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Submitted URL: http://app.dexter.zone/
Effective URL: https://app.dexter.zone/
Submission: On March 28 via api from FI — Scanned from NL
Effective URL: https://app.dexter.zone/
Submission: On March 28 via api from FI — Scanned from NL
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<p class="chakra-text css-fseg4a"> 1 XPRT ≈ -- ATOM</p>
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About
Terms & Conditions
Please review these Terms of Use of Dexter (the "Terms") carefully, as they set
forth legally binding terms and conditions between you and the Company (as
defined below) that govern your access and/or use of: (a) the website located at
https://dexter.zone/ (the "Website"); (b) the Dexter Smart Contracts (as defined
below); and (c) the Persistence Chain (as defined below) on which the Dexter
Smart Contracts (as defined below) are deployed, including related trademarks,
and other intellectual property, whether such access and/or use is via (i) the
Website ("Website Access") or (ii) command line, locally installed programs,
Software Development Kits ("SDK"), software code and blockchain and smart
contract explorers (collectively "Direct Access"). These Terms are to be read
together with the provisions set forth in our privacy policy found at [••]
("Privacy Policy").
For purposes of these Terms, the Website, the Dexter Smart Contracts and
Persistence Chain shall be collectively referred to as "Dexter". By accessing
and/or using Dexter, you ("you" or the "User") agree to these Terms on behalf of
yourself and any entity you represent, and you represent and warrant that you
have the right and authority to do so.
Dexter is not intended for (a) access and/or use by Excluded Persons (as defined
below); or (b) access and/or use by any person or entity in, or accessing or
using the Website from, an Excluded Jurisdiction. Accordingly, Excluded Persons
(as defined below) should not access and/or use Dexter.
The Website is owned and operated by Vincere OpCo Pte. Ltd. ("Company"), an
entity formed under the laws of the British Virgin Islands and the Dexter Smart
Contracts (as defined below) are copyrighted works belonging to the Company
and/or its Affiliate(s) (each of User and Company, a "Party", and collectively,
the "Parties").
You acknowledge that you shall be deemed to have accepted these Terms by
accessing and/or using Dexter–whether by Website Access or Direct Access.
Company reserves the right to change these Terms in its sole discretion from
time to time. The "Date Last Revised" specified on these Terms indicates the
date on which the Terms were last changed. You will be notified of those changes
and given the opportunity to review and accept the updated Terms when you next
access and/or use Dexter. Your acceptance of, and/or your continued access
and/or use of Dexter following notice of, the updated Terms shall indicate your
acknowledgement of, and agreement to be bound by, such the updated Terms.
1. Overview of Dexter
1.1 Dexter has been developed by Company to enable Users to undertake any one or
more of the following ("Dexter Activities"):
(a) effect Token Swaps (as defined below) of digital assets supported by Dexter
("Dexter Supported Tokens") on the Persistence Chain and across other
IBC-enabled blockchains ("Dexter Supported Blockchains") on a non-custodial
basis;
(b) provide liquidity ("Liquidity Provision") in respect of Dexter Supported
Token pairs and/or compositions of more than two Dexter Supported Tokens (as the
case may be) (collectively, "Liquidity Token Composition") by way of :
(i) transfer of such Liquidity Token Composition to a Dexter Supported
Blockchain address associated with a liquidity pool smart contract ("Liquidity
Pool") which is a part of the Dexter Smart Contracts designated for
non-custodial holding of Dexter Supported Token pairs with a view to providing
liquidity to facilitate other Users' Token Swaps; and
(ii) in return, receive Liquidity Pool tokens ("LP Tokens") representing the
proportion of overall liquidity contributed by User in the respective Liquidity
Pool, which LP Tokens may be used in conjunction with other composable features
or platforms; and
(c) effect Liquidity Provision through single-sided liquidity provision –
whereby a User who wishes to apportion the relevant proportion of such User's
Dexter Supported Token(s) (of a single type) to be swapped for another Dexter
Supported Token-type using Token Swap in order to compose the relevant Liquidity
Token Composition for the relevant Liquidity Pool – can do so in a seamless
manner using the single-sided liquidity provision function on Dexter; and
(d) such other functions or features as may be provided through Dexter.
