The website www.dmxmarkets.com, operate by DIGITAL C MEDIA in the registered address of Vytautas Kovsakas, 26-28 Wenlock Road, London N1, UK.
Terms in this Agreement can be found on DMX Markets website www.dmxmarkets.com. If you agree to these Terms and Conditions, and wish to use the Services provided by DMX Markets, please click on the “I Agree” button. This Agreement together with all additional rules, policies and disclaimers published on the website www.dmxmarkets.com or otherwise notified to you will constitute a binding agreement between you and the Company and this Agreement constitutes a “written signed by you” under any applicable law or regulation. This Agreement is subject to change by the Company without prior notice, by posting of the revised Contests Agreement on the Company’s website. Note that any violation of this Agreement may result in termination of your Account with the Company.
2. Services Provided
Subject to the terms and conditions of this Agreement and acceptance of Customer’s application to open an Account with DMX Markets, DMX Markets will maintain one account in Customer’s name and will effect cash settled transactions with and for Customer in the international Over-the-Counter Foreign Currency (foreign exchange) and CFD markets on a spot basis, and organize electronic trading competitions among its customers, and provide such other services and products as DMX Markets may, in its sole discretion, determine from time to time in the future. Unless expressly stated otherwise in writing, all Contracts and other transactions entered into between DMX Markets and Customer shall be governed by the terms of this Customer Agreement, as amended from time to time (including, without limitation, DMX Markets Trading Policies and Procedures).
3.Represantations And Warranties
As of the date hereof, the date of each Contract and other transaction in Customer’s Account and any date on which DMX Markets Risk Disclosure Statement or Trading Policies and Procedures are revised, updated or amended, Customer represents and warrants to DMX Markets and agrees for the benefit of DMX Markets that:
- If Customer is a natural person, Customer is of sound mind, legal age (18 years old) and legal competence.
- If Customer is not a natural person, (i) Customer is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, (ii) execution and delivery of this Agreement and all Contracts and other transactions contemplated hereunder and performance of all obligations contemplated under this Agreement and all Contracts and other transactions contemplated hereunder have been duly authorized by Customer, and (iii) each person executing and delivering this Agreement and all Contracts and other transactions contemplated hereunder on behalf of Customer performing the obligations contemplated under this Agreement and any Contract and other transaction contemplated hereunder on behalf of Customer, has been duly authorized by Customer to do so.
- Execution and delivery by Customer of this Agreement and all Contracts and other transactions contemplated hereunder, and performance of all of Customer’s obligations contemplated under this Agreement and any Contract and other transaction contemplated hereunder, will not violate any statute, rule, regulation, ordinance, charter, by-law or policy applicable to Customer.
- Customer has full beneficial ownership of Customer’s Account. Customer has not granted and will not grant a security interest in Customer’s Account with DMX Markets (other than the security interest granted to DMX Markets hereunder) to any person without DMX Markets prior written consent. Customer has full beneficial ownership of all collateral and will not grant any security interest in any Collateral to any person (other than the security interest granted to DMX Markets hereunder) without DMX Markets prior written consent.
- Customer will execute and deliver all documents, give all notices, make all filings and take such other actions as DMX Markets, in its sole discretion, deems necessary or desirable to evidence or perfect any security interest in favor of DMX Markets or to protect DMX Markets interests with respect to any Collateral.
- Customer has read and understands the provisions contained in this Agreement, including, without limitation, DMX Markets Risk Disclosure Statement and Trading Policies and Procedures, Customer will review the Agreement each time it is amended. Customer will not affect any Opening Transaction in Customer’s Account unless Customer understands DMX Markets revised Agreement, and Customer agrees that in effecting any Opening Transaction it is deemed to represent that it has read and understands DMX Markets revised Agreement as in effect at the time of such Opening Transaction.
