Term & Conditions
Term & Conditions
This Agreement is entered into by and these Terms & Conditions (hereinafter referred to as the “Agreement”) shall regulate the relationship between DIKE Finance Solution Limited, and the user (a natural or legal entity) (hereinafter referred to as the “Client”) of https://dike.finance/ (hereinafter referred as the “Website”).
- The Client confirms that he/she has read, understood and accepted all information, conditions and terms set out on Website which are open to be reviewed and can be examined by the public and which include important legal Information.
- The terms of this Agreement shall be considered accepted unconditionally by the Client upon DIKE Finance’s receipt of an advance payment made by the Client. As soon as DIKE Finance receives the Client's advance payment, every operation made by the Client on the Trading Platform shall be subject to the terms of this Agreement and other documentation/information on the Website.
- The Client hereby acknowledges that each and any Operation, activity, transaction, order and/or communication performed by him/her on the Trading Platform, including without limitation through the Account, and the Website, shall be governed by and/or must be executed in accordance with the terms and conditions of this Agreement and other documentation/information on the Website.
- By accepting this current agreement, the Client confirms that he/she is able to receive information, including amendments to the present Agreement either via email or through the Website.
- Market - means the market on which the Financial Instruments are subject to and/or traded on, whether this market is organized / regulated or not.
- Prices - means the prices offered to the Client for each transaction which may be changed without prior notice. Where this is relevant, the “Prices” given through the Trading Platform include the Spread (see definition below).
- Trading Platform - means an electronic system on the internet that consists of all programs and technology that present quotes in real-time, allow the placement/modification/deletion of orders and calculate all mutual obligations of the Client and DIKE Finance.
2. Subject of the Agreement
- The subject of the Agreement shall be the provision of Services to the Client by DIKE Finance under the Agreement and through the Trading Platform.
- DIKE Finance shall carry out all transactions as provided in this Agreement on an execution-only basis, neither managing the account nor advising the Client. DIKE Finance is entitled to execute transactions requested by the Client as provided in this Agreement even if the transaction is not beneficial for the Client. DIKE Finance is under no obligation, unless otherwise agreed in this Agreement and/or other documentation/information on the Website, to monitor or advise the Client on the status of any transaction, to make margin calls, or to close out any of the Client’s open positions. Unless otherwise specifically agreed, DIKE Finance is not obligated to make an attempt to execute the Client’s order using quotes more favorable than those offered through the Trading Platform.
- Subject to the provisions of this Agreement, DIKE Finance agrees to provide the Client with the Services subject to the Client:
- Being of age of maturity in accordance with the jurisdiction he/she resides in or is a resident of, is of legal competence and of sound mind.
- Not residing in any country where distribution or provision of the financial products or services offered by DIKE Finance would be contrary to local laws or regulations. It is the Client’s responsibility to ascertain the terms of and comply with any local laws or regulations to which they are subject.
- DIKE Finance will offer Services to the Client at the absolute discretion of DIKE Finance subject to the provisions of this Agreement.
- The Client is prohibited and shall not, under no circumstances, be allowed to execute any transactions/Operations on the Trading Platform, Website and/or through his/her Account, that would as a result exceed the total balance and/or amount of money deposited/maintained with his/her Account. Such deposited amounts shall be considered to have been provided as collateral, either in the form of a lien or otherwise, to DIKE Finance by the Client by which the obligation of the Client to pay any money to DIKE Finance is secured.
3. Services of DIKE Finance
- Services – services provided by the DIKE Finance to the Client through the Trading Platform of DIKE Finance, including without limitation to customer, analytics, news and marketing information services.
- DIKE Finance shall facilitate the execution of trade activities/orders and/or transactions of the Client but the Client hereby acknowledges and accepts that DIKE Finance shall not at any time provide any trust services and/or trading consultation or advisory services to the Client.
- DIKE Finance shall process all transactions/Operations of the Client in accordance with the terms and conditions of this Agreement and on an execution-only basis. DIKE Finance shall not manage the Client’s Account nor advise the Client in any way.
- DIKE Finance shall not be financially liable for any operations conducted by the Client through the Account and/or on the Trading Platform.