1.2 Dexter enables Users to undertake Dexter Activities through the use of use
of smart contracts comprising computer code written based on various blockchain
standard and programming languages (collectively, "Dexter Smart Contracts")
developed and published by Company or its Affiliate(s) at Dexter's official
Github page ("Github Page").
1.3 For purposes of these Terms:
(a) "Affiliates" of an entity means the owners, directors, officers, employees,
advisors, and agents of such entity and companies in which such entity has an
interest;
(b) "Affiliates" of an entity means the owners, directors, "Persistence Chain"
means the blockchain known as Persistence Core-1 chain developed based on the
Cosmos SDK;
(c) "Dexter Documentation" means the document repository accessible at
https://[. ] and all its associated links;
(d)"IBC" means the Inter-Blockchain Communication Protocol; and
(e)"Supported Wallet" in relation to Dexter, means such digital wallet of User
as may be supported by Dexter;
(f)"Token Swap" refers to the function on Dexter which enables a user to swap
one Dexter Supported Token with another from the liquidity provided in the
relevant Liquidity Pool;
a reference to:
(a) a "person" includes a reference to any individual, body corporate,
unincorporated association or partnership;
(b) an agreement or other document is a reference to that agreement or document
as from time to time supplemented or amended;
(c) the masculine gender includes the feminine and neuter genders and vice
versa;
(d) the singular includes the plural and vice versa; and
(e) any law or regulation is a reference to that law or regulation as amended
from time to time and, where the same has been repealed, to any re-enactment or
replacement of the same.
1.4 Website Access
(a) The Website is a user interface designed by Company to facilitate use of the
Dexter Smart Contract by providing a user-friendly interface to access and/or
use the Dexter Smart Contracts, although the Dexter Smart Contracts are also
accessible / can be used via Direct Access. Company may modify or discontinue
support for the Website at any time, in its sole discretion.
(b) You are hereby granted a non-exclusive, non-transferable, revocable, limited
licence to electronically access and use the Website in the manner described in
these Terms. You do not have the right, and nothing in these Terms shall be
construed as granting you the right, to sub-license any rights in connection
with the access and/or use of the Website. Company may revoke or terminate this
licence at any time if you use, or attempt to use, the Website in a manner
prohibited by these Terms, or if your rights under these Terms are terminated
pursuant to Section 7.
1.5 Direct Access. With the necessary technical expertise, it is possible for a
User to generate transaction messages to interact with the Dexter Smart
Contracts via Direct Access directly without use of the Website. Company is not
involved in and has no oversight of any Direct Access and expressly disclaims
all responsibility, and User acknowledges that Company and its Affiliates shall
have no responsibility for any loss occasioned to a User by or attributable to
Direct Access.
1.6 Dexter Smart Contracts.
(a) Company has led the development of and has deployed ("Deployment") the
Dexter Smart Contracts on the Persistence Chain.
(b) Apart from Website Access and Direct Access, the Dexter Smart Contracts may
also be accessible now or in the future through other applications built on the
Persistence Chain. On Deployment, the Dexter Smart Contracts hold no digital
assets.
(c) The Dexter Smart Contracts are open-source software accessible at the Github
Page, and are maintained and modifiable by the Company (and/or its Affiliates).
You agree that save for the right to access and/or use the Dexter Smart
Contracts on the terms expressly provided herein, you shall not acquire and/or
own any legal right, title and/or interest in the Dexter Smart Contracts or any
intellectual property rights associated thereto, which shall be wholly owned by
the Company (and/or its Affiliates).
1.7 Transaction Fees.
(a) Transaction fees ("Transaction Fees") shall be chargeable to a User for
certain Dexter-related transactions (each, a "Dexter Transaction") – whether in
relation to Token Swap or in relation to Liquidity Provision – whether executed
through the Dexter Smart Contracts, or otherwise. Please refer to the Website or
the Dexter Documentation for the relevant fees which may change from time to
time.
(b) User hereby consents to such fees being debited from such User's Dexter
Supported Blockchain-compatible wallet that such User connects to the Dexter
Smart Contracts for purposes of effecting a Dexter Transaction, at the time such
Dexter Transaction is processed. Similar transaction fees may also be levied on
Users accessing and using the Dexter Smart Contracts via Direct Access.
