Last Updated; November 21 , 2022
Especially by making use of NEO Dash and NEO X services, you acknowledge and agree that;
1. 1.You are aware of the risks associated with transactions of virtual assets and their derivatives; 2.You shall assume all risks related to the use of NEO Dash and NEO X services and transactions of virtual currencies and their derivatives, where there is a substantial risk that you lose money buying, selling, holding, or investing in Virtual currencies; and 3.NEO Dash / NEO X will not be liable for any such risks or adverse outcomes
1. 1 1.“NEO Dash / NEO X” means a virtual asset service provider that combines international exchanges’ ecosystem platforms with a robust liquidity system with over 50 partners worldwide. It operates as a virtual asset service provider and regulated under the Laws and regulations of Estonia. NEO Dash is linked to several markets, producing the world’s liquidity pool and it covers multiple platforms of iOS, Windows, Mac and supports full business functions. 2.“Virtual Asset” means a digital representation of value that can be digitally traded, or transferred, and can be used for payment or investment purposes. Virtual assets do not include digital representations of fiat currencies, securities and other financial assets that are already covered elsewhere in the FATF Recommendations. 3.“Virtual Asset Service Providers” means any natural or legal person who is not covered elsewhere under the recommendations, and as a business conducts one or more of the following activities or operations for or on behalf of another natural or legal person: 1.exchange between virtual assets and fiat currencies; 2.exchange between one or more forms of virtual assets; 3.safekeeping and/or administration of virtual assets or instruments enabling control over virtual assets; and 4.participation in and provision of financial services related to an issuer’s offer and/or sale of a virtual asset. 4.“Personal Data” means any information in respect of commercial transactions, which 1.is being processed wholly or partly by means of equipment operating automatically in response to instructions given for that purpose; 2.is recorded with the intention that it should wholly or partly be processed by means of such equipment; or 3.is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system,
that relates directly or indirectly to a data subject, who is identified or identifiable from that information, or from that and other information in the possession of a data user, including any sensitive personal data and expression of opinion about the data subject;
2. 1 1.“User(s) '' means any natural person who has attained the age of 18 with legal competence and/or any legal entity with legal capacity, successfully creates an account in NEO Dash / NEO X Website and completes the process of Know Your Client (“KYC”). Such User is considered to be the client of NEO Dash / NEO X. 2.“Authorized person of the Entity” means any natural person appointed by the entity under a letter of authorization to (a)sign in, (b) open an account and (c) to carry out transactions in NEO Dash / NEO X 3.“Letter of Authorization” means the letter provided by any legal entity which attests that the individual filling up the KYC has the legal authority to open the corporate account at NEO Dash / NEO X, sign in and carry out transactions on behalf of the entity. Such letters shall be signed, stamped, and dated (not less than 6-month-old). The letter shall include the company's full name and full names of UBO, who is authorizing the “Authorized person of the Entity”. In the event of any changes of the Authorized person of the Entity, the entity shall report to NEO Dash / NEO X in writing immediately without fail. 4.“Document(s)” includes 1.any medium in which data is recorded, whether printed, or on tape, or film or by electronic means, or otherwise; 2.map, diagram, photograph, film, microfilm, video-tape, sound recording, or machine-readable record; 3.any record which is capable of being produced from 1.a machine-readable record by means of equipment or a programme, or a combination of both, or 2.any equipment or a programme, or a combination of both, and is used for that purpose by the public body or private body which holds the record; 5.“Transaction” refers to the transfer of currency between two virtual wallets. A transaction is submitted to a public ledger to await confirmation before the trade can be completed. During a transaction, an encrypted electronic signature based on a mathematical formula is required as proof of ownership. The confirmation process is conducted by people called miners or validators. 6.“Public Ledger” means, once a transaction is confirmed by a miner or validator, it is stored in a public ledger called a blockchain. The public ledger verifies ownership of the virtual asset and ensures the legitimacy of record keeping due to its immutability. 7.“Validating” means, the process of confirming transactions before they can be added to the public ledger. There are different types of validating, based on the virtual asset. The most famous is bitcoin mining, used for bitcoin, the first and best-known virtual asset. A bitcoin miner must be able to solve a computational puzzle, called proof-of-work, to prevent the exploitation of virtual asset mining. Miners receive a virtual asset commission for their work. 8.“GDPR” means the General Data Protection Regulation which is Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance), OJ L 119, 4.5.2016. If your country of residence is based within the European Economic Area (“EEA”) and the GDPR applies to our processing of your personal data (within the meaning of GDPR), If your Country of Residence is outside of the EEA, provisions related to the GDPR shall not apply to your use of the Services. 9.“arbitration” means a process of settling a dispute between parties before an arbitral tribunal, and includes any arbitration mutually agreed by both parties. 10.