Welcome to the CryptalDash Limited Exchange. CryptalDash is incorporated as CryptalDash Limited in Gibraltar with company number: 117043. Our registered office is at Suite 7 Hadfield House, Library Street, Gibraltar, GX11 1AA (“CryptalDash”, “we”, “us” or “our” as the context may require).
The CryptalDash Exchange is a platform that enables the purchase, sale and exchange of various digital currencies and tokens on a secure and trusted platform. This may include cryptocurrencies such as Bitcoin, Ethereum, and other tokens and cryptocurrencies and blockchain protocols (“Cryptocurrency” or “Digital Asset”).
These terms and conditions set out the terms on which CryptalDash provides the Platform and provides the Services and on which you agree to use the Exchange and to use the Services (the “Terms”). These Terms apply to all Orders made via the Platform.
Please review these Terms carefully and make sure that you understand them before using the Platform and/or making an Order. If you do not agree to these Terms, do not access our Platform and do not use any of our services or make an Order through the Platform.
By using the Platform and/or making an Order, you accept and agree to be bound by these Terms.
CryptalDash may at any time modify these Terms. CryptalDash will notify you of any changes to these Terms either by emailing you (at the email address entered by you into the registration form on the Platform) and/or by posting a notice on the Platform. By continuing to use the Platform and/or making any Order after changes to these Terms are made and notified to you, you agree to be bound by such changes.
You can review the most current version of our Terms at any time by clicking on the “Terms and Conditions” link located at the bottom of the Platform. It is your responsibility to ensure that you are familiar with the current Terms. You are advised to check the above link on a regular basis.
Various definitions are set out in these Terms. Some definitions are replicated below and others are contained in the relevant parts of these Terms. In these Terms, the following expressions shall have the following meanings:
“Account”: means an account registered by you on the CryptalDash Platform.
“Buyer”: means the User who submits an Order to buy Cryptocurrencies through the Platform.
“Commission”: means a fee charged by or on behalf of any third party (e.g. bank, nonbank financial institution, payment service provider, etc).
“Cryptocurrencies” or “Digital Assets”: means any digital asset we support on the Platform (e.g. Bitcoin, Ethereum, etc.).
“Deposit”: means a Transaction involving a transfer of Funds to the Account.
“Funds”: means Cryptocurrencies and Fiat currency.
“Order”: means a User’s instruction to buy or sell Cryptocurrencies on certain conditions.
“Platform”: means the trading platform published by CryptalDash from time to time including without limitation the trading platform at www.cryptaldash.com.
“Seller”: means the User who submits an Order to sell Cryptocurrencies through the Platform.
“Services”: mean all and any service provided by CryptalDash.
“Site”: means the CryptalDash website at www.cryptaldash.com.
“Transaction fee”: means a fee which is payable to CryptalDash for each completed Transaction.
“Transaction Price”: means the total price paid by the Buyer in respect to each Transaction performed via the Service.
“Transaction”: means (i) transfer of Cryptocurrencies or Fiat currencies by the User to their Account (“Deposit Transaction”); (ii) transfer of Cryptocurrencies, Fiat currencies among the Users (“Trading Transaction”), (iii) withdrawal of Cryptocurrencies or Fiat currencies from his Account (“Withdrawal Transaction”).
“User”: means a person or an entity, who uses the Services, agreed to the Terms and Conditions and is a holder of an Account.
“Withdrawal”: means a Transaction involving a transfer of Funds from the User’s Account to his/her bank account or to account opened in any other financial institution.
In these Terms, unless the context otherwise requires, words importing the singular shall be deemed to include the plural and vice versa, words importing the masculine gender shall include the feminine gender also and vice-versa, words importing the neuter gender shall include the masculine and feminine gender also and vice-versa.
Unless stated otherwise, references to an “Act” is a reference to a Gibraltar Act of Parliament (as may be amended from time to time).
References in these Terms to any statute or any statutory provision shall include any statute or statutory provision which now or at any time in the future, amends, extends, consolidates or replaces the same or which has been amended, extended, consolidated or replaced by the same and shall include any orders, regulations, instruments or other subordinate legislation made under the relevant statute.
Our services permits you to transfer in and withdraw various Cryptocurrencies and allows all Users of the Platform to trade Cryptocurrencies with other Users.