(c) Such Transaction Fees may be subject of variation through on-chain
governance with such variation implemented by Company via variations to the
Dexter Smart Contracts.
2. Using Dexter
2.1 Token Swaps
(a) Token Swaps may be effected via the "Swap" feature accessible through the
Website or Direct Access;
(b) A User accessing and/or using Dexter to effect Token Swaps is deemed to have
read and understood the Dexter Documentation, and acknowledges and accepts all
risks and fees relating to Token Swaps, including but not limited to:
(i) all Transaction Fees incurred in connection with Token Swaps;
(ii) risks associated with slippage and/or lack of liquidity available on
Dexter; and
(iii) risks associated with blockchain technology, smart contracts, on which
Dexter is developed, which may be subject of potential hacks, exploits and
compromise (including risks associated with third-party integrations available
for use in association with Dexter e.g. Keplr).
The Company and its Affiliates shall have no responsibility for any loss
occasioned to such User who shall have no claim against Company and its
Affiliates in respect thereof.
2.2 Liquidity Provision & Farming.
(a) User may effect Liquidity Provision in respect of Dexter Supported Token
pairs and earn rewards in respect of such Liquidity Provision through the "Pool"
feature accessible via Website Access or Direct Access;
(b) A User accessing and/or using Dexter for Liquidity Provision is deemed to
have read and understood the Dexter Documentation, and acknowledges and accepts
all risks and fees relating to Liquidity Provision, including but not limited
to:
(i) all Transaction Fees incurred in connection with Token Swaps;
(ii) risks associated with slippage and/or lack of liquidity available on
Dexter;
(iii) risks associated with impermanent loss, loss of opportunity, and/or
token-exchange rate loss relative to User's position before and after Liquidity
Provision; and
(iv) technological risks associated with blockchain technology, smart contracts,
on which Dexter is developed, which may be subject of potential hacks, exploits
and compromise (including risks associated with third-party integrations
available for use in association with Dexter e.g. Keplr).
The Company and its Affiliates shall have no responsibility for any loss
occasioned to such User who shall have no claim against Company and its
Affiliates in respect thereof.
3. Representations and Warranties
3.1 In accessing and/or using Dexter and/or connecting a Supported Wallet to
Dexter, User makes the following representations and warranties:
(a) User is at least eighteen (18) years of age, and has the full right, power
and authority to access and/or use the Interface (including the tools made
available via the Interface), and to enter into and comply with these Terms;
(b) User is not prohibited and/or restricted under the laws of any jurisdiction
applicable to User from accessing and/or using the Interface, and/or from using
the Supported Wallet in connection with User's use of Dexter;
(c) User is compliant with all laws of any jurisdiction applicable to User in
relation to User's access and/or use of Interface and acknowledges and agrees
that the Dexter Group is not liable for User's compliance or non-compliance with
any such laws;
(d) User is not an Excluded Person (as defined below), and User is not accessing
and/or using Dexter from an Excluded Jurisdiction (as defined below);
(e) User has not had User's access or use of Dexter previously terminated or
revoked for any reason whatsoever;
(f) User will not, and will not attempt to, authorize anyone other than User to
access and/or use Dexter using a Supported Wallet owned by User, or otherwise
engage in Prohibited Use (as defined below) of such Supported Wallet;
(g) User is the legal and beneficial owner of, or is authorized by the owner of
the Supported Wallet to hold and/or deploy, the Dexter Supported Token; and
(h) User is knowledgeable in using and evaluating blockchain technologies and
related blockchain-based digital assets, including Dexter, Dexter Supported
Tokens and Supported Wallets, and User has evaluated and understand the use of
Dexter and has not relied on any information, statement, representation, or
warranty, express or implied, made by or on behalf of Dexter Group with respect
to Dexter whether as regards the suitability, reliability, security or otherwise
of Dexter and/or Dexter Smart Contracts.
Each and all of User's above representations and warranties are true, complete,
accurate and not misleading from the time of User's acceptance of these Terms
and are deemed repeated each time User uses the Interface.