- Customer has either: (x) effected foreign currency and spot metal transactions with DMX Markets or with other foreign currency dealers for at least six (6) months or (y) Customer agrees to trade on Demo Trading System available to him/her on the website, and acknowledges that DMX Markets may, in its sole discretion, decline to permit any real trades to be effected in Customer’s Account until Customer has, in DMX Markets sole judgment, satisfactorily traded on the Demo Trading System.
- Customer agrees to comply with all applicable law. You may not use your personal account with DMX Markets for any illegal activity.
- All information provided by Customer to DMX Markets, including information regarding Customer’s trading experience and investment sophistication, is true, correct and complete, and Customer will notify DMX Markets promptly of any changes in such information.
Customer authorizes DMX Markets to purchase and sell physically settled and cash settled Foreign Exchange Contracts and other Contracts for Difference (CFDs) on a spot basis for Customer’s Account in accordance with Customer’s instructions received through the DMX Markets Online Trading System or via telephone to the DMX Markets Trading Desk, subject to the terms of this Agreement, including the Annexes hereto and the Customer Account Application, including any applicable addenda thereto.
Customer agrees to be conclusively responsible for any instruction received electronically that is identified with Customer’s password and Account number and for any electronic, oral and written instruction (including, but not limited to, any Order) to DMX Markets from persons DMX Markets, in its sole judgment, believes are apparently authorized by Customer. If Customer’s Account is titled as a joint account, DMX Markets is authorized to act on the instructions of any one owner, without further inquiry, with regard to trading in the Account and the disposition of any and all assets in the Account.
DMX Markets shall have no responsibility for further inquiry into such apparent authority and no liability for the consequences of any actions taken or failed to be taken by DMX Markets in reliance on any such instructions or on the apparent authority of any such persons.
- Pricing Information. DMX Markets will make available, by posting on the DMX Markets Online Trading System or by telephoning the DMX Markets Trading Desk, Bid Prices and Ask Prices at which DMX Markets is prepared to enter Foreign Currency Contracts, and any other contracts for difference (CFDs) with Customer. Each Bid Price or Ask Price shall be for a Spot Contract with a specified Value Date and shall specify each Eligible Foreign Currency or tradable U.S. dollar-based currency pairs involved where applicable. DMX Markets 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 DMX Markets and other sources. DMX Markets makes no warranty, express or implied, that Bid Prices and Ask Prices represent prevailing bid prices and ask prices. In addition, these Bid and/ or Ask Prices may reflect, at the direction of any Introducing Broker, additional pips added to the BID and/or ASK price that may result in an increase of the dealable spread available for the Customer’s account as well as a per trade or per lot commission and/or fees. See Section 11-Charges.
- Order Execution. DMX Markets 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 DMX Markets Online Trading System or via telephone to the DMX Markets Trading Desk. In cases where the prevailing market represents prices different from the prices DMX Markets has posted on our screen, DMX Markets 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. All Contracts made and entered into by DMX Markets hereunder will be entered into by DMX Markets as principal. Customer acknowledges, understands and agrees that DMX Markets is not acting as a broker, intermediary, agent, and advisor or in any fiduciary capacity. Notwithstanding the provisions of this Paragraph, Customer acknowledges, understands and agrees that all non-market orders such as Limit Orders, Stop/Loss Orders, One Cancels the Other Orders, Day Only Orders, and Good till Cancelled Orders, are accepted by DMX Markets and undertaken on a “best-efforts basis” in accordance with the relevant provisions of the Trading Policies and Procedures, as amended from time to time
- Transmission. DMX Markets shall have no responsibility for delays in the transmission of orders due to disruption, failure or malfunction of communications facilities and shall not be liable for any claims, losses, damages, costs or expenses, including attorneys’ fees, to any person or entity arising other than as a direct result of DMX Markets’s gross negligence.
- Position & Trading Limits. DMX Markets reserves the right to limit the number of Open Positions that Customer may enter or maintain in Customer’s Account. DMX Markets reserves the right, in its sole discretion, to refuse to accept any Order opening a new position or increasing an Open Position.
