Legal Notice
This Legal Notice relates to use of the https://www.darwinex.com/ website ("the Website") owned by SAPIENS MARKETS EU SOCIEDAD DE VALORES, S.A. ("Darwinex" or "the Company").
By browsing this Darwinex Website visitors become users of the website and agree to and accept all the terms of this Legal Notice in full and without reservation. This Legal Notice is subject to change.
Users must use the website properly in conformity with the law, good faith, public policy, usage of trade, and this Legal Notice. Users will be liable to Darwinex or third parties for all loss caused by breaching this obligation.
1. IDENTITY AND NOTICE
Darwinex is the trade name of Sapiens Markets EU Sociedad de Valores S.A., providing investment, reception and transmission of customer order, portfolio management, customer order execution, and proprietary trading services and other ancillary services.
Darwinex has its registered office at Calle Recoletos 19, planta baja, 28001 Madrid and tax identification number A10537348. It is registered at the Commercial Registry of Madrid on Sheet M-769268, Page 88, Volume 43563.
The following channels may be used to communicate with the Company at all times:
- By telephone: +34 910 610 060
- By email: info@darwinex.com
All notices and communications between users and Darwinex are reputed to have full legal effect when carried out by post or by any of the other channels set out above.
2. TERMS OF ACCESS AND USE
Except for private customer areas, the website and its services are freely accessible at no charge. Users agree to make proper use of the content and services provided by Darwinex and not to use the content or services to, for instance:
a. Disseminate criminal, violent, pornographic, racist, xenophobic, or offensive content, propaganda or glorification of terrorism, or content that is contrary to law or public policy generally.
b. Introduce computer viruses onto the network or commit acts capable of altering, damaging, interrupting, or causing errors or harm to electronic documents, data, or hardware or software systems owned by Darwinex or third parties; or block access to the Website and its services by other users through denial of service attacks against the computer systems Darwinex uses to provide its services.
c. Attempt to access and possibly extract information from the email accounts of other users or restricted areas on the computer systems of Darwinex or third parties.
d. Infringe industrial or intellectual property rights or breach confidential information of Darwinex or third parties.
e. Fraudulently take over the identity of other users, government bodies, or third parties.
f. Reproduce, copy, distribute, make available or in any other way communicate to the public, transform, or alter content except with the consent of the owner of the corresponding rights or permitted by law.
g. Compile data for marketing purposes or for disseminating advertising of any kind, information for sales purposes, or other marketing information except on request or with consent.
All the content on the Website, such as text, photographs, graphics, images, icons, technologies, software, graphic design, and source code make up a work owned by Darwinex. No rights to use that content are to be construed as having been assigned to the users except as strictly necessary for proper use of the website.
In short, users who access the Website may view the content and where appropriate make authorised private copies on condition that the content copied is not subsequently transferred to third parties, installed on network servers, or given any commercial use.
All trademarks, trade names, and distinctive signs featured on the Website are the property of Darwinex, and use or access is not to be construed as giving the user any rights over them.
Disseminating, modifying, or ceding the content or communicating it to the public and all acts performed without the express consent of the owner of the rights are prohibited.
The use of hyperlinks does not presuppose any relationship between Darwinex and the owners of the websites featuring those links or any acceptance or approval by Darwinex of those websites' content or services. Anyone wishing to create a hyperlink must apply to Darwinex in writing for approval before doing so. Hyperlinks may link only to our Website's home page. No misrepresentations or false, inaccurate, or incorrect statements concerning Darwinex are allowed. Content that is unlawful or contrary to good practice and public policy is prohibited.
Darwinex accepts no liability for users' use of the material made available on those websites or for any action taken based on that material.
3. DISCLAIMERS
Use of the Website is subject to all applicable legislation, and users will themselves be solely liable for the content of their communications via the Website.
Concerning the content of this Website:
Darwinex makes no warranties as to whether the information furnished by users or customers on the Website is up-to-date, correct, and complete or as to the quality of the information. Darwinex takes no liability for material or immaterial loss ensuing from use of the information provided on the Website itself or through links to third-party websites. Darwinex has no actual knowledge of whether the latter information is lawful or infringes the property or rights of third parties. Darwinex will act expeditiously to delete, change, or remove that information or those links. Users of the Website may also report such content or links. Darwinex expressly reserves the right to change, add to, or delete the content of the Website or part of the Website itself, temporarily or permanently, without notice. Darwinex may also remove any content that is dishonourable or contrary to public policy or the law posted to the Website by a customer or user.
Release from liability for use of the Website:
Darwinex does not guarantee the availability of the Website. Darwinex accepts no liability for loss of any kind arising because the Website is unavailable or not continuously operational. Darwinex does not monitor the presence of viruses or malware in the content that may impair the software or hardware of users who visit the Website and will not be liable for any loss they may cause. Users are responsible for deploying suitable utilities to detect and remove malicious software.
Darwinex is under no obligation to monitor users' use of the Website, services, or content. Darwinex will not be liable for harm to the computing equipment of users or third parties that occurs while the services of the Website are being provided or for any loss caused by use of the content by Users. Factors for which Darwinex is not liable include, but are not limited to: (i) inadequate maintenance or operation of the Website and/or its services or content; (ii) unsuitability of the Website or the content for a given activity; (iii) viruses, malware, or malicious software present in the content; (iv) reception, acquisition, storage, dissemination, or transmission of the content by the users; and (v) use of the Website or its content by users that is unlawful, negligent, dishonest, or contrary to the terms of this Legal Notice, good faith, or public policy.
Darwinex reserves the right not to provide any service to any person for any reason and/or to break off service in whole or in part at any time, with or without notice.
4. PROCEDURE IN CASE OF UNLAWFUL ACTIVITIES
Users or third parties who think that there are facts or circumstances indicating that the use of any content and/or the performance of any activities included or accessible on the pages of the Website has been unlawful are to notify Darwinex, providing proper identification, stating the alleged breaches, and expressly and solemnly warranting that the information provided in the notice is correct.
All disputes concerning Darwinex's Website will be subject to Spanish law.
5. ANNOUNCEMENTS
Information concerning government measures furnished on the Website will not take the place of legal publication of the laws, regulations, plans, general provisions, and acts subject to formal publication in the official gazettes published by government bodies, the sole genuine source of their content. The information featured on this Website is to serve for guidance only and will not have legal effect, except for content or publications concerning Darwinex's own activities, which will have full legal effect.