Depending on the User’s place of residence, the User may be unable to use all the functions of the Site. It is the User’s responsibility to follow those rules and laws in their place of residence and/or place from which the User accesses this Site.
You acknowledge and agree that, when completing Transactions, you are trading with other Users, and that CryptalDash acts only as an intermediary in such Transactions, not as counterparty to any trade.
The Site and our Services (as defined below) are subject to continuous development and so the actual functionality of the Site and the available Services shall be those referenced on the Site from time to time.
Cryptocurrencies that are referenced on this Site are currently unregulated forms of value exchange under European Financial Services laws and are not currently perceived as representing transferable securities’ or other ‘financial instruments’. However, CryptalDash has implemented a number of rules applicable to any Cryptocurrency or Digital Asset listed on Platform to provide a high level of industry standards for the purchase or exchange of Cryptocurrencies or Digital Assets. Laws and regulatory interpretations do however vary by jurisdiction.
Buying Cryptocurrencies involves many different risks. Cryptocurrencies often involve the use of experimental software, technologies and even business models that may not come to fruition or achieve the objectives specified in the information provided to participants. There is also a risk of illiquidity. Cryptocurrencies and Digital Assets listed on the Platform are not intended to represent securities or financial instruments.
The CryptalDash Exchange is targeted exclusively at participants who are sufficiently sophisticated to understand the various risks and make their own decisions based on their risk appetite. CryptalDash may publish and maintain a non-exhaustive list of potential risk factors (“Risk Factors”) associated with the products and services available on the site and you are deemed to have reviewed any such Risk Factors and considered them when using the Site and associated products and services.
Users should be aware that the markets for Cryptocurrencies are subject to extreme volatility. These fluctuations may increase or decrease the value of your assets at any given moment and in some cases any specific Cryptocurrency or Digital Asset may even become worthless. There is a risk that significant losses will arise to users as a result of volatility and speculation. Users must ensure they take all these Risk Factors into account when deciding on the amount they wish to purchase and the frequency with which they wish to trade. If you feel uncomfortable with the risks or your financial position then you need to reduce or even eliminate your exposure to buying or trading Cryptocurrencies.
Cryptocurrencies are also not normally backed by any governmental body, legal entities or by real assets. This means they may not have any redemption value and their trading is not supervised. Cryptocurrencies are backed by technology and the trust of users in the technology to create suitable trust-less protocols to manage transactional information. There is no central bank or regulator that will take corrective measures in the event of a failure of a Cryptocurrency or Digital Asset or the wider market. n addition, there is no public insurance or asset guarantee scheme that will protect you from any losses including from unauthorised use of your Cryptocurrencies and from cybercrime and in addition it may not be possible or commercially feasible for us to obtain private insurance to seek to mitigate our and your risks from the same.
The above risk warning is not intended to be a conclusive list of risks that are applicable to buying, selling and trading Cryptocurrencies. You remain responsible for taking care to understand the technological, economic and legal nature of Cryptocurrencies and for carefully managing your exposure in accordance with that understanding and your risk appetite for innovative, volatile and speculative new technologies and assets.
Our payment service providers have no involvement in the purchase, sale or exchange of Cryptocurrencies and are only involved in the transfer and safeguarding of our and our clients’ fiat currencies (“Funds”).
You are 18 or over. If you are under 18 years of age, then you must not use or access the Site at any time or in any manner.
You are either acting on your own account or acting on a disclosed basis on behalf of an organisation and have the consent and authority to represent such organisation and you have the consent and authority to bind the organisation when accepting these Terms.
You represent that:
The Platform allows you to submit Orders to buy or sell Cryptocurrencies.
The Platform also gives you access to third party platforms (cryptocurrency exchanges), resulting in better price discovery. CryptalDash gives Users an opportunity to browse through the various markets simultaneously, compare prices, and trade without the errors experienced in multi-platform trading.
You recognise that an Order should only be submitted after careful consideration and you understand and accept the consequences of its execution. You further agree that as soon as the Order is executed, such transaction is irreversible and may not be cancelled. Transactions will be executed instantly upon the matching of the Buyer`s and the Seller`s Orders, without prior notice to the Seller and the Buyer, and will be considered to have taken place at the execution date and time.
