Terms of Service
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Last updated: June 29th, 2019
This is an agreement between you or the entity that you represent (“You” or “Your” or “User”) and Hodlex Ltd (“Hodlex Ltd” or "us" or "our" or "we") governing your use of Hodlex Ltd Services ("Service" or "Services").
This Agreement (the “Agreement”) consists of the following Terms of Service (hereinafter “General Terms”) and the Terms of Service, if any, that are specific to the use of individual Services (hereinafter “Service Specific Terms”), constitute an agreement between you and Hodlex Ltd.
The General Terms regulate the common provision of Services by Hodlex Ltd to you ("you" or "your" or “User”) as an individual. Please read these General Terms carefully before using the Services, because they affect your legal rights and obligations.
The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
By using Hodlex Ltd Services, you further represent and warrant that:
- you are at least 18 (eighteen) years old;
- you have will, full power and authority to enter into the Agreement;
- you agree to be bound by these Terms of Service, including by their future amendments if any;
- you are acting in compliance with legislation of the jurisdiction you operate in and with any other applicable legislation;
- in accordance with any law you have to comply with it is not forbidden to use our Services;
- you will not use our Services for any purpose which is unlawful or prohibited by the Agreement;
- you have not previously been suspended or removed from using our Services;
- you have read, understand and completely agree to these Terms of Service as a whole and to each of their provisions separately;
- all your previous representations were made responsibly and you have fully understood the meaning of all sentences and separate words;
- you are not a citizen or tax resident of the United States of America, North Korea, Iraq, Syria, Sudan;
Agreement – agreement regarding the provision of Services concluded between the Hodlex Ltd as a service provider and a User as a service consumer. These Terms of Service constitute the rules of the Agreement. Agreement is deemed to have concluded between the Hodlex Ltd and a User, if a User is actually started to use Services;
accounts.hodlhodl.com – Internet website of Hodlex Ltd authentication system, where Users can:
- Create a common User Account that allows you to access the main functions of all Hodlex Ltd Services;
- Manage their cross platform User Account.
General Terms – these terms of service;
Hodlex Ltd – limited liability company incorporated under the laws of Marshall Islands, with business number 89220;
Service Specific Terms – terms of service, specific to use of individual Services;
User – an individual who has an account (record) created within the accounts.hodlhodl.com authentication system and who is actually using Hodlex Ltd Services. Any User is deemed to have entered into the Agreement;
User Account – a common account (record) created within the accounts.hodlhodl.com authentication system and associated to the specific User which allows this User to access all Hodlex Ltd Services;
USING OUR SERVICES
Registration and User Accounts
Before an access to the Services is granted to you, you need to create a User Account with the Hodlex Ltd authentication system. During the account creation process you will be asked to provide certain registration details, such as your login, password, e-mail address, etc. List of mandatory information to be provided may be changed from time to time by Hodlex Ltd unilaterally.
All the information you provide during the account creation process must be true, accurate, current, and complete. If we at Hodlex Ltd believe that provided information is not true, accurate, current, or/and complete, we have the right to refuse you access to our Services, or any of its resources, and to terminate or suspend your account. We are limiting account creation attempts to one per 24 hours.
After the account is created, your e-mail must be verified. E-mail verification instructions will be sent shortly after the registration.
After your e-mail is verified you will be able to log into your account and access the Services, and all the information from every Hodlex Ltd Service will be displayed on your single profile page.
While using the Services you may only act on your own behalf. Your account cannot be used to act as an intermediary or broker for any person or entity other than yourself unless specifically allowed by an additional agreement with Hodlex Ltd.
You may only use your own account to use Hodlex Ltd Services. You may only use one User Account at a time for using Services unless specifically allowed by Hodlex Ltd. You have to maintain adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access Services, as well as all passwords you use to access your e-mail address associated with your User Account. You are not allowed to sell, borrow, share or otherwise make available your account or any detail necessary to access your account to people or entities other than yourself.
Your account must not contain misleading, inaccurate or fraudulent information, including, but not limited to having a fake phone number, creating fake reputation information for your account, faking your residence state or providing fraudulent identification documents.
