addresses, or any other such mistakes.
7. You will ensure that all usernames and passwords required to access the Website or Apps are kept secure and confidential, and that it is Your responsibility alone ensure this. You will immediately notify Dsdaq of any unauthorized use of Your passwords or any other breach of security and Dsdaq will reset Your password and take other steps to ensure the security of your account and the platform.
8. Dsdaq reserves the right at any time to verify Your identity for the purposes of complying with the any KYC/AML requirements
9. Dsdaq reserves the right to impose trading limits and withdrawal limits before You are required to conduct Customer Due Diligence (CDD). You agree to cooperate fully with us throughout this process and that You will provide all documentation/information that we may require in order to verify Your identity and to assess the purpose of the business relationship.
Dsdaq, provides a mobile application-based platform that allows users of the Dsdaq App to obtain economic exposure to the price movement of an underlying financial instrument (including, stocks, indices, commodities, cryptocurrencies, and forex) without the need for ownership and physical settlement of the underlying financial instrument (the “Service”). The Customer acknowledges that the Services do not include the provision of investment advice. Any investment information as may be announced by Dsdaq to the Customer does not constitute investment advice. The Customer agrees and acknowledges that he/she/it is solely responsible for any investment strategy, transaction or investment composition of any account and taxation consequences and he shall not rely, for this purpose on Dsdaq. It is also understood and accepted that Dsdaq shall bear absolutely no responsibility, regardless of the circumstances, for any such investment strategy, transaction, investment or information. Customer agrees to be conclusively responsible for any instruction received electronically (including, but not limited to, any Order) that is identified with Customer’s password and Account number to Dsdaq from persons that Dsdaq, in its sole judgment, believes are apparently authorized by the Customer. The Service may include or make available certain information (the “Information”). Information includes: (1) bid prices or ask prices, account positions, balances, transactions, confirmations, and order history; (2) general news and information, commentary, research reports, educational material and information and data concerning the financial markets, financial instruments and other subjects; (3) market data such as quotations for financial instruments, transactions and/or last sale information for completed financial instrument transactions reported; (4) financial and investment interactive tools, such as alerts or calculators; (5) company names, logos, product and service names, trade names, trademarks and services marks; and (7) any other information, content, services, or software. Certain information is furnished by third parties, Such information includes, any information, content, service or software made available by or through social media websites, blogs, wikis, online conferences, telecasts, podcasts, and other forums. Third Party information may be available through framed areas or through hyperlinks to the Third-Party Providers’ websites. Information posted on Dsdaq is published as of its stated date or, if no date is stated, the date of first posting. Neither Dsdaq nor the Third-Party Providers have undertaken any duty to update any such information. You will not hold Dsdaq and/or any Third-Party Provider liable in any way for (a) any inaccuracy of, error or delay in, or omission of the Information; or (b) any loss or damage arising from or occasioned by i) any error or delay in the transmission of such Information; ii) interruption in any such Information due either to any negligent act or omission by any party or to any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction), or iii) to any other cause beyond the reasonable control of Dsdaq and/ or Third-Party Provider, or iv) non-performance. Neither Dsdaq nor the Third-Party Providers make any representations, warranties or other guarantees as to the accuracy or timeliness of any price quotes. Dsdaq expects that these prices will be reasonably related to the bid prices and ask prices available in the market at that time for similar transactions, but a number of factors, such as communication system delays, high volume or volatility can result in deviations between prices quoted by Dsdaq and other sources. Dsdaq makes no warranty, express or implied, that Bid Prices and Ask Prices represent prevailing bid prices and ask prices. If the Customer loses funds due to the difference in quotations, Neither Dsdaq nor the Third Party Providers is not responsible for this. Order Execution. Dsdaq will attempt to execute all Orders that it may, in its sole discretion, accept from Customer in accordance with Customer’s instructions received through the Dsdaq Apps. In cases where the prevailing market represents prices different from the prices Dsdaq has posted on its Apps, Dsdaq will attempt, on a best efforts basis, to execute trades on or close to the prevailing market prices. This may or may not adversely affect Customer realized and unrealized gains and losses. Customer acknowledges, understands and agrees that Dsdaq is not acting as an agent, advisor or in any fiduciary capacity. Notwithstanding the provisions of this paragraph, Customer acknowledges, understands and agrees that orders can be executed at prices different from those that the Customer sees on the Apps. Trade Matching. Dsdaq uses a trade matching system operated by third parties. Dsdaq shall have the right, in the sole discretion of Dsdaq, to act for its own account, and as a counterparty or as a broker to Customers in the making of markets, including without limitation, over any trade matching network in use by Customers and/or the general public. Position & Trading Limits. Dsdaq reserves the right to limit the number of Open Positions that Customer may enter or maintain in Customer’s Account. Dsdaq reserves the right, in its sole discretion, to refuse to accept any Order opening a new position or increasing an Open Position.