Minimum and maximum order amounts vary for each trading pair and can be seen on the Trade Page of the Platform when placing an Order.
You acknowledge and agree that Deposit and Withdrawal Transactions in Fiat currency may be delayed due to bank verifications and checks, for a period up to one (1) month. Similarly, and due to the inherent nature of the blockchain, you acknowledge and agree that depositing and withdrawing Cryptocurrencies into/from your Account may take between one (1) hour and twenty-four (24) hours, barring unforeseen or unavoidable network issues.
Unverified users are not allowed to withdraw any Cryptocurrencies from their Account within forty-eight (48) hours after the Account was created.
In the case of the User discovering their transaction activity (including but not limited to unknown deposits and withdrawals) on his Account that was not initiated by the User, they shall immediately notify CryptalDash of this activity and follow the instructions sent by CryptalDash. Otherwise, CryptalDash reserves the right to freeze the Account until we are able to investigate the matter and conclude the investigation.
CryptalDash may be forced to cancel or recall an already executed Withdrawal Transaction at a request of financial institutions, including but not limited to banks, which are involved in settlement of such Transactions. In such cases, the User agrees to cooperate with CryptalDash in order to discover the reasons for such a request.
CryptalDash is subject to financial services regulatory supervision from the Gibraltar Financial Services Commission (“GFSC”).
We are in the process of obtaining OR [We have obtained] an in-principle decision from the GFSC to operate as a DLT Provider under the new DLT regime that has been implemented in Gibraltar. We therefore act on the basis that we will always seek to comply with the 9 Regulatory Principles: http://www.gfsc.gi/dlt, which are the following:
You acknowledge that we will conduct a check of your background and identity (where applicable) as required by applicable laws in connection with specific uses of the Site and in order to minimise the risk of crime and fraud against us and other Site and Services Users. You shall comply with such identification and other anti-money laundering requirements that we may from time to time require. We may also require identification information about the sources of funds being provided by the User.
You hereby consent and authorise us to, either directly or via third parties, make any inquiries and conduct any investigation we consider necessary to verify such information. You further consent and authorise any and all third parties to which any such queries or investigations may be directed to fully respond to such queries or investigations.
You acknowledge and agree that we may, at our sole discretion, deny you the right to access the Site and Services. You further acknowledge and agree that CryptalDash will have no liability to you or bear responsibility for any losses queries or investigations arising from this.
We may share your personal information with law enforcement, data protection authorities, government officials, and other authorities when:
You confirm that:
You must understand the risks involved and be aware that purchasing Cryptocurrencies exposes you to a likelihood of partial or complete loss of value and that any Cryptocurrencies may not have a liquid market. You must be sophisticated enough to recognise the risks of purchasing Cryptocurrencies. We may ask you for information needed to confirm your financial status or level of knowledge prior to allowing you to make purchases through the Site or anytime thereafter.
Your use of our Site and Services may be subject to agreement of such additional terms and/or policies (“Additional Terms”) as are relevant, and may include terms that govern your rights in association with any Order you make in respect of a particular Cryptocurrency or Digital Asset on any associated site.
CryptalDash makes no representation that materials on the Site are appropriate, lawful or available for use in any locations other than Gibraltar. Those who choose to access or use the Site from locations outside Gibraltar do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site will be accessible via a mobile or wireless device such as a tablet or smartphone (“Mobile Services”). Your use of CryptalDash Mobile Services is subject to your mobile service provider’s regular messaging, data and other rates. Mobile Services are also limited by your mobile service provider, which may not work with all providers and devices, and your provider may prohibit or restrict you from downloading, installing the Mobile Services. You bear sole responsibility of checking if your mobile service provider allows for use of CryptalDash`s Mobile Services and the costs that you may incur. All use of the Site and the related Mobile Services must be in accordance with these Terms.
As a condition to using some features of the Site, CryptalDash may require you to register for an Account, create a user profile, and select a username and password. While you may always browse certain portions of the Site without registering with CryptalDash, you must register an Account with us to access the password-protected portion of the Site.
You are solely responsible for all activity that takes place under the authorisation of your Account. We will not be liable for any loss or damage arising from unauthorised use of your credentials. You hereby release CryptalDash from any and all liabilities arising from such activity.