3.2 By accessing and/or using Dexter, User acknowledges and accepts that the
Dexter Group shall not be liable to User for the deployment and maintenance of
Dexter and/or any malfunction thereof.
3.3 Company may, in its sole discretion, modify or discontinue support for
Dexter and/or access to the Dexter Smart Contracts at any time.
3.4 User shall be responsible for obtaining the data network access necessary to
use and/or access Dexter, and for acquiring compatible hardware or device
necessary to access and use Dexter and any updates thereto.
3.5 Use of Dexter may be disrupted as a result of malfunction and/or delays
which are inherent to the use of the internet and electronic communications, and
User agrees that the Dexter Group shall not be responsible for any such
disruption, malfunction and/or delay, and any loss which may arise therefrom.
3.6 The Website and its contents are our property or the property of our
licensors and are protected by copyright, trademark, patent and other applicable
laws. User is permitted to download and print content from the Website solely
for such User's own personal use to the extent required to access and use the
tools and information made available via the Website. Unless with our prior
written consent, the Website and its contents must not be reproduced, modified,
redistributed or otherwise used for any other reason.
3.7 User shall not modify, adapt or hack the Website and/or Dexter, or modify
any other website and/or protocol so as to falsely imply that such other website
and/or protocol is associated with the Website and/or Dexter and/or its
Affiliates (as defined below) in any way. User shall not crawl, scrape, cache or
otherwise access any content from the Website via automated means, and User
shall not use automated data collection, data mining, robots or any other data
gathering methods of any kind on the Website and/or Dexter.
3.8 User may, through hyperlinks displayed on the Website, gain access to
websites operated by persons other than Dexter. Such hyperlinks are displayed
only for User's convenience, and we assume no responsibility for the use of any
third-party software or other materials on the Website.
4. Excluded Person and Excluded Jurisdiction
For purposes of these Terms:
4.1 "Excluded Jurisdiction" means any of the following jurisdictions:
4.1.1 the United States of America and its territories and possessions
(collectively "United States");
4.1.2 the People's Republic of China;
4.1.3 a jurisdiction identified by the Financial Action Task Force (FATF) for
strategic AML/CFT deficiencies and included in FATF's listing of "High-risk and
Other Monitored Jurisdictions" accessible at
http://www.fatf-gafi.org/publications/high-risk-and-other-monitored-jurisdictions;
and/or
4.1.4 a jurisdiction in which Dexter and the use of which are prohibited or
would be subject of licensing, permissions or approvals.
4.2 "Excluded Persons" refers to the following:
4.2.1 a person who is:
(a) a citizen of an Excluded Jurisdiction (which for purposes of this Section
6.2.1(a) shall not include United States);
(b) domiciled in, resident of, or physically present / located in an Excluded
Jurisdiction;
4.2.2 a body corporate:
4.2.2.1 which is incorporated in, or operates out of, an Excluded Jurisdiction;
or
4.2.2.2 which is under the control of one or more individuals who is/are
citizen(s) of, domiciled in, residents of, or physically present / located in,
an Excluded Jurisdiction;
4.2.3 an individual or body corporate accessing and/or using Dexter from within
an Excluded Jurisdiction;
4.2.4 an individual or body corporate included in United Nations Consolidated
List (accessible at
https://www.un.org/securitycouncil/content/un-sc-consolidated-list);
4.2.5 an individual or body corporate which is otherwise prohibited or
ineligible in any way, whether in full or in part, under any laws applicable to
such individual or body corporate from accessing and/or using Dexter; and/or
4.2.6 a U.S. person.