- Each Client shall be the only authorized user of DIKE Finance’s services and of the corresponding Account
- If the Client acts on behalf of any third party and/or on behalf of any third party’s name, DIKE Finance shall not accept this person as a Client and shall not be liable before this person regardless if such person was identified or not.
- DIKE Finance does not guarantee uninterrupted service, safe and errors-free, and immunity from unauthorized access to the trading sites' servers nor disruptions caused from damages, malfunctions or failures in hardware, software, communications and systems in the Client's computers and in DIKE Finance's suppliers.
- Supplying services by DIKE Finance depends, inter alia, on third parties and DIKE Finance bears no responsibility for any actions or omissions of third parties and bears no responsibility for any damage and/or loss and/or expense caused to the Client and/or third party as a result of and/or in relation to any aforesaid action or omission.
- DIKE Finance will bear no responsibility for any damage of any kind allegedly caused to the Client, which involves force majeure or any such event that DIKE Finance has no control of and which has influenced the accessibility of its trading site.
5. Settlement of Transactions
DIKE Finance shall proceed to a settlement of all transactions upon execution of such transactions.
6. Rights, Obligations and Guarantees of the Parties
The Client shall be entitled to:
- Submit with DIKE Finance any order requesting the execution of a transaction/Operation on the Website in accordance with and subject to the terms and conditions of this Agreement;
- Request withdrawal of any amounts subject and in accordance with the Withdrawal Policy, and provided that DIKE Finance has no claims against the Client and/or the Client does not have any outstanding debts to DIKE Finance;
- In the event that the Client has any alleged complaint against DIKE Finance and/or there is any dispute between the Client and DIKE Finance, then the Client can submit his/her complaint, to include all relevant particulars and details, to DIKE Finance at [email protected] DIKE Finance shall acknowledge receipt of any such complaint, initiate an internal investigation of the matter and shall respond to the Client within a reasonable amount of time (i.e. within 3 months from the date of acknowledging receipt of the complaint). DIKE Finance may extend this timeframe if deemed necessary and in such case, DIKE Finance shall notify the Client accordingly.
- Acknowledges that the Account shall be activated upon the deposit of funds/advance payment into the Account.
- Warrants that he/she shall at all times be compliant with and honor all terms and conditions of this Agreement
- Warrants that he/she shall ensure that at all times the username and password issued by DIKE Finance in relation to the use of the Service(s) and the Account, will only be used by him/her and will not be disclosed to any other person;
- Shall be liable for all orders submitted through his/her security information and any orders received in this manner by DIKE Finance shall be considered to have been given by the Client;
- Confirms that any trading strategies and/or investment decisions and/or any activities performed by him/her through his/her Account and on the Trading Platform are made having in mind/considered/being aware of all risks involved and solely on the basis of his/her knowledge and upon his/her sole discretion.
- Warrants that he/she shall take all necessary steps and action in order not to disclose any confidential information of DIKE Finance which DIKE Finance shall disclose to and/or make available to the Client from time to time.
- Accepts any risk, including without limitation to any risk of financial loss, that arises from unauthorized access to and operation of his/her Account by third and/or unauthorised parties.
- Shall notify DIKE Finance of any changes of his/her contact details and any other changes of the personal data he/she provided to DIKE Finance, within 7 (seven) calendar days since such changes came into effect.
- Shall indemnify and hold harmless DIKE Finance of any claims and/or legal actions instigated against DIKE Finance as a result of disclosure of the Client’s personal data.
- Acknowledges that DIKE Finance prohibits third party or anonymous payments into the Client’s Account. Only funds sent from an account held in the Client’s name and belonging to the Client are acceptable. DIKE Finance reserves the right at its discretion, if it has identified third party or anonymous deposits, to block the Account. The Client should note that any remaining funds will be returned to the third-party source via the same payment method and any profits accumulated by the Client using third party or anonymous funds will not be made available to the Client.
The Client hereby warrants and represents to DIKE Finance that he/she:
- Is responsible to ascertain the terms of and shall comply with, any and all applicable local laws and/or regulations to which he/she is subject to.
- Has the legal capacity/competence, is of sound mind and has reached the age of maturity in the country which he is resident or citizen;
- The Client certifies that he has provided accurate, complete and true information about himself upon registration and will maintain the accuracy of the provided information by promptly updating any registration information that may have changed. Failure to do so may result in Account closure, Account limitations and/or voiding of any transactions.