Customer shall provide to and maintain with Dsdaq margin funds in such amounts, and within such limits as Dsdaq or the Third Party Liquidity Providers, in its sole discretion, may from time to time require in order to provide Service. Dsdaq or the Third Party Liquidity Providers may change margin requirements at any time, without prior notice to Customer: (x) any time Customer’s margin balance falls below Dsdaq or the Third Party Liquidity Providers minimum margin requirement as applied to that Account; and (y) any time Dsdaq or the Third Party Liquidity Providers, in its sole discretion, believes that it is prudent to do so. Dsdaq or the Third Party Liquidity Providers may at any time liquidate Customer’s open positions or withdraw funds from the Customer’s account without notice: (x) to ensure that actual margin equals or exceeds required margin; and (y) to satisfy any payment obligation to Dsdaq or the Third Party Liquidity Providers.
Commissions, Margin Financing and Other Costs
The Customer shall be obliged to pay Dsdaq the commissions, margin financing and other costs set out on the Website or Apps. Dsdaq will display all current commissions, margin financing and other costs on its Website or Apps. Dsdaq may vary commissions, margin financing and other costs from time to time and shall provide Customers with notice thereof. All changes in commissions, margin financing and other costs are displayed on the Website or Apps.
Dsdaq retains all right, title and interest in and to this Website and Apps and services, including all copyrights, patents, trade secrets, trademarks, other intellectual property rights, trade names, logos, slogans, custom graphics, button icons, scripts, videos, text, images, software, code, files, content, information and other material available on Dsdaq Website and Apps and nothing on this Website may be copied, imitated or used, in whole or in part, without our Dsdaq's written permission. You may only access, use and print the information and material on this Website and Apps for non- commercial or personal use provided that you are authorized to access such information or material and keep intact all copyright and proprietary notices. You must not otherwise reproduce, adapt, store, transmit, distribute, print, display, commercialize, publish or create derivative works from any part of the content, format or design of Dsdaq Website and Apps. Anti-Money Laundering Dsdaq insists on a comprehensive and thorough customer due diligence process and implementation and ongoing analysis and reporting. This includes monitoring of suspicious transactions and mandatory reporting to international regulators. Dsdaq needs to keep certain information and documentation on file pursuant to applicable law and its contractual relationships, and Dsdaq hereby expressly reserves the right to keep such information and documentation. Dsdaq reserves the right to refuse registration to, or to bar transactions from or to, or terminate any relationship with, any customer for any reason (or for no reason) at any time. This includes, but is not limited to, anyone from or in jurisdictions that do not meet international AML–CTF standards as set out by the FATF; anyone that is a Politically Exposed Person within the meaning of the FATF’s 40 Recommendations; or, anyone that fails to meet any customer due diligence standards, requests, or requirements of Dsdaq. At all times, you may be subject to enhanced customer due diligence procedures in your use of the Website and Apps. Dsdaq reserves the right to request additional information from Customers pursuant to the Dsdaq AML Program and may withhold any payments (including account balance transfers) to Customers who fail to provide requested information in connection with same. For the avoidance of doubt, it is Dsdaq’s policy to request such additional information, among other circumstances, in all cases where the aggregate amount of a Customer’s withdrawals of funds taken from such Customer’s Dsdaq account exceeds the equivalent of USD 2,000, irrespective of whether such amounts are attributable to profits derived from such Customer’s positions taken using the Service or are attributable to previously deposited amounts.
