Last updated 01.02.2021
PRIOR TO USING SERVICES AVAILABLE ON https://dexly.pro/ YOU SHOULD CAREFULLY CONSIDER THE TERMS AND CONDITIONS OF THIS WEB-SITE, TO THE EXTENT NECESSARY, CONSULT AN APPROPRIATE LAWYER, ACCOUNTANT, OR TAX PROFESSIONAL. IF ANY OF THE FOLLOWING TERMS ARE UNACCEPTABLE TO YOU, YOU SHOULD NOT USE THE WEB-SITE, AND TO THE EXTENT PERMITTED BY LAW, YOU AGREE NOT TO HOLD ANY OF THE COMPANY AND ITS RESPECTIVE PAST, PRESENT AND FUTURE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, CONSULTANTS, EQUITY HOLDERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARENT COMPANIES, SUBSIDIARIES,
AFFILIATES, AGENTS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS LIABLE FOR ANY LOSSES OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM, OR IN ANY WAY CONNECTED, TO THE TRADING WITH MARGIN, INCLUDING LOSSES ASSOCIATED WITH THE TRADING WITH MARGIN.
1.1. By visiting https://dexly.pro you (“Client”) are accepting all the risks described in this Risk Disclosure Notice.
Any reference to ‘us’, ‘our’, ‘we’ or ‘Dexly’, ‘Company’ in this notice is a reference to each company within the Dexly group of companies as the context requires unless otherwise stated.
1.2. You must read carefully this notice which is easily accessible on the Company’s website before deciding to open a trading account with the Company and before commencing any trading activity with the Company. Under no circumstances, should you risk more than you are prepared to lose.
2. Market risks
2.1. Dexly enables you to use leverage to open a trade by depositing a fraction of the total trade value; this means that a relatively small market movement may lead to a proportionately much larger movement in the value of your trade.
2.2. Markets may fluctuate rapidly to reflect events that are outside the control of the Company and/or your control; as a result, prices will become volatile. This can be caused, for example by unexpected economic events or market announcements, within or outside trading hours. In addition, if prices move against you, this will have a direct and real-time impact on your trades, which may be automatically stopped-out.
2.3. Consequently, Dexly may be unable to execute your instructions at the requested price. Therefore, even ‘stop-loss orders’, whereby your trade will be executed only when the instrument you want to buy or sell reaches a particular price (the stop price), cannot guarantee the limit of loss. ‘Stop-loss orders’ are not guaranteed to be filled at the price you state. Once the ‘stop-loss orders’ has been triggered, it turns into a market order, which is filled at the best possible price. This price may be lower than the price specified by the ‘stop-loss orders’.
2.4. Past performance, simulation or prediction does not constitute an indication of future results. You should note that the value of your investment can decrease (as well as increase) as the market price of the underlying asset may fluctuate downwards (or upwards)
2.5. Some of the instruments may not become immediately liquid as a result of reduced demand for the underlying instrument and Client may not be able to obtain the information on the value of these or the extent of the associated risks.
3. Nature of leveraged products
3.1. Our products are complex instruments and come with a high risk of losing money rapidly due to leverage. These products are not suitable for all investors. You should consider whether you understand how these products work and whether you can afford to take the high risk of losing your money. Seek independent advice if necessary.
3.2. Leveraged products are traded off-exchange (or Over-the-Counter (‘OTC’)); this means Dexly is at all times the counterparty to the Client trades and any trades entered into with the Company, can only be closed with us. Your ability to open and/or close trades is dependent on the availability of our service.
3.3. You understand that you are not entitled to the physical delivery of the underlying instrument of the leveraged product you are trading and you have no rights in the underlying instrument.
4. Margin and liquidation risks
4.1. The Client should be aware of the implications of leveraged products trading and in particular the specific margin requirements which are applied thereto. The Client is required to deposit funds in his trading account in order to open a margin position and the funds should reflect the specific margin required.
4.2. The Client shall learn about the margin requirements and fees for each individual instrument before he begins trading; such information is available at https://dexly.pro/trading-conditions/. Margin requirements will depend on the underlying asset, level of leverage applied, and the value of position to be established.
4.3. The Company has no obligation to inform the Client about the critical margin utilization levels. It is Clients sole responsibility to maintain sufficient margin on your account at all times in order to avoid stop-out.