“Prohibited Use or Business” refers to, 1.any unlawful activity which violates any law of BVI and International forum 2.any abusive activity such as transmitting or uploading any material to the site that contains viruses, Trojan horses, worms, or any other harmful programs, 3.any use of fraud activity which operates to defraud NEO Dash / NEO X services 4.any use of gambling activity 5.any activity in engagement with involving items that infringe or violate any of the copyright, trademark, right of publicity or privacy or any other proprietary right, name, logo or brand of the NEO Dash / NEO X account 6.any restricted financial services, 7.any sales, distribution or access to counterfeit software 8.any sales or resale of brand name or designer products, or services that are illegally imported or exported or which are stolen, 9.any business related to marijuana dispensary, sale of tobacco, e-cigarettes, e-liquid, online prescription or pharmaceutical services, age restricted goods or services, weapons and munitions, gunpowder and other explosives, fireworks, toxic, inflammable and radioactive materials 10.any sales of narcotics, controlled substances or any equipment or tools designed for making or using drugs 11.any business related to products that make health claims that have not been approved or verified by the applicable local or national governmental authority 12.any sale of a legal substance that provides the same effect of an illegal drug 13.any services or business related to pornography and other obscene materials, sites offering any services related to prostitution and sexual related services. 14.any business which has financial risk, legal liability or violations of any regulations
2.GENERAL TERMS & APPLICABLE LAW
1. 1.Registration of NEO Dash / NEO X Account
In order to sign up a NEO Dash / NEO X account, you must register in the NEO Dash / NEO X services. By using the NEO Dash / NEO X account, you agree and represent that you will use the NEO Dash / NEO X account for yourself, and not on behalf of any third party, unless you have obtained prior legal approval from NEO Dash / NEO X.
The NEO Dash / NEO X Services can be accessed directly using the NEO Dash / NEO X.com site and NEO Dash / NEO X mobile application. Access to NEO Dash / NEO X services may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to buy or sell for periods of time and may also lead to support response time delays. NEO Dash / NEO X shall not be liable for any losses resulting from or arising out of transaction delays.
1. 1.Account Security 1.NEO Dash / NEO X has been committed to maintain the security of User entrusted funds, and has implemented industry standard protection. 2.You shall agree to treat your access credentials (Username & Password) as confidential information, and not to disclose such information to any third party. 3.You also agree to be solely responsible for taking the necessary security measures to protect your account and personal information. 4.In order to circumvent loss, misuse, unauthorized acquisition or alteration of your data, Users are requested to choose the strongest password and to take appropriate steps to logout from NEO Dash / NEO X at the end of each visit. 5.In the event of any unauthorized access, the NEO Dash / NEO X insists the User to notify the customer support immediately. 6. NEO Dash / NEO X will never under any circumstances ask you for Username, IDs, Passwords, any authentication codes, and we assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of NEO Dash / NEO X and/or failure or act on any notices or alerts that we may send you.
4.NEO Dash / NEO X SERVICES
1. 1.Services provided by NEO Dash / NEO X
NEO Dash / NEO X services (“Services”) refers to various services provided to you such as Virtual Spot Wallet, Crypto-Crypto Spot Trading and Exchange services, Virtual Asset-Fiat Transactions (through collaborating service providers), and Initial Coin/Exchange Offerings (Security tokens are excluded).
NEO Dash / NEO X permits you a revocable, limited, non-transferable and non-sub-licensable license to access and use Services through any compatible devices for your personal purposes. You are prohibited to use our services for resale or commercial purposes, including transactions on behalf of other persons or entities without Legal authorization from NEO Dash / NEO X.
In the event of attempt to access any part of function of the properties without authorization or any networks of NEO Dash / NEO X services, violate any security or authentication measures or impersonate or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you sent to NEO Dash / NEO X or using our Services in any illegal manner, and creating a substantial doubt of any suspicious activity or suspicious transfer of virtual currency, the NEO Dash / NEO X shall take the below mentioned actions under relevant regulations without your consent or prior notice;
1. 1.Suspend the account temporarily 2.Freezing your account 3.Reporting the incident to the relevant authorities 4.Deleting any information, you published that are found to be violations 5.Terminate your account
1. 1.By accessing or using our Platform, you are voluntarily choosing to engage in sophisticated and risky asset transactions. You are further acknowledging that you are aware of the inherent risks associated with using cryptographic and blockchain-based systems including, but not limited to, risks of financial loss, technology glitches and hacking. We work hard to provide state-of-the-art systems and security. Nonetheless, certain issues and risks are unavoidable, and if such issues or problems arise in connection with your use of our Platform, including technical difficulties with depositing or trading cryptocurrencies, it may take days, weeks, or months to resolve, and some issues may not be resolved at all. 2.You further understand that the markets for digital assets are highly volatile due to factors including but not limited to, adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all of their value while they are supplied and you may suffer loss due to the fluctuation of prices of tokens in a trading pair or liquidity pool, and, especially in expert modes, experience significant price slippage and cost. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks, and cannot be held liable for any resulting losses that you experience while accessing or using the Platform. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Platform. 3.Future Trading
Future Contract is an agreement to buy or sell an asset at a future date for a fixed price. Generally, it is used by traders to lock in profits when trading in volatile markets.