You acknowledge that:
1. The information provided on the Website the Apps is for general information purposes only and is given in good faith, You must only act upon such information at Your own risk, knowing that Dsdaq will not be held liable for any resulting losses or damages. 2. Dsdaq does not warrant that the use of the Website will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Website, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Website and the Apps. Dsdaq is not in any way responsible for any such interference that prevents Your access or use of the Website and the Service. Dsdaq is not responsible for any losses, expenses, costs, or damages resulting from interruptions, errors, or interferences. 3. Customer does not intend to hinder, delay or defraud Dsdaq or any other Customers of the Website or engage in any illegal conduct and or unlawful activity in relation to money laundering, receiving the proceeds of drug trafficking or terrorist activities; receiving the proceeds of criminal activities, terrorist activities or trading with such countries as might from time to time be subject to any embargo imposed by the Security Council of the United Nations, the European Union or in any place of the world. 4. By using this Service You confirm that You understand that the timely operation of the Internet and the World Wide Web is governed by constraints beyond the control of Dsdaq You accept that Dsdaq is not liable for any perceived slow operation of the Website and Apps, or any damages or losses that could result from slow operation of the Website and Apps. 5. By using this Service You accept that all trade executions are final and irreversible, and that Dsdaq is not liable for the results of any trades/executions. 6. By using this Service You accept that Dsdaq reserves the right to liquidate any trades at any time regardless of the profit or loss position. 7. It is our responsibility to maintain an orderly market and as such we may at our own discretion halt trading on the Website and the Apps or limit access to the Website and the Apps due to market disruption, service maintenance or any other relevant events. We exclude all liability for any claimed losses or profits lost as a result of us halting trading.
Termination & Remedies for Breach of these Terms
1. Dsdaq reserves the right at our own discretion to close Your Account with at least 24-hour notice. If at the expiry of that period, your positions are still open, Dsdaq will close them. 2. Dsdaq may freeze any Account in the event that Dsdaq suspects or have evidence that You are engaged in suspicious trading or other activity or have breached any of the above terms or warranties. This may result in the unwinding of any trades You have entered into, including the liquidation of any open positions. Dsdaq expressly exclude any losses or profits You would have made as a result of us closing Your trade positions early or You not being able to trade on the Apps and You agree to indemnify Dsdaq completely against any third-party action resulting from Your conduct or us having to close Your positions early. While Your Account is frozen Dsdaq will investigate and may require You to cooperate with our enquiries. During the investigation stage You may not be able to make deposits or withdrawals to your Account nor will You be able to trade or open any new positions. At the end of the investigation Dsdaq may, at our own discretion, decide to close Your Account for which we are not required to provide You with any reasons for the same.
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed and enforced in accordance with the laws of Saint Vincent and the Grenadines.
To resolve any dispute, controversy or claim between the Customer and Dsdaq shall be held harmless for partial or absolute default on their respective obligations under the Agreement, if such default is caused by the circumstances of insuperable force that occurred after execution of the terms and conditions as result of extraordinary events, i.e. natural disasters, epidemics, fires, floods, explosions, military activities. The Customer or Dsdaq affected by the circumstances of insuperable force shall, within five (5) business days, notify the Customer or Dsdaq on such circumstances providing independent evidence of existence of the circumstances of insuperable force issued by a relevant government or administrative authorities.
Arising out of or relating to this Agreement or the breach thereof, the Parties agree first to negotiate the issue in good faith for a period of not less than thirty (30) days following written notification of such controversy or claim to the other Party. If the negotiations do not resolve the dispute, controversy or claim to the reasonable satisfaction of all Parties during such period, then the Parties irrevocably and unconditionally submit to the respective claim to the binding arbitration administered by the competent court of Saint Vincent and the Grenadines in accordance with the rules of the arbitral tribunal, in English language, in writing on the basis of the documents submitted.
If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the Agreement, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions of the Agreement without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.