WDS Private Bank Terms and Conditions valid from 1.1.2018
I. INTRODUCTORY PROVISIONS
1. The purpose of these Commercial Terms and Conditions is the regulation of the use of services provided and offered on our www.wdsprivatebank.com and/or using the mobile applications WDS PRIVATE BANK a (hereinafter ”services“) including the
use of the available digital usernames. In case that the laws or obligations are refined differently, the specific contract shall take precedence. Some products or services might fall within the scope of additional terms and conditions or specific requirements of individual products.
2. By registering on our websites and by agreeing with the terms of use every person gives explicit and unconditional agreement with these Commercial Terms and Conditions and undertakes to follow them accordingly. IN CASE YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE our services.
3. Every user of our services, regardless his/ her legal form declares and warrants that the user has legal personality, legal capacity accorded to legal persons and in case he/she represents and acts on the behalf of a legal person, he/she is officially entitled to act on behalf of this person and can take over full rights and responsibility related to the use of services.
4. Our company reserves the right to change or regulate these conditions anytime and at its own discretions.
5. In case our company makes any changes of these Commercial Terms and Conditions, it will publish a notification regarding these changes and/or will actualize these Commercial Terms and Conditions labelled with “Last Actualization” and the date of actualization in the upper part of the Commercial Terms and Conditions. By using these services, you agree with these refined conditions. If you do not agree with
the regulations, you must stop using the services.
II. DEFINITIONS AND TERMS
The Service Provider is the WDS Private Bank, PLAZA CENTRAL no.2, OG No. 341-7,
Av. WINSTON CHURCHILL, SANTO DOMINIGO – PAINTINI, Dominican Republic 101
49. ID No.: 444-040
Account means the account of a user created on our websites with the aim of using our services,
BackOffice means generally and/or individually defined information regarding the use and/or possibilities of use of the services,
DiamondBond (DBD) is a virtual, digital currency, which typically but not exclusively, serves as an exchange, deposit and investment asset,
DiamondBond (DB) is a bond, or in some cases also called an obligation, is in fact any kind of negotiable debt security bond associated with the payments on shares (interest rates).
ScudoCoin (SC) is a virtual, digital currency, which typically but not exclusively, serves as an exchange, deposit and investment asset,
Wallet is a device for holding and exchange of digital currencies. The establishment of the wallet is done individually by the user. The Service Provider does not hold any responsibility for the misuse of the wallet and/or the incorrectly chosen transaction of the digital currency,
The User is a natural or legal person, who has created an account on our websites with the aim of using the services.
DiamondBond infestation packages is a platform, the purpose of which is the evaluation of the digital currency according to the conditions stated in the description of a given investment package.
Money Exchange is a platform, which is used to buy and exchange the digital currencies. By using the Money Exchange platform, the user takes note that the Services Provider reserves the right to require the identification documents of the user and is his/her legal entitlement to use the aforementioned bank account.
III. DECLARATIONS, REGISTRATIONS AND ACCOUNT
1. The services are intended to be used explicitly by the users, who are older than 18 years. Upon registration, the user of the services confirms that: (i) the user is entitled to sign a legally binding contract and a (ii) there is no Law or and/ or prohibition in the form of general or individual legal act.
2. By accessing or using the Services, the user agrees not to break any kind of legislative, treaty, right, laws on intellectual property nor any kind of the right of the third party, will not commit any offence or crime, including defamation of our company and that the user holds full responsibility for his/her actions when using our services. Without limiting the validity of the aforementioned generally binding
declarations, the user agrees NOT to:
a) Use the Services in any way, which could damage, disrupt, negatively influence or prevent other users to use our services to the full extent, or which could damage, destroy or disturb the functioning of our services in any way,
b) fund or support any kind of illegal activities including money-laundering, or the support of terrorism, or any other sort of an illegal and/or criminal activity by using our services,
3. In order to use the Services, it is necessary to create an account and provide or the requested information By creating an account (registering) the user agrees to: (a) provide complete and true information; (b) actualize the personal information provided during the registration; (c) take full responsibility for all the activities, which take place within the scope of using the account and taking full responsibility of all the risks connected with the legal or illegal access to the account.