You further understand and acknowledge the following FUTURE TRADING TERMS;
1. 1.As a future trader, you acknowledge and agree that you shall access and use the futures trading services at your own risk and you will be solely responsible for any trading / non-trading activity in a NEO Dash / NEO X account. 2.You shall not enter into any transactions or invest in funds that are above your financial abilities. Failure to maintain a sufficient amount of assets in your account can result in insolvency of assets in your future account and hereby, you agree and consent to maintain your NEO Dash / NEO X futures account a sufficient amount of blockchain assets required by NEO Dash / NEO X to engage in future trading. 3.You acknowledge and agree to trade in bona fide. In the event NEO Dash / NEO X suspects your account to be in violation of this term, NEO Dash / NEO X shall have the right to immediately suspend, freeze or lock the Virtual Assets or funds in all such accounts. 4.You acknowledge and agree that you conduct all futures trading on your own account and claim full sole responsibility for your activities. NEO Dash / NEO X shall not take any responsibility for any losses or damages incurred as a result of your use of any Services or your failure to understand the risks involved associated with assets. 5.NEO Dash / NEO X reserves the right to suspend or terminate the future Service at any time. 6.You acknowledge and agree that you fully understand the high risk of Futures Trading AND YOU HAVE READ AND UNDERSTOOD ALL THE CONTENTS OF NEO Dash / NEO X FUTURE SERVICE TERMS AND THE RELEVANT NEO Dash / NEO X RULES. 1.Margins Trading
Margin trading is borrowing money from a brokerage company and using that money to buy stocks. It is a form of leverage, which investors use to magnify their returns. Margin trading involves trading an asset such as Bitcoin and hinges on the use of borrowed funds to further capitalize on the future price movements of an underlying asset.
You further understand and acknowledge the following MARGIN TRADING TERMS;
6.SUSPENSION, FREEZING, RESTRICTION, CANCELATION, DEACTIVATION OR TERMINATION
7.DEATH OF USER
In the event of a death of User, who is a natural legal person;
1. 1.by receiving a legal document confirming your death or any information leading us to believe that you have died, we will freeze your NEO Dash / NEO X Account and no transactions shall be permitted. 2.Upon receiving the legal document such as Death Certificate, Probate document, or letter of administration or a valid Will or Similar testamentary document of the deceased’s account, NEO Dash / NEO X shall grant access to the designated fiduciary. 3.If we determine, in our sole and absolute discretion, that there is uncertainty regarding the validity of the fiduciary designation, we reserve the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your NEO Dash / NEO X Account.
8.LIQUIDATION OF USER
In the event of liquidation of a Corporate Client which is a legal entity;
1. 1.Legal entity may upon any (a) voluntary or involuntary liquidation, (b) bankruptcy, or (c) liquidation by any court order or authority, shall request to claim the asset owned in the NEO Dash / NEO X account. 2.In such circumstances, the Authorized person of the Entity shall have the right to claim such Virtual Asset as mentioned in Clause 8(I). 3.Upon receiving the legal document related to the liquidation of the entity, submitted by the Authorized person of the Entity, the Corporate Client shall receive the right to sell or transfer the Virtual Asset. By agreeing this term, you acknowledge that you are aware that NEO Dash / NEO X does not provide withdrawal of Virtual Asset.
If NEO Dash / NEO X is holding funds (Virtual Assets) in your Account and is unable to contact you and has no any record of your use of Services for several years, NEO Dash / NEO X may report these funds in your account as “ Unclaimed Property” to the applicable authority in accordance to the relevant laws of BVI.
