Time shall be of the essence in respect of all your obligations under these Terms.
You will promptly notify us in writing if any of the above representations and warranties shall materially change or cease to be true and correct.
A person who is not a party to the Terms has no right to enforce any of the Terms against BlockEx
In the Terms:
“Act of Insolvency” means:
“Applicable Regulations” means any laws and rules of a relevant jurisdiction and/or regulatory authority; the rules of the relevant exchange; and all other applicable laws, rules and regulations, customs, procedures, policies, directives relating to countries, markets, Exchanges, market centres, including without limitation rules relating to anti money laundering and client identification in force from time to time.
“Associate” means (in relation to a person):
“Business day” shall be construed as a reference to a day (other than a Saturday or Sunday) on which:
“Confidential Information” means information relating to trading positions, volumes, non-public trading information or other proprietary information which is made available (whether before or after these Terms are agreed) in writing, visual or machine readable form (including by fax and other forms of electronic transmission) or orally for the purpose of considering, negotiating, advising in relation to or furthering the performance of the Terms and also includes any information, analyses, compilations, notes, studies, memoranda or other documents derived from, containing or reflecting such information but excludes information which:
“Customer” means the client of BlockEx in relation to each Transaction, including the Broker’s end users;
“Customer Costs” means:
“Execution Services” means execution and transmission of orders for Transactions.
“Platform” means the internet based electronic trading platform through which we have agreed to provide digital asset trading services.
“Services” means a service provided by us, for example an internet trading service offering clients access to electronic trading facilities for digital assets ;
“Event of Default” means any of the events listed in the Terms;
“Exchange” means any exchange or multilateral trading facility relevant (as determined by BlockEx) for the purposes of the Terms, and includes its clearing house (if any);
“Indebtedness” shall be construed so as to include any obligation (whether present or future, actual or contingent, as principal or surety or otherwise) for the payment or repayment of money;
“Market” means, except where indicated otherwise, any exchange, regulated market or multilateral trading facility.
“Obligations” means obligations present or future, actual or contingent or prospective, owing or which may become owing by you to us under any Transaction or designated by us for these purposes in writing, including margin obligations;
“Party” means you or us;
“Potential Event of Default” means any event which may (with the passage of time, the giving of notice, the making of any determination or any combination of the above) become an Event of Default;
“Terms” means these terms of business including each schedule and/or additional terms notified from time to time by BlockEx in relation to Transactions via the Platform;
“Transaction” means a digital asset transaction made on the Platform or any other transaction which both Parties agree is considered a Transaction for the purposes of these Terms, and any reference in the Terms to “the Terms” includes the terms of any Transaction.
Hierarchy: Any reference to “the Terms” shall be construed as including the schedules attached to these General Terms and Conditions and all additional terms notified to you as applicable to Transactions via the Platform as the same may from time to time be amended, varied, novated or supplemented. We may from time to time send to you additional terms, including in respect of Transactions via the Platform. In the event of any conflict between these General Terms and Conditions of Business and any other contract between you and BlockEx, these Terms shall prevail.
Headings: Headings are for ease of reference only and do not form part of the Terms.
General interpretation: A reference in the Terms to a “Term”, a “Clause” or “Schedule” shall be construed as a reference to, respectively, a term, a clause or schedule of the Terms, unless the context requires otherwise. References in the Terms to any statute or statutory instrument or Applicable Regulations include any modification, amendment, extension or re-enactment thereof. A reference in the Terms to “document” shall be construed to include any electronic document.
“BlockEx”, “we” or “us” means BlockEx Ltd and other companies and brands in the BlockEx group, including but not limited to BlockExMarkets.com and DAXT.io.
“BlockEx Products” means products, services and/or platforms offered by BlockEx.
“BlockEx Websites” includes those websites operated by BlockEx, including but not limited to: BlockEx.com, BlockExMarkets.com, DAXT.io
“Personal Data” means any data which relates to a living individual who can be identified from that data or from that data and other information which is in the possession of, or is likely to come into the possession of, BlockEx (or its representatives or service providers). In addition to factual information, it includes any expression of opinion about an individual and any indication of the intentions of BlockEx or any other person in respect of an individual.