5. Margin Requirements
Customer shall provide to and maintain with DMX Markets Margin in such amounts, in cash or other such forms, and within such limits as DMX Markets, in its sole discretion, may from time to time require. Customer’s Account will be under the control of DMX Markets may change Margin requirements at any time, without prior notice to Customer, and may call for additional Margin (“Margin Call”) at (x) any time Customer’s Margin Balance falls below DMX Markets’s Minimum Margin Requirement as applied to that Account, and (y) any time DMX Markets, in its sole discretion, believes that it is prudent to do so. DMX Markets may at any time liquidate Customer’s Account in accordance with Paragraph 8. DMX Markets may withdraw funds from the Customer’s account without notice: (x) to ensure that Posted Margin equals or exceeds Required Margin, and (y) to satisfy any payment obligation to DMX Markets, including commissions, fees and charges in respect of Customer’s Account.
6. Security Agreement
In order to secure any indebtedness or other obligations at any time owing from Customer to DMX Markets, including, without limitation, (i) indebtedness or other obligations under any Account, Contract or other transaction with DMX Markets, or (ii) any indebtedness or other obligations resulting from any guarantee by Customer of any Account, Contract or other transaction with DMX Markets, Customer hereby assigns, pledges and grants to DMX Markets a security interest in and right of setoff against: (i) all of Customer’s Accounts with DMX Markets, (ii) all Contracts, cash, securities and other property in Customer’s Account at DMX Markets or delivered or otherwise provided by Customer to secure its indebtedness or other obligations to DMX Markets or in DMX Markets’s possession or control for any purpose (including safekeeping), and (iii) all products and proceeds of the foregoing (collectively, (i), (ii) and (iii) are referred to as “Collateral”). At any time, in DMX Markets’s sole discretion and without prior demand or notice, DMX Markets may apply any or all cash (or sell or buy in any such Contracts, securities or other property and apply the proceeds there from) to any such indebtedness or other obligations, notwithstanding that such indebtedness or other obligations arise in an Account other than the Account in which the cash, Contracts, securities or other property were held or DMX Markets. DMX Markets shall have the right to sell, pledge, rehypothecate, assign, invest, commingle and otherwise use any Collateral it holds (including, but not limited to, using the Contracts as collateral for a loan to DMX Markets) free from any claim or right of any nature whatsoever of the Customer, including any equity or right of redemption by the Customer and to register any Collateral in the name of DMX Markets, its custodian or a nominee for either. Any failure by DMX Markets to enforce its rights hereunder shall not be deemed a future waiver of such rights by DMX Markets. DMX Markets is irrevocably appointed as attorney-in-fact for Customer and is authorized, without notice to Customer, to execute and deliver any documents, give any notice and to take any actions on behalf of Customer, including the execution, delivery and filing of financing statements, that DMX Markets deems necessary or desirable to evidence or to protect DMX Markets’s interest with respect to any Collateral. In the event that the Collateral deemed acceptable to DMX Markets (“Eligible Collateral”) is at any time insufficient to satisfy Customer’s indebtedness or other obligations to DMX Markets, including obligations to provide Margin in accordance with Paragraph 5 hereof, Customer shall promptly pay upon demand the entire amount of such deficit.
7. Settlement Date – Rollovers – Delivery
In cases where transactions are executed for physical delivery, instructions on the settlement of Open Positions must be given to DMX Markets at least two (2) Business Days prior to the Value Date. In the absence of instructions from Customer directing DMX Markets to deliver, offset, or roll over Open Positions, DMX Markets is authorized, in DMX Markets’s sole discretion, to deliver, roll over or offset all or any portion of the Open Positions in Customer’s account at Customer’s risk. Delivery of Foreign Currency shall be made to the bank specified by the purchaser in a major city in the country in which the Foreign Currency is the legal tender. Unless otherwise agreed by DMX Markets and Customer in writing, the Foreign Currency shall be deliverable by wire transfer. DMX Markets may require payment of amounts due from Customer to DMX Markets prior to 12:30 GMT on any day prior to payment of amounts due and payable by DMX Markets to Customer on that day. DMX Markets and Customer shall exchange, make use of, and periodically update and confirm any standing payment instructions. Sufficient funds to take delivery or the necessary delivery documents must be in the possession of DMX Markets If instructions, funds and documents are not received by DMX Markets by the specified time, DMX Markets may, in its sole discretion and without notice to Customer, offset Customer’s Open Positions, roll over Customer’s Open Positions into the next settlement time period, or make or receive delivery on behalf of Customer upon any terms and by any methods deemed reasonable by DMX Markets, in its sole discretion. Terms and/or methods for delivering, offsetting, or rolling over Customers’ Open Positions may differ on a Customer-by-Customer basis relative to the current balance in the Customer’s account.
