The Terms and Conditions (the "T&C") apply to the buyer of the DGX Token and user of the Dgenex Exchange platform. PLEASE READ THESE TERMS CAREFULLY BEFORE PARTICIPATING TO THE TOKEN SALE. THE T&C AFFECT YOUR OBLIGATIONS AND LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS AND LIMITATION OF LIABILITY. IF YOU DO NOT AGREE TO THESE TERMS OF SALE, DO NOT PURCHASE DGX TOKENS. By purchasing the DGX token during the token sale period (hereinafter the "Token Sale"), you will be bound by these T&C, and all terms incorporated by reference. Your purchase of DGX Tokens is subject to these T&C.
The following T&C constitute the agreement (the "Agreement") between Dgenex and you with respect to the purchase of the DGX tokens. By using our services, you are agreeing to be bound by the T&C in its latest version. You are aware that Dgenex may change this T&C at any time at its sole discretion. Your continued use of the DGX tokens or your continued hold of the DGX tokens, means that you accept any new or modified terms.
The Company intends to launch an Initial Coin Offering (ICO) by issuing a token which will finance the cost of creating and operating the cryptocurrency exchange
In order to finance its platform and marketing activities, Dgenex plans to issue an Ethereum-based token, as it is currently the case with many ICOs.
DGX token functions as a utility token on the Dgenex platform, DGX Token does not have the legal qualification as a security, since it does not give any rights on dividends or interest.DGX Token does not have the legal qualification as a payment token, since it is not intended to be used as a means of payment to acquire goods or services by third parties, or a means of money or value transfer.DGX Token is final and non-refundable.DGX Token is not a share and does not give any right to participate in the general meetings of the Company.
Any User purchasing Token expressly acknowledges and represents that she/he has carefully reviewed the T&C and fully understands the risks, costs and benefits associated with the purchase of this token as indicated in the T&C.
The User undertaking to purchase DGX tokens in relation to the Token Sale should ensure that she/he understands and has significant experience of cryptocurrencies, blockchain systems and services, and that she/he fully understands the risks associated with the Token Sale as well as the mechanism related to the use and custody of cryptocurrencies.
Dgenex shall not be responsible for any loss of DGX Token or situations making it impossible to access to DGX Token.
Acquiring and storing DGX Token involves various risks, in particular that Dgenex may not be able to further develop its platform. Therefore, and prior to acquiring DGX Token, any User should carefully consider the risks, costs, and benefits of acquiring DGX within the Token Sale, and, if necessary, obtain independent advice in this regard. Any interested person who is not in the position to accept nor to understand the risks associated with the activity or any other risks as indicated in the T&C, should not acquire DGX Token, at this stage or later.
The T&C shall not and cannot be considered as an invitation to enter into an investment. They do not constitute or relate in any way nor should they be considered as an offering of securities in any jurisdiction. The T&C do not include or contain any information or indication that might be considered as a recommendation or that might be used to base any investment decision. This document does not constitute an offer or an invitation to sell shares, securities or rights belonging to Dgenex r any related or associated company.
Any information in the T&C is given for general information purpose only and is relevant to the day it has been written and Dgenex does not provide with any warranty as to the accuracy and completeness of this information now or in the future.
Dgenex is an operative entity and not a financial intermediary and is not required to obtain any authorization for Anti Money Laundering purpose.
Regulatory authorities are carefully scrutinizing businesses and operations associated to cryptocurrencies in the world. In that respect, regulatory measures, investigations or actions may affect Dgenex's business and even limit or prevent it from developing future operations. Any person undertaking to acquire DGX Token must be aware that the DGX business model and the T&C may change or need to be modified because of new regulatory and compliance requirements from any applicable laws in any jurisdictions. In such case, any person undertaking to acquire DGX Token acknowledge and understand that neither Dgenex nor any of its affiliates shall be held liable for any direct or indirect loss or damages caused by such changes.
Dgenex will do its best to launch all of its operations in time and further develop the Dgenex platform according to its roadmap. .
Acquiring DGX Token shall not grant any right or influence over Dgenex's organization and governance to the Users. These tokens will be issued by a technical process referred to as a "Blockchain". This is an open source IT protocol over which the Company has no rights or liability in terms of its development and operation. The token distribution mechanism will be controlled by a Smart Contract; this involves a computer program that can be executed on the Ethereum network or on another blockchain network that is compatible with the Smart Contract programming language. User acknowledge and understand therefore that Dgenex (incl. its bodies and employees) assumes no liability or responsibility for any malfunction, unplanned function or unexpected operation of the Ethereum protocol may cause the DGX Token to malfunction or operate in a way that is not expected.
By participating in the Token Sale, the User agrees to the T&C and in particular, they represent and warrant that they:
i are authorized and have full power to purchase DGX Token according to the laws that apply in their jurisdiction of domicile;
ii are not a U.S. citizen, resident or entity (a "U.S. Person") nor are they purchasing DGX Token or signing on behalf of a U.S. Person;
iii are not a Chinese resident or entity nor are they purchasing DGX Token or signing on behalf of a Chinese resident;
iv are familiar with all related regulations in the specific jurisdiction in which they are based and that purchasing cryptographic tokens in that jurisdiction is not prohibited, restricted or subject to additional conditions of any kind;
v are not acting for the purpose of speculative investment;
will not use the Token Sale for any illegal activity, including but not limited to money laundering and the financing of terrorism;
vi are solely responsible for determining whether the acquisition of DGX Token is appropriate for them;
vii understand the risks associated with the Token Sale (incl. the risks related to the non-development of Dgenex platform and operations) and
viii understand the use of cryptocurrencies and its associated risks.
Dgenex, as well as its officers, directors, agents, joint ventures, employees, suppliers and advisors and anyone on its behalf, assumes no liability or responsibility for any loss raised from the Token sale, arising out of or related to the use of the Dgenex platform or any technical, interruption or malfunction of the Dgenex platform.
If any of the provisions of the T&C or of the Agreement are deemed to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect.
All disputes arising from or under these T&C do not qualify for legal claims or actions and shall be resolved by arbitration. The arbitration panel shall consist of one arbitrator only. The arbitral proceedings shall be conducted in English.