4.3 "U.S. person" means:
4.3.1 any natural person resident in the United States;
4.3.2 any partnership or corporation organized or incorporated under the laws of
the United States;
4.3.3 any estate of which any executor or administrator is a U.S. person;
4.3.4 any trust of which any trustee is a U.S. person;
4.3.5 any agency or branch of a foreign entity located in the United States;
4.3.6 any non-discretionary account or similar account (other than an estate or
trust) held by a dealer or other fiduciary for the benefit or account of a U.S.
person;
4.3.7 any discretionary account or similar account (other than an estate or
trust) held by a dealer or other fiduciary organized, incorporated, or (if an
individual) resident in the United States;
4.3.8 any partnership or corporation if:
(a) organized or incorporated under the laws of any foreign jurisdiction; and
(b) formed by a U.S. person principally for the purpose of investing in
securities not registered under the Act, unless it is organized or incorporated,
and owned, by accredited investors (as defined in Regulation D of the Securities
Act of 1933 of the United States of America) who are not natural persons,
estates or trusts; and
4.3.9 any citizen of United States who is a military personnel of United States
who is not resident in or outside of the United States,
but does not include :
4.3.10 any discretionary account or similar account (other than an estate or
trust) held for the benefit or account of a non-U.S. person by a dealer or other
professional fiduciary organized, incorporated, or (if an individual) resident
in the United States;
4.3.11 any estate of which any professional fiduciary acting as executor or
administrator is a U.S. person if:
(a) an executor or administrator of the estate who is not a U.S. person has sole
or shared investment discretion with respect to the assets of the estate; and
(b) the estate is governed by foreign law;
4.3.12 any trust of which any professional fiduciary acting as trustee is a U.S.
person, if a trustee who is not a U.S. person has sole or shared investment
discretion with respect to the trust assets, and no beneficiary of the trust
(and no settlor if the trust is revocable) is a U.S. person;
4.3.13 an employee benefit plan established and administered in accordance with
the law of a country other than the United States and customary practices and
documentation of such country;
4.3.14 any agency or branch of a U.S. person located outside the United
States if:
(a) agency or branch operates for valid business reasons; and
(b) the agency or branch is engaged in the business of insurance or banking and
is subject to substantive insurance or banking regulation, respectively, in the
jurisdiction where located; and
4.3.15 The International Monetary Fund, the International Bank for
Reconstruction and Development, the Inter-American Development Bank, the Asian
Development Bank, the African Development Bank, the United Nations, and their
agencies, affiliates and pension plans, and any other similar international
organizations, their agencies, affiliates and pension plans.
5. Prohibited Use
User shall not, directly or indirectly:
5.1 access and/or use Dexter:
5.1.1 in violation of any law, rule, or regulation of any jurisdiction that is
applicable to User; and/or
5.1.2 in violation or breach of these Terms and/or any other document from
time-to-time governing User access and/or use of Dexter;
5.2 permit others to access Dexter through User's wallet or a blockchain address
User controls or otherwise engage in transactions using Dexter for any person
other than the wallet owner;
5.3 disrupt, interfere with, or otherwise adversely affect the normal flow or
function of Dexter or otherwise act in a manner that may negatively affect other
users' experience when using Dexter, and User shall not take advantage of
software vulnerabilities and any other act that intentionally abuses or exploits
the design and functions of Dexter;
5.4 engage in, or knowingly facilitate, any fraudulent, deceptive, or
manipulative transaction activity in connection with User's use of Dexter;
5.5 engage in, or knowingly facilitate, any money laundering, terrorist
financing, or other illegal activities using Dexter;
5.6 access or attempt to access non-public systems, programs, data, or services
using Dexter;
5.7 copy, reproduce, republish, upload, post, transmit, resell, or distribute in
any way, any data, content, or any part of Dexter except as expressly permitted
by applicable laws; and
5.8 reverse engineer or attempt to reverse engineer Dexter except as expressly
permitted by applicable law,
(collectively, "Prohibited Uses").
6. Waivers
6.1 User agrees and acknowledges that neither Dexter nor any of our Affiliates
(as defined below) shall be liable to User for any direct, indirect, special,
incidental, consequential or other losses of any kind, in tort, contract or
otherwise (including but not limited to loss of revenue, income or profits, and
loss of use or data), arising out of or in connection with User's access and/or
use of Dexter.
6.2 User undertakes not to initiate or participate, and waives the right to
participate in, any class action lawsuit or a class-wide arbitration against
Dexter and/or our Affiliates in relation to User's access and/or use of Dexter.
6.3 By accepting these Terms, User waives all rights, claims and/or causes of
action (present or future) under law (including any tortious claims) or contract
against the Dexter Group and its Affiliates in connection with User's access
and/or use of Dexter.
