INDX User Agreement
The Internet Direct Access Exchange (website: https://www.indx.ru) is a technical platform for trading property rights with payments in WMZ-type title units in the Webmoney transfer system, which belongs to INDX Transactions LTD (hereinafter referred to as INDX»).
Use of the INDX website (Website) and the service offered on the website (Service) shall be governed by the terms on this Agreement page (Terms). This Agreement shall represent the entire agreement between the parties. Any other information provided on the Website or in oral/written statements shall be excluded from this Agreement; the exchange policy is given for information purposes only and shall not constitute a legally binding agreement between the parties.
By accessing information on the Website, browsing or downloading such information, as well as by using the INDX Service you confirm that you have read these Terms, understand them, and implicitly agree to comply with these Terms.
INDX may modify these Terms without prior notice. You agree that you shall continue to comply with the modified Terms and that INDX is not bound to notify you of such changes. You confirm that you shall periodically check these Terms for changes and that your continued use of the Website and Services offered by INDX shall mean your agreement to any such changes.
INDX - Shall mean a company of INDX Transactions LTD
Webmoney - Webmoney Transfer global settlement system - https://www.wmtransfer.com
Data - Shall mean any data entered on the Website by you or an authorized party.
Trader - Shall mean any participant of the Webmoney Transfer System with identification level no less than a formal passport, registered with INDX as a user
Service - Shall mean all services available on the Website (the list of which may be modified by INDX at any time)
Website - Shall mean any images, written matter, data bases, software or other material provided on any website owned or managed by INDX
1. Terms of Access
1.1. By registering as a Trader you state and guarantee that:
- You have read and accepted the Rules of Internet Exchange Operations;
- You are an authorized user of the Webmoney system and have no less than a formal passport. Information and documents submitted by you as part of the Webmoney system authentication procedure are valid, authentic, and current;
- You are the legal owner of the instruments (property rights) you use to replenish your INDX account and that these instruments were received from a legal source;
- The use of INDX Services does not violate legislation in the jurisdiction of your place of residence;
- You are informed of the risks arising in relation to the use of the Services provided by INDX. Among such risks is the chance of loss of all your instruments in your trading account if the market situation changes against you;
- You will not engage in activities designed to manipulate the market in any form, whether independently or with other parties, including not engaging in spoofing or similar activities;
- Any account information (external address) specified by you for withdrawal of instruments from your portfolio belongs to you and you are in full control of this address;
- You are not a resident in any territory whose jurisdiction forbids services provided by Webmoney. If it is found that you have provided invalid information concerning your place of residence, INDX may immediately close your account and dispose of all open positions at the current market price.
1.2. INDX may verify your identity at any time for the purpose of compliance with requirements of the British Virgin Islands anti-money laundering legislation.
1.3. By accessing and using the Service you undertake the following obligations:
- Not to engage in activities that endanger the security or integrity of the INDX computer systems or networks or (if a third party is the hosting provider of the Services) computer systems or networks of such third party;
- Not to use, including unlawfully, the Services in any way that may cause harm to the functionality of the Services, the Website, or other systems used to ensure Service operations, or that may prevent another user from using the Services or the Website;
- Not to attempt to receive unauthorized access to the computer system where the Website is hosted or to materials that differ from those to which you were granted direct access or for the use of which you were granted direct permission;
- Not to transmit or post on the Website (including in a public chat) files that may harm computer devices or software of any other party; content that may be offensive; or materials (Data) violating the law (including Data and other materials protected by copyright or trademarks that you may not use);
- Not to attempt to change, copy, adapt, reproduce, disassemble, decompile, or do reverse engineering of computer programs used to ensure the operations of the Services or Website management, except in cases when it is required for use of any of the Services or the Website in the ordinary course.
- To ensure secure storage of all instruments and user information required for Website access. To inform INDX immediately of any instance of unauthorized use of your user profile or security violation;
1.4. The use of the Service may be subject to certain restrictions, including, among others, a limit on the amount of transactions and the number of requirements allowed in the programmable interface of the INDX application. You will be notified of any such restrictions.
1.5. We may freeze your Account if we have reason to suspect that you are engaged in suspicious trading operations or other activities. This may lead to cancellation of your transactions. We shall not be liable for losses incurred by you or expected profits lost as a result of early closing of your trading positions or inability to use INDX for trading;
1.6. You shall indemnify us in full and compensate losses for all claims by third parties presented as a result of your actions or early closing of your positions by us. Once a freeze is placed on your Account we shall conduct an investigation, including on the basis of your replies to our possible inquiries. You will not be able to deposit or withdraw funds from your Account or conduct trading in the course of the investigation. At the end of the investigation we may make a decision to terminate your Account without disclosing the reasons;
1.7. We may terminate your Account by sending you a notice 24 hours in advance. Thus, you shall have 24 hours to close your positions. If, at the end of that time, you have any positions open, we shall have to close them on our own and refund the WMZ left in your account.
