1.1 - These Terms of Service govern your
access to and use of the websites (the “DiOverse Sites”) of DiOverse OTC, and those
of its subsidiaries and affiliates, including its sponsored and managed trusts
and funds (collectively, “DiOverse”, “we”, “our”, or “us”), and your use of any
of the services provided through these Sites. These Terms of Service and any
additional terms and conditions, policies, agreements and disclosures to which
you have agreed are hereafter referred to collectively as the “Agreement”.
1.2 - Your use of a DiOverse Site is
governed by the version of the Terms of Service in effect on the date of use. DiOverse
may modify the Terms of Service at any time and without prior notice. By using
and accessing any DiOverse Site, you acknowledge and agree to review the most
current version of these Terms of Service prior to each such use. Your
continued use of and access to any of the DiOverse Sites constitutes your
acknowledgement of, and agreement to, the then current Terms of Service. Please
also note that the terms and conditions of these Terms of Service are in
addition to any other agreements between you and DiOverse and/or its affiliates
and agents, including any customer agreements, and any other agreements that
govern your use of products, services, content, tools, and information
available on the DiOverse Sites.
1.3 - DiOverse reserves the right, in its
sole discretion, without any obligation and without any notice requirement, to
change, improve or correct the information, materials and descriptions on the DiOverse
Sites and/or to suspend and/or deny access to any DiOverse Site for scheduled
or unscheduled maintenance, upgrades, improvements or corrections. The
information and materials on the DiOverse Site may contain typographical errors
or inaccuracies. Any dated information is published as of its date only, and DiOverse
does not undertake any obligation or responsibility to update or amend any such
information. DiOverse may discontinue or change any product or service
described in or offered on DiOverse Site at any time without prior notice. DiOverse
further reserves the right, in its sole discretion, to block or otherwise
discontinue your access and use of DiOverse Site at any time and for any
reason. You agree that DiOverse and its subsidiaries and affiliates will not be
liable to you or to any third party for any such modification, suspension or
discontinuance.
AUTHORIZED USER
2.1 - Some of our services, and certain
pages of the DiOverse Site, are available only to clients or users who have
been authorized by us to access those services and web pages. Such
authorization may require completion of an accredited investor questionnaire
and satisfactory background information screening.
2.2 - Unauthorized use of any DiOverse
Site and/or our systems, including, but not limited to, unauthorized entry into
and/or any attempted access of DiOverse’s systems and/or any restricted areas
of any of the DiOverse Site, misuse or sharing of passwords or misuse of any
other information, is strictly prohibited. You may not use any DiOverse Site in
any manner that could damage, disable, overburden, or impair any DiOverse Site
or service or interfere with any other party’s use and enjoyment of any DiOverse
Site or service.
2.3 - You may not attempt to gain unauthorized access to any DiOverse Site or service, computer systems or networks connected to any DiOverse Site or service, through hacking, password mining or any other means. You may not screen-scrape, data scrape and/or use any automated means to acquire data and/or information from our Sites.
2.4 - You agree that you will not engage in any activities related to any DiOverse Site that are contrary to these Terms of Service and/or any applicable laws or regulations.
2.5 - You agree to notify us immediately if you learn or suspect that the security of your password may have been compromised.
2.6 - You further agree that you are responsible for any unauthorized use of your password that is made before you have notified us, and we have had a reasonable opportunity to act on that notice. We reserve the right to suspend or cancel your password, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner.
SERVICES WE PROVIDE
3.1 - This Agreement sets out the basis on which we will enter Trades with You and governs each Trade
entered into after this Agreement comes into effect.
3.2 - We refer You to the Risk Disclosure Notice that forms part of the Agreement. You should ensure You fully understand such risks before entering into this Agreement with us. This Notice details some of the risks involved with trading Over the Counter (OTC) Derivatives but is by no means an exhaustive statement of those risks. Our FX and OTC trading service like all trading activities carries a level of risk and can result in losses that will not affect your initial deposit but can affect your profits. By entering into this Agreement, you warrant that You have read and understood the Risk Disclosure Notice and understand that the act of placing a Trade with DiOverse.
3.3 Client Categorisation –We will treat You as a basic Client (allowing You to access standard trade services and profits) unless You request to be categorised as a Premium Client. Premium Clients are eligible for more benefits and are assigned a personal account manager. Please be aware that upgrade requests to premium status are only valid when the client has a trade account balance of $50,000 and above and can be declined at the discretion of DiOverse OTC.
3.4 Joint Accounts – In cases where two or more parties wish to operate a joint account; DiOverse requires that the parties involved first open a personal account and send an email to our support mail address support@dioverseotc.com indicating that they wish to run a joint trade account.
Note that withdrawals from joint trade accounts require the approval of all parties listed during the opening of the account.
3.5 We act as principal – DiOverse deals with You on a matched principal basis. This means that we provide You with prices and range for Over-the-Counter Derivatives. We do not trade speculatively for You or for our own book. Trades will only be executed as a result of Your package order. Once the Trade cycle is complete, profits, volume and terms are communicated through Trading platform. You will open each Trade with us, as principal, and not as agent for any undisclosed person. This means, unless we have otherwise agreed in writing, we will treat You as our client for all purposes, and this will include any trades placed by any authorised third party. You will be directly responsible for performing Your obligations under each Trade entered.
3.6 On-Line Dealing - Trades with DiOverse are carried out on-line. All instructions to enter Trades must be given by You through the Trading Platform. We will make reasonable endeavour to provide You with online support and assistance however, you must be prepared to Trade with us on-line only. It is imperative that You have the facilities to enable You to use our Trading Platform (internet access). At the date of publication of these Terms, all our packages can be traded by way of our Trading Platform.