8. Liquidation Of Accounts And Deficit Balances
In the event of: (a) an Event of Default; (b) insufficient Margin, or DMX Markets’s determination that any Collateral deposited to protect Customer’s account is inadequate, regardless of current market quotations, to secure Customer’s account; or (c) any other circumstances or developments that DMX Markets, in its sole discretion, deems appropriate for its protection, DMX Markets may, in its sole discretion, take one or more, or any portion, of the following actions: (1) satisfy any obligation Customer may have to DMX Markets (either directly or by way of guarantee or suretyship) out of any of Customer’s funds or property in the custody or control DMX Markets, (2) sell or purchase any or all Contracts and any securities or other property held or carried for Customer, and (3) cancel any or all outstanding Orders or Contracts or other transactions or commitments made by or on behalf of Customer. Any of the above actions may be taken without demand for Margin or additional Margin, without prior notice of sale or purchase or other notice to Customer, Customer’s legal representatives, heirs, executor, administrator, trustee, legatee, successors or assigns and regardless of whether the ownership interest is held individually or jointly with others. Any prior demand or notice of sale or purchase shall not be considered a waiver of DMX Markets right to sell or buy at any time in the future without demand or notice as provided above. In liquidation of Customer’s Long Positions and Short Positions, DMX Markets may, in its sole discretion, offset in the same settlement or it may initiate new Long Positions or Short Positions in order to establish a spread or straddle that in DMX Markets sole judgment may be advisable to protect or reduce existing positions in Customer’s account. Any sales or purchases may be made according to DMX Markets judgment and in its sole discretion in any interbank, Over-the-Counter or other exchange market where such business is then usually transacted or at a public auction or private sale, and DMX Markets may purchase the whole or any part thereof free from any right of redemption. Customer shall only be liable for the payment of any deficit balance in Customer’s account upon demand by DMX Markets where such deficits are the result of a mark to market after a weekend or holiday. In such cases, Customer shall be liable for any deficiency remaining in Customer’s account in the event of the liquidation thereof in whole or in part by DMX Markets or by Customer. In the event the proceeds realized pursuant to liquidation are insufficient for the payment of all liabilities of Customer due to DMX Markets, Customer shall promptly pay upon demand the entire amount of any such deficit, together with all other deficits and all unpaid liabilities of Customer, including, but not limited to, all costs of enforcement and collection, such as, but not limited to, attorneys’ fees, witness fees and travel expenses, interest on any such deficit and liabilities at a rate equal to three (3) percentage points above the then prevailing prime rate at DMX Markets principal bank or the maximum interest rate allowed by law, whichever is lower. In the event DMX Markets incurs expenses other than for the collection of deficits, with respect to Customer’s account, Customer agrees to pay such expenses.
At this time DMX Markets charges no brokerage fees. DMX Markets is compensated for its services through the bid/ask spread and/or commissions. DMX Markets may charge for incidental banking related fees such as wire charges for deposits/withdrawals and returned check fees. DMX Markets reserves the right to change its fee structure at any time without notice. When DMX Markets organizes trading competitions among its customers, DMX Markets may charge fees to participants to such trading competitions. Fees do not currently but may in the future include such things as statement charges, order cancellation charges, account transfer charges, telephone order charges or fees imposed by any interbank agency, bank, contract, market or other regulatory or self-regulatory organization arising out of DMX Markets provision of services hereunder. Customer may incur additional fees for the purchase of optional, value added services offered by DMX Markets. Additional commission or spread markups may be applied to clients’ accounts that are introduced by Introducing Brokers or Money Managers.