5. Cryptocurrency risks
5.1. The market for cryptocurrency is still new and uncertain. No-one should have funds invested in cryptocurrency or speculate in cryptocurrency that she is not prepared to lose entirely. Whether the market for one or more cryptocurrency will move up or down, or whether a particular cryptocurrency will lose all or substantially all of its value, is unknown. This applies both to traders that are going long and to traders that are shorting the market. Participants should be cautious about holding cryptocurrency.
5.2. Markets for cryptocurrency have varying degrees of liquidity. Some are quite liquid while others may be thinner. Thin markets can amplify volatility. There is never a guarantee that there will be an active market for one to sell, buy, or trade cryptocurrency or products derived from or ancillary to them. Furthermore, any market for cryptocurrency may abruptly appear and vanish. Any cryptocurrency is subject to delisting without notice or consent.
5.3. You acknowledge that Dexly is not responsible for any losses or damages of any kind arising either directly or indirectly from the sending of cryptocurrency to the wrong wallet address during the withdrawal of funds from their Dexly account. There is a risk that the cryptocurrency may unintentionally include weaknesses or bugs in the source code interfering with the use of or causing the loss of cryptocurrency.
5.4. Advances in cryptography, or technical advances such as the development of quantum computers, could present risks to cryptocurrencies which could result in the theft or loss of cryptocurrency.
5.5. The legal status of certain cryptocurrency may be uncertain. This can mean that the legality of holding or trading them is not always clear. Whether and how one or more cryptocurrency constitute property, or assets, or rights of any kind may also seem unclear. Participants are responsible for knowing and understanding how cryptocurrency will be addressed, regulated, and taxed under applicable law. There is a risk that in some jurisdictions cryptocurrency might be considered to be a security, or that it might be considered to be a security in the future. Dexly does not give warranties or guarantees that any cryptocurrency is not a security in all jurisdictions.
5.6. Client is bound to check if acquisition and disposal of cryptocurrency is legal in his jurisdiction, and should not use cryptocurrency should their use is illegal in the relevant jurisdiction.
6. Technical risks
6.1. You acknowledge that there are risks associated with online trading including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that Dexly shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the website or our services.
6.2. You acknowledge that you may be prevented from sending a transaction request, or a transaction request or email may not be received by Dexly due to hardware, software or network connectivity issues. You accept that Dexly is not responsible for any loss or damage whatsoever arising directly or indirectly due to any such issues.
7. Market making risks
7.1. You acknowledge that Dexly may act as a Market Maker for certain leveraged products. You acknowledge that Dexly, when acting as a Market Maker, may quote you bid and ask prices. Not with standing this, you accept that Company has no obligation to quote prices to you at any time in any given market, nor an obligation to quote prices with a specific maximum spread to you.
8. Fund transfer risks
8.1. You acknowledge that the Company cannot be held liable for the number of days passing between the transfer of funds from your account on Dexly until the time that the transferred funds are booked on the account with the receiving financial institution.
8.2. You acknowledge that Dexly cannot be held liable for the number of days passing between the transfer of funds by the sending financial institution until the time that the transferred funds are received by Dexly and booked on your account.
9. No investment advice
9.1. Dexly does not provide investment, financial, legal, tax, regulatory or other advice relating to investments or trading. Any material or information or other features, which may be provided to you through our website, trading platforms, marketing or training events or otherwise, is generic and shall not be treated as advice appropriate for you or based on a consideration of your personal circumstances. You should seek independent professional advice from a suitably qualified advisor, if necessary, prior to engaging in trading with us.
10.1. You are solely responsible for withholding, collecting, reporting, paying, and/or remitting any and all taxes to the appropriate tax authorities in such jurisdiction(s) in which you may be liable to pay tax. Dexly shall not be responsible for withholding, collecting, reporting, paying, and/or remitting any taxes (including, but not limited to, any income, capital gains, sales, value added or similar tax) which may
arise from your online trading activities or acquisition of cryptocurrency.
11. Client Declaration
11.1. The Client hereby acknowledges, confirms and accepts that by opening an account with the Company he runs a high risk of incurring losses and damages as a result, and declares that he is willing to proceed with this kind of trading and undertakes such risks.