7. Termination
7.1 These Terms shall remain in full force and effect and be legally binding on
User for so long as User accesses and/or uses Dexter.
7.2 The Dexter Group may restrict, suspend and/or terminate User's access and/or
use of Dexter at any time for any reason and to such extent at Dexter Group's
sole discretion.
7.3 Neither the Company nor any of our Affiliates will have any liability
whatsoever to User for any such restriction, suspension and/or termination or
for any action taken by the Company and/or any of our Affiliates to implement
such restriction, suspension and/or termination which can include blacklisting
User's Supported Wallet which User uses to access and/or use Dexter.
7.4 Sections 3 to 10 of these Terms shall remain in effect in favour of the
Comapnay and its Affiliates (as the case may be) notwithstanding any such
restriction, suspension and/or termination.
8. Disclaimer
8.1 In accessing and/or using Dexter, User acknowledges and agrees that:
8.1.1 DEXTER IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS BY THE COMPANY,
AND THE DEXTER GROUP EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES
AND/OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING
ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
8.1.2 THE DEXTER GROUP HAS NOT MADE AND MAKES NO REPRESENTATION, WARRANTY AND/OR
CONDITION OF ANY KIND THAT DEXTER WILL MEET USER'S REQUIREMENTS, WILL BE
AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE
ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR
SAFE.
8.1.3 NEITHER DEXTER NOR ANY OF ITS AFFILIATES IS USER'S BROKER, AGENT, TAX OR
LEGAL ADVISOR, AND HAS NO FIDUCIARY RELATIONSHIP WITH OR OBLIGATION TO USER. NO
COMMUNICATION OR INFORMATION PROVIDED BY DEXTER OR ANY OF ITS AFFILIATES IS
INTENDED AS OR SHALL BE CONSTRUED AS INVESTMENT, FINANCIAL, TAX, LEGAL OR ANY
OTHER KIND OF ADVICE. THE DEXTER GROUP SHALL NOT BE LIABLE FOR ANY DECISIONS
USER MAKES TO ACCESS AND/OR USE DEXTER.
8.1.4 TO THE EXTENT THAT APPLICABLE LAW REQUIRES OR IMPOSES ANY REPRESENTATION,
WARRANTY AND/OR CONDITION WITH RESPECT TO USER'S ACCESS AND/OR USE OF DEXTER,
ALL SUCH REPRESENTATION, WARRANTY AND/OR CONDITION ARE LIMITED IN DURATION TO
NINETY (90) DAYS FROM THE DATE OF FIRST ACCESS AND/USE BY USER OF DEXTER.
8.2 THE DEXTER GROUP DOES NOT ENDORSE ANY THIRD PARTY AND SHALL NOT BE
RESPONSIBLE IN ANY WAY FOR ANY TRANSACTIONS YOU ENTER INTO WITH ANY OTHER THIRD
PARTY.
8.3 YOU ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES
WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY SORT INCURRED AS THE RESULT
OF ANY INTERACTIONS BETWEEN YOU AND ANY THIRD PARTY.
9. Limitation of Liability
9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DEXTER AND/OR ANY
OF OUR AFFILIATES BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY LOST PROFITS,
LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES ARISING OUT OF USER'S ACCESS AND/OR USE OF DEXTER, EVEN IF THE
COMPANY AND/OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
9.2 USER'S ACCESS TO AND/OR USE OF DEXTER IS AT USER'S OWN DISCRETION AND RISK,
AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S DEVICE OR COMPUTER
SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
9.3 NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES SHALL BE LIABLE TO USER FOR
ANY LOSS OR DAMAGE ARISING OUT OF USER'S FAILURE TO KEEP USER'S PRIVATE KEYS OR
LOGIN CREDENTIALS TO USER'S WALLET SECURE OR ANY OTHER UNAUTHORIZED ACCESS TO OR
TRANSACTIONS INVOLVING USER'S WALLET.