10. Refunds And Withdrawals
We reserve the right to impose withdrawal limits and withdrawal fees in our systems, at any time.
Upon submitting a withdrawal request you may be required to submit documentation as required by applicable “Anti-Money Laundering (“AML”) & Know Your Customer (“KYC”) Legislation” and/or any other similar rules and regulations applicable to us. When a withdrawal or refund is performed, we reserve the right (but shall under no circumstances be obliged) to remit the funds to the same remitter from, and by the same payment method through which such funds were initially received by us. In that connection, we reserve the right, at our sole discretion, (a) to decline withdrawals via certain specific payment methods, (b) to require another payment method as the one indicated in any withdrawal request, in which instance a new withdrawal request may have to be submitted, and/or (c) to require that further documentation be submitted, as required by applicable “Anti-Money Laundering (“AML”) & Know Your Customer (“KYC”) Legislation” and/or any other similar rules and regulations applicable to us, before proceeding with any withdrawal request.
If we are unable to remit the funds, or any partial amount thereof, to the same remitter from, and by the same payment method through which such funds were initially received by us, we reserve the right (but shall under no circumstances be obliged) to transmit the funds via an payment method selected by us, at our sole discretion, in any currency we deem fit (regardless of the currency in which the initial deposit was made). Under these circumstances, we shall not be responsible for any transfer fees or charges charged by the receiver and/or for any currency exchange rates resulting from the payment of such amount.
Withdrawal requests that are accepted and approved by us in accordance with the terms of this Agreement are, in principle, processed within one Business Days following the receipt of the transfer request instructions. The amount to be transferred reduces the balance of the relevant account from which such transfer is to be made, when the transfer request process is concluded. We reserve the right (a) to decline a withdrawal request if the request is not in accordance with the provisions of this Section, or (b) to delay the processing of the request if we are not satisfied with the ancillary documentation submitted with the withdrawal request.
You agree, when we so request, to pay any bank transfer fees incurred when you are withdrawing funds from your account or when funds are refunded by us to your designated bank account. You are solely responsible for the payments details you are providing us with and we do not accept any responsibility for your funds, if the payment details you have provided to us are incorrect or incomplete. It is also understood that we do not accept any responsibility for any funds that are not directly deposited into our bank accounts.
11. Complaint Handling Procedures
As part of our commitment to providing the best possible service to our clients, we uphold effective and transparent procedures for prompt complaint handling for existing and potential retail clients, we maintain records of complaints and measures taken for complaint resolution, in line with Applicable Laws, Rules and/or Regulations.
We will attempt to deal with your complaint in a prompt and efficient manner. We will follow the procedures outlined below to ensure that your complaint is resolved within a period of thirty (30) business days (where possible). Some complaints can be resolved more quickly depending on the facts and the nature of the complaint. If the complaint is more complex and takes longer than thirty (30) business days to resolve, we will communicate the reasons for the delay.
Any complaint or dispute or difference whatsoever between us, must be dealt in accordance with the Complaint Handling Procedures set forth herein and you agree that we shall have the right to resolve any complaint or dispute or difference whatsoever between us in accordance with the Complaint Handling Procedures set forth herein.
How to make a complaint
- Clients who wish to file a complaint must do so in writing and address it to our Complaints Officer, at any time, via email to: complaints@DMX Markets.com, along with attachments of the documentation as outlined below. All complaints will be handled by the Complaints Officer who will independently and impartially investigate and handle the complaints, according to the procedures set forth herein. All complaints shall be treated fairly, consistently, promptly and with confidentiality.