4. Our company is entitled to limit the number of registered account for one subject.
IV. THE OBLIGATIONS REGARDING THE USE OF SERVICES
1. The Service Provider is entitled to refuse any kind of a transaction or exchange offer initiated by using the services as well as to set the limits for the amount of transaction or state other conditions or limitations for the use of services at any time and according to own consideration, even without the previous notice,
2. It is possible to cancel only those orders, which has not been yet realized. As soon as the order is realized, it is no longer possible to make any change or cancellations,
3. It is the responsibility,
4. Of each user to find out, if there are any tax obligations connected to the transactions carried out by using our services and also which kind of obligations it is. It is the obligation of each user to submit tax returns and to make the tax declaration to a corresponding authority. Hereby the user takes into notice that the Service Provider is not responsible for any kind of tax obligations, which can be associated with the use of the provided services,
V. THE GUIDELINE ON THE RISK AND THE REFUSAL OF GUARANTEES
1. There are some risks associated with the use of our Services, including but not
limited to the nature of Services, which are provided on the basis of the Internet,
including, but not limited to the failure of hardware, software, or Internet connection.
If the user agree that the Service Provider does NOT hold any responsibility for any
kind of communication failure, defects or technical disruptions and delays, which
can potentially occur when using our services. Similarly, the Service Provider does
NOT hold the responsibility for the harms or damages caused by the change of the
exchange rate.
2. In case of the any issues caused by the ‘force majeure’, breaking of these conditions
or any other unexpected event, the consequence of which the provision of services
will be limited or changed in any way, the Service Provider is entitled to suspend the
access of the user to the account or to the range of services with or without previous
notice without having any binding commitments to the user.
Similarly, the Service Provider is also entitled to suspend the access of the user to
the services according to own consideration and at any time and without a previous
notice cancel, deactivate or delete the account of the user as well as all the associated
information and data included in the original account without any commitment or
legal duties towards the user, for example in case when the user breaks any of the
Commercial Terms and Conditions. The Service Provider is further entitled to change,
regulate, or stop either temporarily or permanently any part of the provided Services
according to own consideration and at any time, with or without a previous notice
and without any commitment towards the user.
3. The user declares that, to the greatest extent possible, renounces any of the
guarantees regarding the use of the Services, both mentioned or not mentioned in
these Commercial Terms and Conditions or in any kinds of materials of the user. The
Service Provider does not guarantee that the published materials are complete, exact,
reliable, actual or flawless. The user also takes note that the information he/she has
provided to the Service Provider might get permanently lost or get damaged, while
there might be various causes (such as software disruptions, viruses, internet failure,
‘force majeure’ etc.
VI. FEES
1. The user agrees, that he/she will pay for the use of Services, the prices of which
are stated in the pricelist by the Provider of Services and/ or in the description of the
provided Services and products. Any changes of fees will be valid and enter into force
on the day of their publication.
2. The user is hereby giving authorisation to the Provider of Services to deduct the
fees for the use of the Services from the account (Wallet) of the user.
VIII. DBD, DB, SC (DBD cryptocurrency, DB bond, SC cryptocurrency)
PURCHASE
1. DBD, DB, SC purchase is realized by filling in the order form by the user and
issuing the confirmation of the order, which includes detailed payment instructions
for payment of the purchase price with a limited period of time, which is sent to the
user. DBD, DB, SC Purchase can be realized only with the aims of using the Services.
2. If the user fulfils his commitment to pay for the DBD, DB, SC Purchase within the
limited period of time after having received the confirmation of the order, the Service
Provider will immediately have sent the purchased amount of DBD, DB, SC on the
account to the electronic Wallet of the user.
3. If the user does not fulfil the aforementioned commitment within the limited period
of time after having received the confirmation of the order, and the Service Provider
can no longer approve the transaction bargained with the user on the grounds of the
order, the user will be sent a new offer with new conditions or an offer to cancel the
transaction. In case the user does not choose any of the offered options within the
valid period of this offer after having received the offer, the transaction is considered
to be cancelled.
4. The user commits himself/herself to pay the purchase price for DBD, DB, SC by
direct cashless transaction authorized by his/her name or by a debit/credit card
transfer. The payment of the purchase price of the digital currency by direct cashless
transaction authorized by A THIRD PARTY or by a debit/credit card transfer is NOT
acceptable.