10.FORCE MAJEURE CLAUSE
11.LIMITATION OF LIABILITY
In no event shall NEO Dash / NEO X, its affiliates and service providers or any of the respective officers, shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, joint ventures or contractors, be liable for any special, incidental, indirect, intangible, punitive, consequential damages or any lost profits, diminution in value, any loss, damage, breach of data arising out of Services , any performance or non-performance of Services or other product provided by or on behalf of NEO Dash / NEO X and its affiliates, whether under tort, contract, statute, strict liability, negligence or otherwise arising out of or in connection with authorized or unauthorized use of NEO Dash / NEO X website or Services or contract even if an authorized representative of NEO Dash / NEO X has been advised of or knew or should have known of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy or compensation of its essential purpose, except to the extent of a final judicial determination that such damages were result of NEO Dash / NEO X’S gross negligence, fraud, willful misconduct or intentional violation of law. some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
12.DISCLAIMER OF WARRANTIES
To the maximum extent permitted under applicable law, Services, NEO Dash / NEO X materials and any product, service or other item provided by or on behalf of NEO Dash / NEO X are offered on an “ as is'' and “as available” basis, without any representation or warranty, whether NEO Dash / NEO X expressly, impliedly or statutorily disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, NEO Dash / NEO X does not represent or warrant that the site, NEO Dash / NEO X services or NEO Dash / NEO X materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Further NEO Dash / NEO X does not guarantee that any order will be executed, accepted, recorded or remained open. Except for the express statements, agreements and rules set forth in these terms. You hereby, acknowledge that information you store or transfer through Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, force majeure event or other disasters including third party distributed denial of services (DDoS) attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our services.
You agree and acknowledge to indemnify and hold NEO Dash / NEO X, its affiliates, service providers, directors, agents, respective officers, employees, joint venturers, representatives, contractors, licensors from any and all claims, demands, loss, proceedings, suits or damages, cost or expenses including attorney’s fees, any fines, fees or penalties imposed by any regulatory authority arising out of or related to any violation or breach of this agreement or any applicable law, regulations or rights of any third party. In such circumstances, NEO Dash / NEO X reserves the right in sole discretion to control any action or proceedings in the manner it wishes to settle it.
NEO Dash / NEO X has adopted this Complaints procedure in order to ensure a fair and quick process for handling all complaints that may arise
1. 1.If you have any complaints or other inquiries, your first step is to contact us via email to [email protected] 2.Your complaint should include the following details:
2. 1.Full Name 2.Registered Email 3.Trading Account Number 4.A summary of your compliant and the disputed amount 1.We at NEO Dash / NEO X will acknowledge receipt of your compliant within Eight (8) working days from the receipt of your compliant 2.In any exceptional circumstances, if the representative is unable to respond your complaint within 8 working days beyond the NEO Dash / NEO X’s Control, the representative will send you a communication indicating the reasons for any delay in answering your Complaint, and specifying the deadline by which the representative will respond to your Complaint, which will be no later than 14 working days from our receipt of your complaint. 3.We shall make every effort to investigate your complaint and provide you with outcome of our investigation within one (1) month from the date you submitted your complaint to us. 4.In the event if your complaint requires further investigation and we cannot resolve it within one (1) month, we will issue a holding response in writing or another durable medium. When a holding response is sent, it will indicate the causes of the delay. 5.In any event, we shall provide you with the outcome of our investigation no later than two (2) months from the issuing of the holding response, depending on the complexity of the case and your cooperation. 6.In the event, when we reach any outcome, we will inform you of it together with an explanation of our position and any remedy measure if applicable. 7.Please note that NEO Dash / NEO X shall consider your complaint as closed and cease the relevant investigation in case you fail to respond to our officers within the period of one (1) month from the date of the submission of your complaint. 8.IN ANY CIRCUMSTANCES, FAILURE TO FOLLOW THE ABOVE-MENTIONED COMPLAINTS RESOLUTION PROCESS OF THESE TERMS, BEFORE FILING AN ARBITRATION CLAIM OR SUIT IN ANY LOCAL SMALL CLAIMS COURT OR INSTITUTION, WE SHALL HAVE THE RIGHT TO ASK THE ARBITRATOR TO DISMISS YOUR FILING OF COMPLIANT, UNLESS YOU COMPLETE THE INTERNAL COMPLAINTS RESOLUTION PROCESS .
15.DISPUTE RESOLUTION PROCESS
16.CLASS ACTION WAIVER
You and NEO Dash / NEO X agree that, to the extent permissible by Law, all claims must be brought in a party’s individual capacity, and not on a class, representative or collective basis, and the parties hereby agree to waive all rights to have any dispute be brought, heard, administered, resolved or arbitrated on a class, collective, or representative basis.
Disputes of more than one User cannot be arbitrated or consolidated with those of any other User. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including NEO Dash / NEO X. Further, you acknowledge that, by agreeing to these terms, you and NEO Dash / NEO X are each waiving the right to a trial by jury and the right to participate in a class action.