- The following information and documentation should, wherever possible, be obtained and recorded and provided to the Complaints Officer as part of your complaint, in order to ensure that the complaint is expedited in the most efficient and fair manner: (a) Account Number/User ID, (b) Full name of client, (c) Contact details and address for client, (h) Details of the complaint (including time and date the matter leading to the complaint occurred, the representative(s) involved in the complaint, (i) Nature of the complaint, (j) Remedies sought, (k) Attach any documentation or other material that may assist in the resolution of the complaint (including an initial written response to the allegations by the representative(s) involved).
- Upon receipt of a complaint, written acknowledgment will be sent to you via email within five (5) business days from the date the complaint was received. This will confirm that we are taking the necessary action needed to resolve the complaint, and will also provide an approximate timescale required in order to do so.
- Once we have completed the complaint’s investigation, we will inform you again of the resolution of the complaint via email and provide you a summary outcome of our investigation. Where appropriate, it may also include a final offer of redress. Such email will be marked clearly as the final response.
- We will attempt to send the final response within thirty (30) business days of receiving your complaint, or ten (10) business days after your acceptance or rejection of any offer of redress (where applicable), whichever comes first. This may not always be possible as sometimes the complexity of the complaint may require more time to investigate fully. We will always abide by regulatory guidelines in relation to a complaint and as such, we will always ensure that complainants are kept informed about their complaint and our activities in response to their complaint.
Monitoring of complaints
We keep detailed records on individual complaints and we maintain an internal register of complaints where all relevant information and progress of each complaint is kept.
12. Introducing Brokers
If Customer’s account has been introduced to DMX Markets by an Introducing Broker (“IB”), Customer understands and acknowledges that DMX Markets may compensate Introducing Broker for introducing Customer to DMX Markets and that such compensation may be on a per trade or other basis. The following is an allocation of responsibilities for each entity. It is intended to be a general disclosure and not a definitive enumeration of each and every responsibility. The Introducing Broker shall have the following responsibilities with respect to Customer’s account:
- Contacting, soliciting and/or communicating with Customer regarding investment opportunities and objectives.
- Complying with all laws, rules and regulations applicable to any arrangement or understanding that IB and Customer may have.
- Determining any commissions and fees, whether on a per trade basis or other basis, to be charged for Customer’s transactions, in addition to DMX Markets standard commissions and fees. As the clearing firm for Customer’s account, DMX Markets shall have responsibility for performing the following services:
1. Opening, approving and servicing Customer’s account(s), including obtaining and verifying new account information as required by law and regulation.
2. Maintaining account records on Customer’s behalf.
3. Accepting and executing transactions in Customer’s account(s).
4. Determining margin, rolling over of open positions, liquidating under-margin positions, and supervising rehypothecation of any funds in Customer’s account(s).
5. Debiting from Customer’s account any commissions or fees owed to IB or other third party.
6. Preparing and transmitting to Customer monthly or, if appropriate, quarterly account statements electronically.
7. Responding to inquiries or complaints regarding Customer’s account.
13. US Citizens And Residents
According to CFTC regulation regarding FX trading, DMX Markets doesn’t open accounts to US citizens and residents.
14. Trade Confirmations
Trades executed online will be confirmed online at the time of the trade and trades entered into by telephone will be confirmed verbally and online by 21:30 GMT on the day of execution. Reports of the confirmation of orders and statements of accounts for Customer shall be deemed correct and shall be conclusive and binding upon Customer the sooner of: (x) two (2) Business Days after transmittal to Customer by posted mail or (y) immediately with respect to Orders confirmed via the DMX Markets Online Trading System. Customer may object to confirmations and statements by telephone within the time frames identified above, but any such objection must be confirmed by e-mail to info@DMX Markets.com in writing within two (2) Business Days thereafter to DMX Markets, (which confirmation shall be deemed received only if actually delivered or mailed by registered mail, return receipt requested to DMX Markets at such address). Failure to object shall be deemed ratification by Customer of all actions taken by DMX Markets or DMX Markets agents prior to Customer’s receipt of such reports. Customer’s failure to receive a trade confirmation shall not relieve Customer of the obligation to object as set out herein. Customer agrees to immediately call to DMX Markets attention any oral information that Customer has reason to believe is inconsistent with Customer’s own information. Customer understands, acknowledges and agrees that errors, whether resulting in a profit or loss to Customer, shall be corrected, and Customer’s account will be credited or debited in such manner and extent as to place Customer’s account in the same position in which it would have been had the error not occurred.