9.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF THE COMPANY AND/OR ANY OF OUR
AFFILIATES TO USER FOR ANY CLAIM BY USER FOR DAMAGES ARISING FROM OR RELATED TO
USER'S ACCESS AND/OR USE OF DEXTER:
(a) WHETHER PURSUANT TO THESE TERMS; AND/OR
(b) WHETHER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF USD100. THE EXISTENCE OF MORE THAN
ONE CLAIM BY USER WILL NOT ENLARGE THIS LIMIT.
10. Indemnification
10.1 User shall indemnify and hold the Company and/or any of our Affiliates,
each of their respective employees, officers, directors and representatives
(collectively, "Indemnified Party"), harmless, including costs and attorneys'
fees, from any loss, claim or demand made due to or arising out of:
10.1.1 User's access and/or use of Dexter;
10.1.2 User's violation of these Terms; and
10.1.3 User's violation of laws or regulations applicable to User's access
and/or use of Dexter.
10.2 The relevant Indemnified Party reserves the right, at User's expense, to
assume the exclusive defence and control of any matter for which User is
required to provide indemnification, and User agrees to cooperate in the defence
of these claims. User shall not settle any matter without the prior written
consent of the relevant Indemnified Party. The relevant Indemnified Party will
use reasonable efforts to notify User of any such claim, action or proceeding
upon becoming aware of it.
11. Tax Implications
User is solely responsible for determining the tax implications and tax
reporting requirements associated with transactions User engages in using
Dexter, and for paying any applicable taxes in each applicable jurisdiction.
Neither Dexter nor any of our Affiliates shall be responsible for determining
whether there are tax implications in connection with transactions involving
User's use of Dexter, for reporting any such transactions, or for paying any
applicable taxes.
12. Potential Risks Associated with Use of Dexter
User acknowledges and agrees to the following:
12.1 Dexter allows User access to the Dexter Smart Contract to engage in
aforementioned activities on User's own account and at User's own risk.
12.2 Trading digital assets and/or providing liquidity of the same entails a
high financial risk. User has necessary experience and knowledge to understand
the risks involved. User should carefully assess User's financial circumstances
and risk tolerance and where appropriate, seek third party financial advice
before engaging in the aforementioned activities.
12.3 Nothing in these Terms or the Website shall be construed as:
12.3.1 financial or investment advice. We do not provide any view on the merits
of any particular investment. Any information provided is for educational
purposes and to keep investors informed of prices, ranges, and volatility of
digital assets and derivatives thereof. No person in the Dexter Group acts as
your broker, intermediary, agent or advisor in any capacity; and
12.3.2 any marketing, promotion or offer for any product or investment to User
or any third party. User shall be solely responsible for any losses, damages or
costs resulting from User's reliance on any data or information on the Website
or otherwise. User shall be responsible for User's decisions relating to Dexter
which are User's own.
12.4 Like all software, Dexter may be subject to exploits, accordingly, neither
the Company nor any of its Affiliates shall be responsible to User any such
exploits or loss to User as a result of such exploits, whether foreseeable or
not.
12.5 While the Company has taken a number of precautions to ensure the security
of Dexter including obtaining third-party security audits, the technology
constituting Dexter, and their interaction, is relatively new and it is not
possible to guarantee that the code is completely free from bugs or errors.
12.6 User accepts all risks that arise from User's access and/or use of Dexter,
including and not limited to, the risk of any of Dexer Supported Tokens being
lost due to a failure or exploit of Dexter.
12.7 User is solely responsible for securing the private keys associated with
any Supported Wallet which User uses when accessing and/or using Dexter.
12.8 User understands that anyone who obtains User's private keys to User's
Supported Wallet and/or access to User's device containing such private keys,
may access User's Supported Wallet controlled with those private keys with or
without User's authorisation and may transfer any Dexter Supported Tokens
accessible through User's Supported Wallet.
12.9 In choosing to access and/or use Dexter, User does so on User's own
initiative and at User's own risk, and User is responsible for complying with
all applicable local laws, rules and regulations relating to User's access
and/or use of Dexter.
12.10 Support for the Dexter may be modified or discontinued at any time in
Dexter Group's sole discretion.
