Last updated: March 1, 2023
For better readability of these Terms:
These Terms should be read carefully in its entirety before using DexCheck. By using DexCheck in any capacity, you agree that you have read and understood these Terms. The Terms apply to any person accessing DexCheck and by using DexCheck, you agree to be bound by them. If you don’t want to be bound under these Terms, you should not access the DexCheck.
IMPORTANT CAVEAT REGARDING ARBITRATION : When you agree to these terms by using or accessing DexCheck, you are likewise agreeing to resolve any dispute between you and DexCheck through a binding, individual arbitration rather than a jury trial in court. You will also be agreeing to a class action waiver, which impacts your rights as to how disputes are resolved.
The use of DexCheck automatically presumes that you
(a) are at least 18 and
(b) won’t break any laws of your jurisdiction by using DexCheck.
In General. You may not use DexCheck if you are otherwise barred from using DexCheck under the applicable law in Dubai, United Arab Emirates.
Legality. You are solely responsible for adhering to all laws and regulations applicable to you and your use or access to DexCheck. Your use of DexCheck is prohibited if you violate or facilitate the violation of any applicable laws or regulations, or contribute to or facilitate any illegal activity.
By using or accessing DexCheck, you represent to us that you are not subject to the Sanction Lists and you are not a Restricted Person, as defined below.
We make no representations or warranties that the information, products, or services provided through DexCheck, are appropriate for access or use in other jurisdictions. You are not permitted to access or use DexCheck in any jurisdiction or country if it would be in contravention to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of DexCheck to any person, geographic area, or jurisdiction, at any time and at our sole and absolute discretion.
You must not use any software or networking techniques, including use of a Virtual Private Network (VPN) to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition.
Non-Circumvention. You agree not to access DexCheck using any technology for the purposes of circumventing these Terms.
2. Compliance Obligations
DexCheck may not be available or appropriate for use in all jurisdictions. By accessing or using DexCheck, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. You further agree that we have no obligation to inform you of any potential liabilities or violations of law or regulation that may arise in connection with your access and use of DexCheck and that we are not liable in any respect for any failure by you to comply with any applicable laws or regulations.
3. Access to DexCheck
Access to DexCheck is provided “as is” and “as available” basis only. We do not guarantee that any content on DexCheck will always be available or uninterrupted. There is always a likelihood that access may be interrupted, suspended or restricted due to fault, error or unforeseen circumstances for the purposes of carrying out a planned maintenance.
We reserve the right to limit the availability of DexCheck to any person, geographic area or jurisdiction we so desire and/or to terminate your access to and use of the site, at any time and in our sole discretion. We may suspend or disable your access to DexCheck if we consider it reasonable to do so, e.g. you breach these Terms.
We may remove or amend the content of DexCheck at any time. However, some of the content may be out of date at any given time and we are under no obligation to update it. We do not guarantee that DexCheck, or any content on it, will be free from errors or omissions.
We will not be liable to you for any loss or damage you may suffer as a result of DexCheck being unavailable at any time for any reason.
You will comply with all applicable domestic and international laws, statutes, ordinances and regulations applicable to your use of DexCheck.
You acknowledge that DexCheck and your use of DexCheck contain certain risks, including without limitation the following risks:
We reserve the right to disable access to DexCheck at any time in the event of any breach of the Terms, including without limitation, if we, in our sole discretion, believe that you, at any time, fail to satisfy the eligibility requirements set forth in the Terms. Further, we reserve the right to limit or restrict access to DexCheck by any person or entity, or within any geographic area or legal jurisdiction, at any time and at our sole discretion. We will not be liable to you for any losses or damages you may suffer as a result of or in connection with DexCheck being inaccessible to you at any time or for any reason.
4. Your Use of DexCheck
By using or accessing DexCheck, you represent and warrant that you understand that there are inherent risks associated with virtual currency, including cryptocurrency, digital tokens and digital assets (the “Virtual Currency”), and the underlying technologies including, without limitation, cryptography and blockchain, and you agree that DexCheck is not responsible for any losses or damages associated with these risks. You specifically acknowledge and agree that DexCheck facilitates your interaction with decentralized networks and technology and, as such, we have no control over any blockchain or Virtual Currency and cannot and do not ensure that any of your interactions will be confirmed on the relevant blockchain and do not have the ability to effectuate any cancellation or modification requests regarding any of your interactions.
Without limiting the foregoing, you specifically understand and hereby represent your acknowledgement of the following:
In order to allow other users to have a full and positive experience of using DexCheck you agree that you will not use DexCheck in a manner that:
As it has been already stated, we only provide you with the relevant DexCheck and software; neither has control over your interactions with the blockchain nor encourages you to perform any. Any interaction performed by you via DexCheck remains your sole responsibility.