Reports, statements, notices and any other communications from DMX Markets may be transmitted to Customer by placement on DMX Markets Website, or (y) mail, or other delivery service to Customer’s current address as reflected on DMX Markets records. Customer shall notify DMX Markets immediately of any change in Customer’s address by email to info@DMX Markets.com or by mail or other delivery service to DMX Markets. All communications sent by DMX Markets shall be deemed effective when deposited by DMX Markets in the mail or with another delivery service, or when received by a transmitting agent (such as an Internet service provider) for transmission to Customer,whether actually received by Customer or not. All communications sent by Customer shall not be deemed effective until accepted by DMX Markets.
16. DMX Markets Responsibilities
DMX Markets shall not be liable to Customer for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused, directly or indirectly, by any events, actions or omissions, including, without limitation, claims, losses, damages, costs or expenses, including attorneys’ fees, resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations, devaluations), natural disasters, acts of God, market conditions, inability to communicate with any relevant person or any delay, disruption, failure or malfunction of any transmission or communication system or computer facility, whether belonging to DMX Markets, Customer, any market, or any settlement or clearing system.
17. Intellectual Property And Confidentiality
All copyright, trademark, trade secret and other intellectual property rights in the DMX Markets Online Trading System (“Trading System”) shall remain at all times the sole and exclusive property of DMX Markets and/or its 3rd party service providers and Customers shall have no right or interest in the Trading System(s) except for the right to access and use the Trading System(s) as specified herein. Customer acknowledges that the Trading System(s) are confidential and have been developed through the expenditure of substantial skill, time, effort and money. The Customer will protect the confidentiality of DMX Markets and/or its 3rd party service providers by allowing access to the Trading System(s) only by its employees and agents on a need to access basis. Customer will not publish, distribute, or otherwise make information available to third parties any information derived from or relating to the Trading System(s). Customer will not copy, modify, de-compile, reverse engineer, and make derivative works of the Trading System(s) or in the manner in which it operates.
Customer agrees to indemnify and hold DMX Markets, its affiliates, employees, agents, successors and assigns harmless from and against any and all liabilities, claims, losses, damages, costs and expenses, including attorneys’ fees, incurred by DMX Markets arising out of: (i) Customer’s failure to fully and timely perform its obligations hereunder and (ii) any of Customer’s representations and warranties made that may at any time be untrue or incorrect. Customer also agrees to pay promptly to DMX Markets any and all claims, losses, damages, costs and expenses, including attorneys’ fees, incurred by DMX Markets in the enforcement of any of the provisions of this Agreement, any Contracts and other transactions hereunder, and any other agreements between DMX Markets and Customer and the collection of any amounts due hereunder and there under.
19. Disclosure Of Customer Information
20. Joint Accounts And/Or Trust Accounts
If more than one natural person executes this Agreement as Customer, all such natural persons agree to be jointly and severally liable for the obligations assumed in this Agreement. If this Agreement is executed by a trust, unincorporated association, partnership, custodian or other fiduciary, such Customer hereby agrees to indemnify, defend, save and hold free and harmless DMX Markets for any liabilities, claims, losses, damages costs and expenses, including attorneys’ fees, resulting directly or indirectly from breach of any fiduciary or similar duty or obligation or any allegation thereof, including attorneys’ fees.