12.11 In the event of a change in the operating rules or other features of the
relevant code ("Fork") that may result in more than one version of a network
("Forked Network") and more than one version of a digital asset ("Forked
Asset"), Dexter may not support activity related to any Forked Assets. Forked
Networks and the available supply of any Forked Assets are wholly outside Dexter
Group's control. In the event of a Fork, Dexter Group may temporarily suspend
certain services on the Website (with or without advance notice to User) while
it is determined which Forked Network(s) to support. Dexter Group shall not be
responsible for a lack of support for any Forked Asset.
12.12 By using Dexter, User is using Dexter "as is" and "as available" with no
representations or warranties whatsoever. To the maximum extent permitted by
law, neither the Company nor any of its Affiliates makes any express or implied
representations and warranties, including implied representations or warranties
of accuracy, merchantability, fitness for a particular purpose and
non-infringement in relation to Dexter. Neither the Company nor any of its
Affiliates is responsible or liable for any error, delay or interruption in or
lack of access to Dexter or for any loss of digital assets (including but not
limited to Dexter Supported Tokens) occasioned by or attributable to the Dexter.
13. Electronic Communications
13.1 The communications between User and the Company shall be via electronic
means, either through the Website or electronic mail.
13.2 For contractual purposes, User:
13.2.1 consents to receive communications from the Company in any electronic
form; and
13.2.2 acknowledges and agrees that all terms and conditions, agreements,
notices, disclosures, and other communications that the Company provides to User
electronically satisfy any legal requirement that would also be satisfied if
such communications were to be in a hardcopy writing.
14. General
14.1 Entire Terms
These Terms (read together with our Privacy Policy) constitute the entire
agreement between User and the Company regarding User's access and/use of
Dexter.
14.2 Severability
If any provision of these Terms is, for any reason, held to be invalid or
unenforceable, the other provisions of these Terms will be unimpaired and the
invalid or unenforceable provision will be deemed modified so that it is valid
and enforceable to the maximum extent permitted by law.
14.3 Relationship of Parties
Nothing contained in these Terms will be deemed to be construed as creating a
partnership or an agency relationship or joint venture between User, the Company
and/or any of our Affiliates.
14.4 Assignment
These Terms, and User's rights thereunder, may not be assigned, without the
Company's prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and void. The
Company may freely assign these Terms and our respective rights thereunder.
14.5 Waiver
A waiver by the Company of any right or remedy under these Terms shall only be
effective if it is in writing, executed by a duly authorized representative of
the Company and shall apply only to the circumstances for which it is given.
Failure of the Company to exercise or enforce any right or remedy under these
Terms shall not operate as a waiver of such right or remedy, nor shall it
prevent any future exercise or enforcement of such right or remedy, and no
single or partial exercise of any right or remedy shall preclude or restrict the
further exercise of any such right or remedy or other rights or remedies.
14.6 No Third-Party Rights
Save for the Company's Affiliates who shall have the rights and benefits to the
extent accorded thereto under these Terms, any person who is not a Party shall
have no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) of
Singapore to enforce any of these Terms.
14.7 Governing Law and Jurisdiction
The agreement as shall be constituted by User's acceptance of these Terms, and
any dispute or claim arising out of or in connection with the subject matter or
formation (including non-contractual disputes or claims) of such agreement,
shall be governed by and construed in accordance with the law of Singapore.
The Parties agree that any dispute or claim arising out of or in connection with
the subject matter or formation (including non-contractual disputes or claims)
of these Terms shall be by arbitration, and judgment upon the award may be
entered by any court having jurisdiction thereof or having jurisdiction over the
relevant Party or its assets. The arbitration shall be conducted under the rules
of the Singapore International Arbitration Centre ("SIAC"). The arbitral
tribunal shall consist of a sole arbitrator to be appointed by the President of
the SIAC. The seat of the arbitration shall be Singapore. The language of the
arbitration shall be English. The arbitration agreement shall be governed by
Singapore law.
14.8 Severability
If any provisions of these Terms are found by any court or tribunal of competent
jurisdiction to be invalid, void, unlawful or unenforceable under any applicable
law, such unenforceability or invalidity shall not render these Terms
unenforceable or invalid as a whole, and such provisions shall be deleted
without affecting the remaining provisions herein.
Accept & Continue