You are responsible for maintaining the security and confidentiality of your Account verification details (including any password). You agree to notify us immediately at [email protected] if you suspect or know of any unauthorised use of your login credentials or any other breach of security with respect to your Account. Separate login credentials may be required to access External Sites (defined below).
Upon Account creation, you consent to provide correct and complete information, you will update the information about yourself promptly, and as necessary, to keep it current and accurate. CryptalDash expressly disclaims any and all liability arising from revocation, cancellation, or suspension of your account for any reason. Your account and registration will terminate immediately upon your breach of any of the Terms.
We reserve the right to, with or without prior notice, suspend or terminate your Account if activities occur on your Account which infringe or violate any third-party rights, damage or bring into disrepute the reputation of CryptalDash, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then we may terminate your Account immediately without notice to you and without any liability to you or any third party. You may terminate your Account and participation as a registered user at any time, without notice.
We may also take steps to freeze your Account if we have any suspicion that it may have been compromised. Whilst we try to mitigate the risk of fraud and cybercrime, we make no warranty that we will be able to identify or prevent unauthorised access to your Account and you should check your Account frequently.
All content on this Site is the property of CryptalDash and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereto.
The trademarks, trade names, service marks and logos of CryptalDash and others used on the Site (hereinafter the “Trademarks”) are the property of CryptalDash and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belong to us. The Trademarks and other content on the Site should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, collected or distributed in any form or by any means, whether by manual means or automated. The use of any content from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorised use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.
Without conflict or limitation of other terms in these Terms, you agree not to, and to refrain from attempting to:
Any of the above will constitute breach of these Terms allowing us to suspend or terminate your use of the Site and any Account with immediate effect.
In order to protect CryptalDash, the Site, you and our other Users we may also be required to suspend your Account or use of the Site without notice at any time and with immediate effect where we deem it reasonably necessary to ensure the safety of our customers and/or other Users and to protect against the risks of fraud and cybercrime. We may also be required to suspend our Services and use of the Site due to unforeseen operational or technical difficulties.
The Company may suspend or terminate your account or use of the Service, or the processing of any digital asset transaction, at any time if it determines in its sole discretion that you have violated this Agreement or that its provision or your use of the Service in your jurisdiction is unlawful. USE OF THE SERVICE BY PERSONS LOCATED IN THE UNITED STATES OF AMERICA AND JAPAN IS PROHIBITED.
The Site may contain links to other websites that are not owned or controlled by CryptalDash (collectively, “External Sites”). CryptalDash expressly does not make any representations or guarantees about the accuracy or completeness of the content and materials presented on these External Sites. You should contact the site administrator of these External Sites should you have any concerns regarding their content. If you access any External Sites, then you do so solely at your own risk and discretion. You will be held solely responsible for compliance with any terms of service or similar terms imposed by any External Site in connection with your use of them, including but not limited to their privacy policies.
To the fullest extent permitted by law, these Terms and any dispute arising from use of the Site and our Services will be governed by and construed in accordance with Gibraltar law.
The parties hereto agree to irrevocably submit to the exclusive jurisdiction of the courts of Gibraltar, but subject to the exclusive right for CryptalDash to take action in any other jurisdiction as it deems appropriate to enforce its rights herein.
By accepting these Terms both parties each agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, representative or consolidated action.
Except as otherwise required by law, in no event shall CryptalDash, our directors, members, employees, advisers or agents be liable for any special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use our services or the CryptalDash materials, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from CryptalDash, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorised access to CryptalDash records, programs or services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
To the maximum extent permitted by applicable law, in no circumstance shall the aggregate liability of CryptalDash (including our directors, members, employees, advisers and agents), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or in relation to the use of, or inability to use, CryptalDash or to these Terms exceed the fees paid by you to CryptalDash during the 12 months immediately preceding the date of any claim giving rise to such liability.
No offer of securities. CryptalDash represents that Cryptocurrencies and Digital Assets that are listed on the Platform cannot be classified as a "security" by the SEC and/or other competent national authorities. Moreover, CryptalDash represents that it never intended or desired to list Cryptocurrencies or Digital Assets that can be classified as a "security". The responsibility for the fact that the instrument cannot be treated as “security” lies with the User. If there is any risk or speculations that a Cryptocurrency or Digital Asset can be treated as a “security”, CryptalDash reserves the right to delist such Cryptocurrency or Digital Asset at its sole discretion.