3.7 - You consent to us communicating with You via electronic communications, such as via the Website, our Trading Platform, or e-mail.
3.8 - You agree to rely on Your own judgement in purchasing a Trading plan with us and that we will not, in the absence of fraud, wilful default or negligence be liable for any losses (including, without limitation, indirect or consequential losses or loss of opportunity or profits arising from any failure by You to make any anticipated
profits), costs, expenses or damages suffered by You arising from any inaccuracy or mistake in any information given to You, including information relating to any of Your Trades with us.
3.9 - We endeavour to take all reasonable steps to provide You with as much transparency as possible when explaining all commissions, fees, funding and other charges for which You will be liable. These charges will affect either Your trading net profits or increase Your losses.
3.10 - DiOverse OTC only accepts transactions via digital currencies: All amounts payable by You to DiOverse must be paid using digital assets; this includes Bitcoin (BTC), Ethereum (ETH), USDT and other digital currencies provided to You by DiOverse. You will be liable for any charges incurred. Under certain circumstances several payment intermediaries may be involved in a transaction and deduct a charge. The receiving network may also levy a charge. The Client is responsible fully for such charges.
AUTHORITY TO PURCHASE A TRADING PLAN
4.1 - DiOverse provides services to clients via an on-line trading platform. All Trades, withdrawals and other instructions must be placed on-line.
4.2 - When purchasing a plan or giving any other instruction through the Trading Platform, you will be required to give Your name and e-mail address associated with your account or Login and other information reasonably requested by DiOverse to identify You. No plan purchase or instruction will be accepted without this information. When withdrawing after a trade cycle is complete by way of the Trading Platform, you will gain access to Your Account by use of Your Login and Password. Orders and instructions placed by way of the Trading Platform will only be treated as effective.
DIOVERSE TRADING PLANS
5.1 – Current DiOverse Trading Plans can be viewed on our Trading Platform using the link: https://dioverseotc.com/plan
5.2 - The following applies to our prices:
5.2.1 - Our trading plan range are set by us in our absolute discretion.
5.2.2 - Profits shall be withdrawn on an ongoing basis on the Accounts.
5.2.3 - At the end of a trade cycle, capital is made available for full withdrawal.
MINIMUM AND MAXIMUM PRICES
6.1 - There are limits on the varieties of any trading plan You wish to place. You cannot place any trade unless it is within the relevant minimum and maximum trade size.
6.2 - You must make sure You know the current minimum and maximum trade sizes applicable to any trade You wish to place.
6.3 - If the size of your trade exceeds the maximum size as specified in the Trading plan, we are entitled to request you meet additional requirements as well as offer other options that is within the range of your capital for the Transaction.
6.4 – There are limits on the amount at which You can deposit and withdraw depending on the form of client (Retail client or Professional Client).
OUR RIGHTS TO CLOSE YOUR ACCOUNT
7.1 - The notice we give You before closing Your Account depends about the closure. However, we may be prevented by law or regulatory rule from giving You notice.
Reasons with which we can close Your Account:
a) You die or become a patient under relevant mental health legislation, or we have reasonable grounds to believe that You have done so.
b) an insolvency event occurs in relation to You. In the above two bullet points we are not obliged to give You any prior notice, but we would tell You that we had closed Your Account.
c) anything You owe us under the Terms has not been paid within 30 days of the day it should have been paid. In the above case, we will give You at least 14 days’ written notice prior to closing Your Account.
d) Your dealings are of such a type (e.g., size or nature) that we no longer wish to deal with You. In the above case we would give You at least 30 days’ written notice prior to closing Your Account.
During the notice period on Your Account before closure:
we will not close Your open trading plans.
You will not be able to place any new Trades nor give any other instruction, except insofar as necessary to close a Trade. You will not be entitled to place a closing Trade or any instructions in such a size that would result in a new Trade being opened.
All Trades will be closed on the same day that Your Account is closed (or as soon as reasonably practicable thereafter).
OUR RIGHT TO SUSPEND YOUR ACCOUNT
8.1 - We reserve the absolute right to suspend Your Account.
Due to law and the Regulatory System, there may be circumstances which we are unable to provide notice to You before suspending Your Account.
Once Your Account is suspended:
a) Active Trades (in place prior to the suspension) will not be affected.
b) You will not be able to place any new Trade nor to give any other instruction, except insofar as necessary to close a Trade before the suspension. You will not be entitled to place a closing Trade in such a size that would result in a new Trade being opened.
We retain the right to suspend Your Account at any time for any good reason. However, we will endeavour to notify You before taking such action. Circumstances in which we can suspend Your Account are shown, but not limited to the below, and in each of the below we can suspend either with or without giving notice. If we give notice, it will be given via an email. If we do suspend without giving You notice, we will notify You by email (as soon as reasonably practicable) that we have done so. Some circumstances in which we can suspend are as follows: -
a) if we have reasonable concerns in relation to breach of any relevant law (whether English or otherwise) or the Regulatory System.
b) if we have reasonable concerns relating to money laundering.
c) if You do not provide information or documentation requested in relation to any verification checks.
d) if You have failed to provide us with the originals of any Account opening documentation (including in relation to money laundering regulations),
e) if we have reasonable grounds to believe that any material warranty or representation You have made to us is not true or is misleading in some material respect.
f) if we have reasonable grounds to believe that You are using an electronic device, software, algorithm, or any other strategy that aims to exploit, manipulate, or take unfair advantage of our Trading Platform, Software or other systems and functions made available by us to You.