Customer understands, acknowledges and agrees that DMX Markets may amend or change this agreement at any time. DMX Markets will provide notice to Customer of any such amendment or change by posting the amendment or change to the website or by sending an e-mail message to Customer. Customer agrees to be bound by the terms of such amendment or change on the earlier of: (x) ten (10) days after DMX Markets has posted notice of such amendment or change to the Corporate website; or (y) on the date of the entry of any Order other than a Liquidating Order. In the event that Customer objects to any such change or amendment, Customer agrees to liquidate Customer’s Open Positions and instruct DMX Markets regarding the disposition of all assets in Customer’s account within ten (10) business days after notice of the amendment or change has been posted to the Corporate website. No waiver or amendment of this Agreement may be implied from any course of dealing between the parties or from any failure by DMX Markets or its agents to assert its rights under this Agreement on any occasion or series of occasions. No oral agreements or instructions to the contrary shall be recognized or enforceable.
This Agreement shall continue and be in effect until termination by Customer or DMX Markets. Customer may terminate this Agreement if: (i) Customer has no open Foreign Currency or CFD positions and no liabilities held by or owed to DMX Markets and (ii) Customer has provided three (3) days’ written notice to DMX Markets by email to info@DMX Markets.com to DMX Markets, and (iii) DMX Markets has accepted the notice as provided in Section 14 hereof. DMX Markets may, in its sole discretion, terminate this Agreement at any time, effective as of the close of business on the day notice is sent to Customer. Termination by either party shall not affect any Contracts or other transactions previously entered into and shall not relieve either party of any obligations set out in this Agreement, nor shall it relieve Customer of any obligations arising out of any deficit balance.
23. Entire Agreement
This Agreement together with the Customer Account Application embodies the entire agreement between DMX Markets and the Customer superseding any and all prior written and oral agreements.
Customer acknowledges and agrees that any and all conversations between Customer and DMX Markets principals, agents, employees or associates, including DMX Markets Trading Desk and customer service and operations desks may, at the option and in the sole discretion of DMX Markets, be recorded electronically with or without the use of an automatic tone warning device. Customer further agrees to the use of such recordings and transcripts thereof as evidence by either party in connection with any dispute or preceding that may arise involving Customer or DMX Markets.
25. Binding Effect
This Agreement shall be continuous and shall cover, individually and collectively, all accounts of Customer at any time opened or reopened with DMX Markets, irrespective of any change or changes at any time in the personnel of DMX Markets or its successors, assigns, or affiliates. This Agreement, including all authorizations, shall inure to the benefit of DMX Markets and its successors and assigns, whether by merger, consolidation, or otherwise and shall be binding upon Customer and/or the personal representatives, heirs, executor, administrator, trustee, legatees, legal representative, successors and assigns of Customer.
26. Law And Jurisdiction – Severability
This Agreement is governed by, and shall be construed in accordance with the laws of Belize City, Belize without giving effect to any conflict of laws doctrine that would interfere with or prevent the application of this provision. With respect to any suit, action or proceeding (“Proceeding”) relating to this Agreement, Customer irrevocably (i) submits to the exclusive jurisdiction of the courts located in Belize City, Belize, (ii) agrees to service of process in any legal proceeding by sending copies thereof by registered or certified mail, if practicable (postage prepaid) to the other party at the address set in DMX Markets website or updated as provided in Paragraph 14 hereof (where service of process is being made by DMX Markets), (iii) waives any objection which it may have at any time to the laying of venue of any Proceeding brought in any such court, waives any claim that such Proceeding have been brought in an inconvenient forum, (iv) agrees that the Proceeding shall be commenced within one (1) year after the cause of any such Proceeding shall have arisen and (iv) further waives the right to object, with respect to such Proceeding, that such court does not have jurisdiction over such party.
DMX Markets is registered and incorporated in Belize and it does its business in accordance with an International Business Companies Act.
28. Authorization To Transfer Funds
Customer hereby agrees that DMX Markets may at any time and from time to time, in the sole discretion of DMX Markets, apply and transfer from any of Customer’s accounts with DMX Markets to any of Customer’s other accounts, whether held at DMX Markets or other approved financial institutions, any of the Contracts, currencies, securities or other property of Customer held either individually or jointly with others to another account.