Any dispute that may arise between you and a third party, including but not limited to other Users and organisations, in connection with your use of the Site is directly between you and the said third party. Accordingly, to the utmost extent permitted by law, you hereby irrevocably release CryptalDash from any and all claims, demands and damages, known and unknown, arising out of or in any way connected with such disputes.
To the fullest extent permitted by applicable law, you will indemnify, defend, indemnify and hold harmless CryptalDash and its respective past, present and future officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable lawyers’ fees) imposed upon or incurred by CryptalDash directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of these Terms or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Terms or your use of this Site or the Services found on this Site.
The term of this agreement between you and CryptalDash commences as per your first use of the Site and will continue until the termination of this agreement by either you or CryptalDash.
You may terminate your agreement to these Terms, and close your Account at any time, following settlement of any pending transactions.
You may terminate this agreement and your Account by sending written notification to us at [email protected] and upon terminating your use of the Site.
Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect after such date.
Users agree that no joint venture, partnership, employment, or agency relationship exists between you and CryptalDash as a result of agreement to these Terms or your use of any of the Sites or Services.
These Terms constitute the entire agreement between you and CryptalDash relating to this subject matter (other than to the extent there are also Additional Terms applicable) and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by CryptalDash) between you and CryptalDash.
CryptalDash reserves the right to change, add or remove parts of these Terms at any time and at its sole discretion. You will be notified of any changes in advance through your Account. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of the Site following the posting of a notice of changes to the Terms signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms.
Noting in these Terms shall constitute a waiver by any User of any legal rights where applicable law does not permit such waiver.
Failure of CryptalDash to act on or enforce any provision of these Terms is not an indication of a waiver of that provision or any other provision in these Terms. No waiver will be effective against CryptalDash unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.
These Terms shall be binding on and enure for the benefit of the respective successors in title and permitted assigns of each of the Parties.
Noting in these Terms shall constitute a waiver by any User of any legal rights where applicable law does not permit such waiver.
CryptalDash may assign this agreement, including all its rights hereunder, without restriction or consent.
CryptalDash does not have any liability in association with:
CryptalDash does not make any guarantees or suggestion towards any probability that your Trade made via the Site will achieve a particular desired outcome. You further acknowledge and agree that CryptalDash makes no guarantees or makes any other commitments about your ability to access or use the Site.
Should you choose to provide CryptalDash with feedback or input regarding improvements, modifications, problems and proposed suggestions relating to the Site (“Feedback”), then you hereby grant to us a sub-licensable, non-exclusive, perpetual, transferable, irrevocable, global and royalty-free right to use the Feedback in any manner and for any purpose without any restriction, attribution or fees made to you or your organisation.
CryptalDash at its sole discretion, reserves the right to change, add or remove portions of these Terms (at any time). You will be notified of any changes in advance through your Account. Upon such notification, it is your responsibility to review the modified Terms.
Your continued use of the Site following the posting of a notice of changes to the signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the modified Terms.
If CryptalDash is unable to perform the Services outlined in these Terms due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy, CryptalDash will not have any responsibility to you with respect to the Services provided hereunder and for a time period coincident with such Force Majeure event.
If any term, clause or provision of these Terms are held invalid or unenforceable, it will be so held to the minimum extent applicable and required by law, and all other terms, clauses and provisions of these Terms will remain in full force and effect.
We constantly set and adjust daily trading and cash withdrawal limits based on security requirement and actual state of transactions;
If the transaction occurs frequently in an account registered by you or is beyond reasonable circumstances, our professional team will assess and determine whether such transaction is suspicious;
If we identify a specific transaction as suspicious on the basis of our assessment, we may adopt such restrictive measures as suspending the transaction or denying the transaction, and if it is possible, we may even reverse the transaction as soon as possible, and report to the competent authorities, without, however, notifying you;
We reserve the right to reject registration applications by applicants that do not comply with the international standards against money laundering or who may be regarded as political and public figures; we reserve the right to suspend or terminate a transaction identified as suspicious based on our own assessment, which, however, does not breach any of our obligations and duties to you.
If you have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of the Site and the Service, your Account, or any other matter, please contact: [email protected].
Copyright © 2017 Cryptalone. All rights reserved.Dated: December 22 ,2017