1.8. You shall provide accurate information, including external information for withdrawal of instruments for which such withdrawal is provided. We shall not be liable for your failure to receive such instruments, for whose withdrawal you have submitted a request, which is due to invalid or outdated information. You shall also be responsible for the right format and the right scale of requests sent to INDX for withdrawal of instruments.
1.9. INDX excludes its liability for any of your incorrect requests, including, among others, sending instruments to an external address that has the same format as an external address for other instruments.
1.10. We bear responsibility for correctly arranging market operations and therefore we may stop trading on the Website due to market disruptions or other qualifying external events. We shall not be liable for any losses or loss of expected profit as a result of stopped trading.
2. Intellectual Property Rights
2.1. All intellectual property rights for materials used on the Website, including, among others, design, structure, lay-outs, graphic images, and source code belong to INDS. All rights are reserved.
2.2. By placing any content in a public section of the Website, including blogs, message boards, and forums, you give INDX a free of charge, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivatives, distribute, make publically available, and execute such content (in full or in part) in any country in the world, as well as to include it in other work in any form on any media and using any technology available now or that will be developed in the future. Whereat, such license shall be granted for the entire term of the rights that may be applicable to such content. You shall also allow any subscriber to have access, to display, view, store, and reproduce such content for personal use.
2.3. By posting content on the Website you guarantee that you have the right to do so and all other rights required for such content.
3.1. You confirm that:
- You have the right to access and use the Website; in particular, in your country of residence, citizenship, or business the use of INDX Services is allowed;
- If you use the Website on behalf or in the interest of an organization, it is assumed that you have the right to do so. Said organization shall be liable for your actions, including any violation of these Terms;
- You bear all risks related to the use of the Website and the Service. You agree that INDX shall not be liable for any damage or harm caused by your use of the Website and Service;
- Information posted on the Website is provided for informational purposes and is not meant to misinform the users. At the same time, the information is selective; INDX cannot verify all information; it may be incomplete or inaccurate for your purposes and it should not be used without additional information;
- Information is not perceived by you as recommendations for trading or use of INDX in a certain way;
- INDX does not guarantee that use of the Website will be uninterrupted or failure-free. In addition, the operations and availability of the systems used to access the Website, including public telephone service, computer networks, and the Internet, may be unpredictable and may sometimes disrupt Website access. INDX shall not be liable for any such circumstances that disrupt the access or use of the Website or Service.
3.2. INDX does not provide any guarantees in regard to the Website. Without limiting the above, INDX does not guarantee that the Website will comply with your requirements or objectives. To avoid ambiguous interpretation, we hereby state that all assumed terms or guarantees shall be excluded to the extent allowed by law, including, among others, guarantees of commercial quality, suitability for a certain purpose, ownership rights, or absence of copyright violations.
3.3. You state and guarantee that you are acquiring the right to access and use the Website and agree with the provisions of these Terms for commercial purposes and that guarantees of consumer rights protection or laws for protection of rights of consumers acting for non-commercial purposes, provided for by law of one or another jurisdiction, shall not be applicable to this Website or these Terms to the maximum extent allowed by law.
4. Limited Liability
4.1. INDX shall not be liable for Website availability at the time you require (in cases when it is used via the Internet) if you or a third party provide computer equipment whose functionality determines how a product is provided.
4.2. By using this Service you confirm that you understand that the Internet and the World Wide Web may not be available at the time you need due to limitations beyond the control of INDX. You agree that INDX shall not be liable for the Website slow-down that you may perceive.
4.3. By using this Service you agree that all transactions are final and irreversible.
4.4. By using this Service you agree that INDX may cancel any transaction at any time regardless of whether the position is profitable or unprofitable.
4.5. INDX does not guarantee that the Service will comply with your requirements; that the Service will work in an uninterrupted, secure, or failure-free manner and will be available at the time you need it; that the information provided through the Service is authentic, reliable, or correct; that any defects or errors will be fixed; or that the Service will be available at a certain time or certain place. You accept full responsibility and risk of losses as a result of your use of the Service.
4.6. You shall indemnify INDX, its contractors and licensors, as well as their directors, officials, employees, and agents of any claims or expenses, including expenses for legal services arising as a result of your use of the Website, including, among others, violations of this Agreement by you.
4.7. Neither INDX, nor its suppliers or licensors shall be liable under any part of this Agreement by virtue of an agreement, as a result of inadvertence, within the framework of absolute liability, or any other approach under law or in equity:
- For any special, incidental, or indirect losses;
- For expenses for acquisition or exchange of products or services;
- For termination of use, loss, or corruption of data;
- For payments in excess of those required for transactions in external systems for accounting of funds paid by you to INDX .
All settlements made by the INDX trading system and verified by INDX shall be final.
6. Termination of the Agreement
INDX may take any remedial action available by law or in equity in event of violation of these Terms, including, among others, the right to restrict, suspend, or terminate your Account or to forbid you access to the Website without prior notice