5. The Service Provider reserves the right to cancel the confirmed order without
explicitly stating the reasons. In this case, the amount of money intended to pay for
the DBD, DB, SC will be sent back to the bank account of the user, the very same
from which it was sent to the Provider of Services.
6. The Service Provider reserves the right to carry out the identification/verification
of the User in case, that the amount of transaction is higher than 1 000, - € (or an
equivalent value in different currency) or, regardless the limit, always, when there is
any kind of suspicion.
7. Identification of the user is done by filling in the requested information in the
registration form as well as verifying the identity document (a document that confirms
the existence of a legal person), or other kinds of requested documents.
8. The user explicitly agrees that the Provider of the Services will carry out the
aforementioned identification of the user in accordance with the aforementioned
conditions with the aim to preserve the security and transparency of the transactions
as well as with the aims to protect the property of other users (clients) and the service
provider and the user undertakes to provide all the information regarding this
identification. The Service Provider reserves the right to cancel the transaction with
the user also in case the user refuses to undertake the identification, or if it is not
possible to carry out the identification (from all sorts of reasons) or if there are any
doubts about the validity of the provided information or the validity of the provided
documents.
IX. CONCLUSION OF SALES AND PURCHASE CONTRACT
1. Web interface of our websites contains the list of products which can be purchased,
including the list of
prices of individual products. The prices of the products are INCLUDING the taxes
and other additional
costs, except of the packaging costs and delivery cost. The range of offered products
is valid until the
period as stated on the website of the shop and if their time-limited campaign is not
over, provided that the given product was a part of a time-limited offer. With this
provision the possibility to conclude the Sales and Purchase Contract by the Service
Provided with a special mutually agreed condition is not limited. All the sale and
purchase offers of products stated within the web interface are non-binding and the
Service Provider is not committed to conclude a Sale and Purchase treaty regarding
these product offers.
2. The web interface of our websites also contains information about the packaging
and delivery costs.
3. To order the products, the user will fill-in the order form in the user interface of
our websites. The order form contains the main information about the ordered
products, type of payment for the purchased price of the product, costs of the
packaging and delivery, (hereinafter mentioned as ” order “).
4. The information contained in the order are considered to be true by the Service
Provider. After having received the order, the Service Provider will immediately
confirm (having received) the order to the user.
5. The Service Provider is at all times entitled to ask the user to additionally confirm
(either in a written form or using the phone) the order (depending on the character of
the order, the amount of the products, value of the purchase price, expected delivery
costs).
6. The treaty between the Service Provider and the User enters into force by the
acceptance of the order (acceptance), which is confirmed to the user by the Service
Provider.
7. The price of the product as wells as the additional costs related to the delivery in
accordance with the Sales and Purchase Contract can be paid by the user to the
Service Provider in respect to the options provided in the order form, if the Service
Provider does not offer additional ways of payment.
8. Together with the purchase price the user is committed to pay also for the
additional costs due to packaging and delivery of the product. If it is not stated
otherwise, the user is obliged to the pay the purchase price and the delivery costs
and packaging costs and any other costs associated with the delivery.
9. The Service Provider i entitled to require a full payment of the purchase price before
having sent the product to the customer.
10. The way of delivery is determined by the Service Provider, provided it is not stated
differently in the Sales and Purchase contract. In case that the way of delivery is
agreed upon on the grounds of a request by the user, the user takes full responsibility
for any risks, damages or additional costs for this way of delivery.
11. The user becomes the owner of the product from the moment of successful
payment for the product.
X. DELIVERY
1. The user takes notice that the delivery of any kind of written issues, documents,
treaties, invoices, notifications, publications (hereinafter “communication”) regarding
the Services offered by the Service Provider will be realized only electronically, by
using the BackOffice account of the user of the e-mail address of the user. The user
agrees with this kind of communication.
2. The user takes notice that he/she is responsible for the actualization of the e-mail
address or the mobile phone number as provided during the registration. If the
Service Provider finds out that the e-mail address or the mobile phone number is no
longer valid, the user account will be considered inactive with the consequence of
refusing the realisation of the transaction or cancellation of the account of the user.
XI. COPYRIGHT
1. If not explicitly stated otherwise, all author right, copyright and the intellectual
property rights, all content and materials included on our websites or provided in
regard with the services, including the trademark, texts, graphic design, pictures,
information, software, audio or other types of files (hereinafter “the materials”) are
the exclusive property of the Service Provider.