- An account without KYC will have the withdrawal function locked, and requires KYC account to create a withdrawal order.
- The Client confirms that the purpose and reason for registering and operating an Account is to trade, on his/her personal/own behalf, in any financial instruments and to take advantage of the Services offered by DIKE Finance. The Client warrants that should the reason for operating an Account change, he/she will inform DIKE Finance immediately.
- The Client warrants and/or shall repeat the above warranties at all times, including, without limitation, during and/or upon the execution of any transaction/Operation and/or trade, through the Account and the provision of the Services.
DIKE Finance shall be entitled to:
- Modify the size of the value of DIKE Finance’s financial obligations to the Client with changes of the appropriate entry of the trade operations register in case of violation of one or several provisions of the Agreement herein by the Client.
- DIKE Finance reserves the right to change, add or set as default the option payments rate, return rate, the possibility of adjusting the return rate, the possibility of acquiring the option type, the minimum and/or the maximum option amount, the possible expiration periods for one, several or all of the assets. DIKE Finance shall be entitled to limit the maximum amount of purchased options for 1 (one) minute, 1 (one) hour, 1 (one) calendar day.
- Contact the Client with any question concerning the Agreement herein, including, in order to clarify the Client's intentions regarding his/her actions through the Account.
- Unilaterally modify and/or amend and/or restate the terms and conditions of this Agreement and/or the material made available on the Website without prior notice to the Client. DIKE Finance shall notify the Client of any such changes through the Website and/or by the delivery of an email to the Client.
- Modify the size of the value of DIKE Finance’s financial obligations to the Client, if fulfillment of Operations on the Trading Platform does not comply with conditions of the Agreement herein.
- Engage third parties with a view to cooperate in order to facilitate and/or enhance any and/or the provision of, the Services under this Agreement.
Obligations of DIKE Finance:
- Subject to the provisions of this Agreement and DIKE Finance being reasonably satisfied that the Client is compliant with the terms and conditions of this Agreement and/or has not in any way breached any terms of this Agreement, DIKE Finance shall offer the Services through the Website;
- To fulfill provisions of the Agreement herein.
7. Indemnity and Liability
- DIKE Finance shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment or any act done or which DIKE Finance has omitted to do, whenever caused, unless such act or omission resulted from gross negligence, willful default or fraud by DIKE Finance.
- The Client shall indemnify and keep indemnified DIKE Finance and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by DIKE Finance or any other third party in respect to any act or omission by the Client in the performance of his/her obligations under this Agreement and/or the liquidation of any financial instruments of the Client in settlement of any claims with DIKE Finance, unless such liabilities result from gross negligence, willful default or fraud by DIKE Finance. This indemnity shall survive termination of this Agreement.
- DIKE Finance shall not be liable for any direct and/or indirect loss, expense, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost or liability is a result of gross negligence, willful default or fraud by DIKE Finance. Notwithstanding the provisions of section 8.2 above, DIKE Finance shall have no liability to the Client whether in tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or in connection with the Agreement.
8. Personal Data
- By accepting the terms and conditions of this Agreement, the Client irrevocably consents to the collection and processing of his/her personal data/information by DIKE Finance without the use of automatic controls, as the same are provided by him/her to DIKE Finance. The term personal data for the purposes of this Agreement shall mean: the Name, Surname, Patronymic, gender, address, phone number, e-mail, IP address of the Client, Cookies and information that relate to the provision of Services to the Client (for example, the Client’s trading story).
- The Client shall be obliged to provide correct, accurate and complete personal data/information as requested by DIKE Finance.
- The Client acknowledges and consents to that, for the purposes described at the section directly above, DIKE Finance shall be entitled to collect, record, systematize, accumulate, store, adjust (update, change), extract, use, transfer (disseminate, provide, access), anonymize, block, delete, destroy such personal data and/or perform any other actions according to the current regulating legislation.
- The purpose of collecting and processing the personal data is to comply with applicable regulating legislation requirements, including without limitation to anti-money laundering regulations, as well as for any and all purposes in relation to this Agreement, including without limitation to enable DIKE Finance to discharge its obligations towards the Client.