All information provided in connection with your access and use of DexCheck is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in DexCheck or any other information that we make available at any time, including, without limitation, blog posts, articles, links to third-party content, news feeds, tutorials, tweets and videos. Before you make any financial, legal, or other decisions involving DexCheck, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
The Terms are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set forth expressly in the Terms.
You understand and agree that DexCheck enables access to an online, decentralized and autonomous protocol and environment, and associated decentralized networks, that are not controlled by the DexCheck. We do not have access to your private key and cannot initiate an interaction with your Virtual Currency or otherwise access your Virtual Currency. We are not responsible for any activities that you engage in when using your wallet, or DexCheck. DexCheck cannot and does not represent or guarantee that any of the information available through DexCheck is accurate, reliable, current, complete or appropriate for your needs. The information displayed through DexCheck including “APRs” and information about prices, Liquidity and Lending Pools is provided by third parties and/or calculated for informational purposes. Your use of any third-party scripts, indicators, ideas and other content is at your sole risk.
You expressly understand and agree that your use of DexCheck is at your sole risk. We make and expressly disclaim all representations and warranties, express, implied or statutory, and with respect to DexCheck and the code proprietary or open-source, we specifically do not represent and warrant andexpressly disclaim any representation or warranty, express, implied or statutory, including without limitation, any representations or warranties of title, non-infringement, merchantability, usage, security,suitability or fitness for any particular purpose, or as to the workmanship or technical coding thereof, or the absence of any defects therein, whether latent or patent. We do not represent or warrant that DexCheck, code and any related information are accurate, complete, reliable, current or error-free. DexCheck provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that no advice, information, or statement that we makeshould be treated as creating any warranty concerning DexCheck. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning DexCheck. You acknowledge that DexCheck is not responsible for transferring, safeguarding, or maintaining your private keys or any Virtual Currency associated therewith. If you lose, mishandle or have stolen associated Virtual Currency private keys, you acknowledge that you may not be able to recover associated Virtual Currency and that DexCheck is not responsible for such loss. You acknowledge that DexCheck is not responsible for any loss, damage or liability arising from your failure to comply with the terms hereunder. By accessing and using DexCheck, you represent that you understand
(a) DexCheck facilitates access to the Protocol, the use of which has many inherent risks, and
(b) the Smart Contracts, the cryptographic and blockchain-based systems have inherent risks to which you are exposed when using DexCheck. You further represent that you have a working knowledge of the usage and intricacies of the Smart Contracts, blockchain- based digital assets, including, without limitation, digital token standard available on the Binance Smart Chain. You further understand that the markets for these blockchain-based digital assets are highly volatile due to factors that include, but are not limited to, adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with blockchain-based systems, such as Binance Chain, are variable and may increase or decrease, respectively, drastically at any time. You hereby acknowledge and agree that we are not responsible for any of these variables or risks associated with the Protocol and the Smart Contracts and cannot be held liable for any resulting losses that you experience while accessing or using DexCheck. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using DexCheck to interact with the Protocol using Smart Contracts.
DexCheck may contain references or links to third-party resources, including, but not limited to, information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of DexCheck. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that the Terms do not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.
6. Intellectual Property
We own all intellectual property and other rights in DexCheck and its contents, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, and designs. Unless expressly authorized by us, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit
any third party to access or use DexCheck or any of its contents. Accessing or using DexCheck does not constitute a grant to you of any proprietary intellectual property or other rights in DexCheck or its contents.
You will retain ownership of all intellectual property and other rights in any information and materials you submit through DexCheck. However, by uploading such information or materials, you grant us a worldwide, royalty-free, irrevocable license to use, copy, distribute, publish and send this data in any manner in accordance with applicable laws and regulations.
You may choose to submit comments, bug reports, ideas or other feedback about DexCheck, including, without limitation, about how to improve DexCheck (collectively, the “Feedback” ). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise). If necessary under applicable law, then you hereby grant us a perpetual, irrevocable, non- exclusive, transferable, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.If
(i) you satisfy all of the eligibility requirements set forth in the Terms, and
(ii) your access to and use of DexCheck complies with the Terms, you hereby are granted a single, personal, limited license to access and use DexCheck. This license is non-exclusive, non-transferable, and freely revocable by us at any time without notice or cause in our sole discretion. Use of DexCheck for any purpose not expressly permitted by the Terms is strictly prohibited. The Protocol may also run on third party software and other blockchains to which the same clause applies.
DexCheck may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs and expenses arising from
(a) your access to and use of DexCheck;
(b) your violation of these Terms, the right of any third party, or any other applicable law, rule, or regulation; and
(c) any other party’s access and use of DexCheck with your assistance or using any device or account that you own or control.