2. Without the explicit permission of the Service Provider, the user is NOT entitled to
sale, publicly share or reproduce, change and/or modify the material or its parts.
XII. COMPENSATION, LIMITATION OF RESPONSIBILITY
1. The user takes notice that the Service Provider is entitled to claim any
compensation by the user in case of damage, loss, additional costs which are
associated with the provision of services and/or with violating these conditions and
that the user is committed to pay the aforementioned compensations.
2. The Service Provider has no responsibility, without any limitation, for the damages
and/or losses caused in relation with the use and/or the limited possibility of use of
Service.
XIII. CONFIDENTIAL INFORMATION
1. The user undertakes to respect the confidentiality according to the legally binding
norms focused on the commercial secrecy or business secrets („Confidential
information “). The Service Provider will provide access to the Confidential
Information only to those persons in order to evaluate or assess,
discuss or approve the legal relations based upon the use of services and provided
that these persons will be informed and undertake to respect confidentiality as stated
in Law. The term Confidential Information includes all the information including
especially the technology, know-how patents, results of the examinations or exams,
study research, budget and forecasts related to the Services, regardless of the form.
2. In case that the aforementioned confidentiality is not respected, the Service
Provider will be entitled to require legal protection in accordance with the legislature
of the DO.
XIV. PROCESSING OF THE PERSONAL INFORMATION
1. The user is hereby granting The Service Provider the permission for the processing
of personal information, including the name, surname, address, date of birth,
personal identification number, Identity number or social security number or any
unique number of an official document provided,
business name and address, official document and identity number, the identity
numbers of the statutory bodies, and other persons entitled to act on behalf of the
user, information about the payment (bank account details, type of payment, card
details, authorised signature, and other necessary details of the payment), numbers
of customer cards, signature, stamp, contact information (mobile phone number,
email address.)
2. The user is hereby granting The Service Provider the permission for processing the
photographs and photocopies of official documents of natural persons and/or in
other way created copies and verifications of the officially verified documents
(scanned documents, verification of the validity of documents, stored using the
electronic media and technology) provided, that the Service Provider will require this
kind of documents due to a valid reason. The user can provide only true, valid and
complete information. The user is fully responsible also for the invalid, incomplete,
inaccurate or false information.
3. The Service Provider will use the confidential personal information specified in
points 1 and 2 only in order provide Services and protect the rights and interests of
other users, mainly to protect the property and financial interests of the users and
the Provider.
4. The aforementioned information which do have or might have the character of
personal information will be further provided only to the Courts or other public
authorities in accordance with the legislature of the SR and with respect to the rights
of the user and the Provider of Services.
5. The Service Provider undertakes to adhere to the duties of confidentiality of
personal information and data which are being processed and will not use them for
personal or private gain and will not publish or reproduce them without the explicit
permission of the users and will not provide them to any third party. The
Confidentiality is valid also after the termination of the contract. The obligation to
respect the confidentiality is not valid for any of the parties, if it is necessary to carry
out the fulfilment of the law enforcement authorities and investigate possible crime
or offence in accordance with the legislature of the Dominican Republic, including
the legally authorised law enforcement bodies.
6. The Service Provider has accepted and will undertake to implement the technical,
organisational and personal measures in order to protect the personal information
and the processing of the personal information in accordance with the existing
legislative of the Dominican Republic and legally binding regulations.
XV. GENERAL TERMS AND CONDITIONS
1. Delay or failure of the Service Provider when carrying out any kind of law is not
considered to waive one's right.
2. Invalidity or unenforceability of some of these regulations of these Sale and
Purchase Conditions will have no influence on the validity or enforceability of any
other point of these conditions.
3. The user is not entitled to undergo or transfer any of his/her rights or obligations
arising from these Sale and Purchase Conditions without a previous written
permission of the Service Provider. The Service Provider is entitled to undergo or
transfer some or all of his rights according to these conditions, fully or partially, even
without a previous written permission of the user.
4. The headings of these paragraphs are only for overall orientation and may not be
interpreted in a way limiting the content of individual paragraphs.
5. These Sale and Purchase Conditions contain a complete agreement and can
therefore replace all the previous and contemporary agreements and treaties between
the parties in regard to the use of Services.