- DIKE Finance shall not be entitled to make available the personal data in public and/or disclose such personal data for any other purposes, subject to disclosure required under applicable laws and regulations.
- During processing of the personal data, DIKE Finance shall take necessary legal, organizational and technical measures to protect such personal data from unauthorized or accidental access, destruction, change, blocking, copying, provision, and dissemination as well as from any other illegal actions.
9. Charges and Fees
- DIKE Finance shall be entitled to receive a fee from the Client regarding the Service(s), provided by DIKE Finance.
- DIKE Finance may pay fee/commission to business introducers, referring agents, or other third parties based on written agreement. This fee/commission is related to the frequency/volume of transactions and/or other parameters.
- DIKE Finance may pay fee/commission to business introducers, referring agents, or other third parties based on written agreement. This fee/commission is related to the frequency/volume of transactions and/or other parameters. All applicable fees or charges can be found on DIKE Finance’s Website (General Fees). DIKE Finance has the right to amend its fees and charges from time to time.
- Ongoing trading fees, including inter alia swaps, shall be charged and deducted from the Client’s account balance. In case the Client does not maintain enough funds in his/her balance, the relevant position subject to swap will be closed by DIKE Finance.
- The Client agrees that any amounts sent by the Client will be deposited to the Account at the value on the date of the payment received and net of any charges / fees charged by the bank or any other intermediary involved in such transaction process and/or in any other case, the Client shall authorize DIKE Finance to withdraw the fee by way of transfer from the Client’s Account.
10. Duration and Termination of Agreement
- The Agreement herein shall be concluded for an indefinite term.
- The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to DIKE Finance.
- In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
The Agreement may be terminated in any of the following circumstances:
- Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days written notice. During the 15 days notice, DIKE Finance may limit the services available to the Client, however access will be granted in order for the Client to withdraw any remaining balance.
Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstances:
- Death or legal incompetence of the Client.
- If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken.
- The Client violates or DIKE Finance has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
- If the Company pays attention to and / or the Company has reasonable grounds to believe that the Client is underage in the country where the Client resides or is a citizen, if any.
DIKE Finance has suspicion based on available information that the Client:
- Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement;
- Has illegally and/or improperly and/or unfairly and/or otherwise gained an unfair advantage, over and/or to the detriment of (i) other clients of DIKE Finance and/or (ii) DIKE Finance;
- Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to DIKE Finance and/or for which if DIKE Finance had known in advance, it would have not consented and/or it would not have authorised the use of such information by the Client for the purposes of this Agreement; and/or
- Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or DIKE Finance’s trading systems and/or deceiving DIKE Finance and/or defrauding DIKE Finance; and/or
- Has acted in bad faith during the performance of his obligations under the Agreement.
- The Client being guilty or DIKE Finance has suspicions that the Client is guilty, of malicious conduct or gross negligence or fraud or of using fraudulent means or was involved in fraud scheme in relation to the performance of this Agreement.
- The termination is required under applicable law.
- In case the Client receives 2 warnings regarding verbal abuse against employees of DIKE Finance.
- If the Client didn’t provide to DIKE Finance his KYC documents within 30 days from the moment of acceptance of this Agreement.
- The Client has initiated a chargeback in relation to the funds held in the Client’s Account. In case DIKE Finance identifies that the Client created any additional trading account(s) following the chargeback dispute, DIKE Finance shall be entitled to without giving prior notice terminate the Agreement immediately, close all open positions, block the account(s), and return any remaining own funds (if applicable) excluding profits.
- Where DIKE Finance identifies that the Client is involved and/or is using a high frequency trading software with the purpose of manipulating DIKE Finance’s systems and/or trading platform and/or has illegally and/or improperly and/or maliciously and/or knowingly gained an unfair advantage over and/or to the detriment of other clients of DIKE Finance and/or DIKE Finance and/or this high frequency trading software is designed to abuse DIKE Finance’s systems and/or trading platform.
- Where DIKE Finance identifies that the Client’s funds and/or payment account(s) have been used to fund a third party account and it has reasonable suspicion that the Client and/or third party is circumventing any of the clauses of the present Agreement by doing so and/or is acting in collaboration with a third party circumventing any of the clauses of this Agreement.