8. Limitation of Liability
Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access to or use of DexCheck, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of DexCheck, or from any access to or use of any information obtained by any unauthorized access to or use of DexCheck. We assume no liability or responsibility for any:
(a) errors, mistakes, or inaccuracies of content;
(b) personal injury or property damage, of any nature whatsoever, resulting from any access to or use of DexCheck;
(c) unauthorized access to or use of any secure server or database in our control, or the use of any information or data stored therein;
(d) interruption or cessation of function related to DexCheck;
bugs, viruses, trojan horses, or the like that may be transmitted to or through DexCheck;
(f) errors or omissions in, or loss or damage incurred as a result of, the use of any content made available through DexCheck; and
(g) the defamatory, offensive, or illegal conduct of any third party. Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the greater of
(i) the amount you paid to us in exchange for access to and use of DexCheck, or
This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages.
Accordingly, some of the disclaimers and limitations set forth in the Terms may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.
9. Governing Law; Arbitration and Class Action Waiver
These Terms are governed by and will be construed under the laws of the Dubai, United Arab Emirates without regard to principles of conflict of laws, govern the Terms and any dispute between you and us.
Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and the DexCheck:
(a) waive the right to have any and all disputes or claims arising from these Terms, your use or access to DexCheck or any other disputes with the DexCheck (collectively, the “Dispute” ) resolved in a court; and
(b) waive any right to a jury trial. Instead, you and the DexCheck agree to arbitrate Disputes that are not resolved informally (as described below) through binding arbitration (i.e. the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it) instead of having the Dispute decided by a judge or jury in court).
You and the DexCheck agree that any Dispute is personal to you and the DexCheck and that any such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. Neither party agrees to class arbitration or to an arbitration in which an individual attempt to resolve the Dispute as a representative of another individual or group of individuals.
Further, you and the DexCheck agree that a dispute cannot be brought as a class, or other types of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
You and the DexCheck agree that each will notify the other, in writing, of any Dispute within thirty (30) days of when it arises so that the parties can attempt, in good faith, to resolve the Dispute informally. Notice to the DexCheck shall be provided by sending an email to [email protected] . Your notice must include
(1) your name, postal address, and email address;
(2) a description of the nature or basis of the Dispute; and
(3) the specific action that you are seeking. If you and the DexCheck cannot resolve the Dispute within thirty (30) days of the DexCheck receiving the notice, either you or DexCheck may, as appropriate pursuant to this Section 9, commence an arbitration proceeding. You and the DexCheck agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arose; otherwise, you and the DexCheck agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute). Any Dispute under this Terms shall be finally settled by Binding Arbitration (as defined below). Any unresolved Dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration under the rules of the Dubai International Arbitration Centre (DIAC), which rules are deemed to be incorporated by reference into this Section 9 to the extent they are consistent with it. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Dubai, United Arab Emirates in English, in accordance with the DIAC Arbitration Rules. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction, to the extent a court therein would be deemed to be a court of competent jurisdiction. You further agree that DexCheck shall be deemed to be based solely in the Dubai and that, although DexCheck may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the Dubai.
As limited by these Terms and applicable arbitration rules, the arbitrator will have:
(a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute; and
(b) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individuals claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
10. Miscellaneous Provisions
Changes. You are advised to check these Terms periodically to familiarize yourself with any changes to the Terms. We in our sole discretion, reserves the right to make changes to these Terms. Changes are binding on users of DexCheck and will take effect immediately upon posting. As a user, you agree to be bound by any changes, variations, or modifications to our terms of service and your continued use of DexCheck shall constitute acceptance of any such changes, variations, or modifications. DexCheck will indicate on DexCheck of the changes to these Terms. You accept by doing so, we provide you with sufficient notice of such change. In the event that you do not agree with any such modification, your sole and exclusive remedy are to terminate your use of DexCheck.
Entire Agreement. These Terms (and any additional terms, rules and conditions of participation that maybe posted on the website of DexCheck Network) constitute the entire agreement with respect to DexCheck and supersedes any prior oral or written agreement, understanding, or arrangement between you and us (including but not limited to any previous versions of these Terms).
Survival of Rights. Upon termination of these Terms for any reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.
No waiver construed. No waiver by the DexCheck of any breach of any provision of these Terms (including our failure to require strict and literal performance of or compliance with any provision of these Terms) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of these Terms.
No rights created in favor of non-parties. Nothing in these Terms shall create or grant any rights or other benefits in favor of any third parties not party to these Terms.
Non-creation of partnership. Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.
The section and provisions headings in these Terms are for convenience only and shall not affect their interpretation.
If you have any questions, claims, complaints or suggestions, please, contact us at [email protected].