Identification and Verification
If we are obliged to do so by the law or in accordance with our internal policy, we may at any time introduce or amend mandatory identification / verification procedures and require you to complete our identification and/or verification and may also require you to submit identification documents to Hodlex Ltd. Failing to complete identification and/or verification will be considered as a violation of the Agreement.
Until mandatory identification / verification procedures are not introduced, you are entitled to complete our identification / verification process voluntarily in order to obtain certain privileges such as lower fees etc.
Verification applies to all Hodlex Ltd Services.
Types of Accounts
Currently, there are two types of accounts - regular account and verified account.
“Regular” type of account means that a User who owns this account has just performed standard registration within the Hodlex Ltd authentication system.
"Verified" type of account means that a User, who owns this account, has entered into additional agreement with Hodlex Ltd, has provided all requested identification documents and information and his identity has been verified. Verified account owner gets lower fees as well as several additional privileges. List of additional privileges to be provided for the verified account holders shall be published on the hodlhodl.com website. Hodlex Ltd is entitled to amend this list from time to time at its sole discretion.
Limitation of Access, Suspension and Termination
We may terminate, suspend, or limit your access to your User Account or to the Services we offer at our sole discretion, if:
- you violate (or have violated at any previous point in time) these General Terms or any agreement you enter into with Hodlex Ltd;
- we have a reason to believe that your use of Services violates any applicable law act;
- we have a reason to believe that during the registration or verification or at any other point in time you have provided us with false, inaccurate, incomplete, misleading or fraudulent information;
- you have not provided any information / document requested by us with a deadline;
- you failed to take actions prescribed by Hodlex Ltd decision regarding the dispute you were involved in;
- you have performed an attempt (either successful or unsuccessful) of unauthorized access to any part or component of the Services, bypass or break any security mechanism of the Services or use the Services in any other manner that poses a security risk to us or to any other User;
- you have performed an attempt (either successful or unsuccessful) to interrupt Services and/or damage Hodlex Ltd owned software and/or hardware;
- we are required to do so by any applicable law or/and order issued by the state authority;
- you are unreasonably inactive during contracts.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all intellectual property rights (inter alia copyright, trademarks and other) related to the hodlhodl.com site and the Services is owned by the Hodlex Ltd and/or our licensors. You are permitted to use the site and our services only as expressly authorized by us. We reserve all rights not expressly granted in and to this site, the services and the content on this site.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
You expressly agree that use of the Hodlex Ltd Services is at your sole risk.
All Hodlex Ltd Services are provided for your use on an “as is” and “as available” basis without any representation or endorsement.
We reserve the right to:
- modify any part of the Hodlex Ltd Services and/or any software associated with them at any time at our sole discretion and without any notice;
- modify, alter or discontinue any aspect of Services at any time at our sole discretion and without any notice;
You agree that, to the maximum extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Services is to stop using the Services.
To the maximum extent permitted by applicable law, Hodlex Ltd further expressly disclaim all warranties and conditions of any kind, whether express, implied or statutory, including any implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by applicable law, Hodlex Ltd further expressly disclaim all warranties that Services will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server which makes it available are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss, lost profits, destruction or alteration of content or material as a result of uploading to or downloading from the site. Hodlex Ltd does not guarantee the possibility of being able to use the Services due to circumstances independent of Hodlex Ltd. such as cyber attack or server failure.
Notwithstanding any other provision in these Terms, nothing shall limit your rights as a consumer under mandatory provisions of applicable consumer protection legislation.
To the fullest extent permitted by law, in no event will Hodlex Ltd, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any indirect, special, incidental, punitive, exemplary, or consequential damages; or
- any loss of data, goodwill or reputation.
To the maximum extent permitted by applicable law, aggregate liability for all claims relating to the Hodlex Ltd Services in no event shall be more than the amounts paid by you to Hodlex Ltd during the prior twelve months in question.
Nothing in these Terms shall exclude or limit our liability based on willful conduct or gross negligence. If and to the extent applicable law does not allow the above limitations of warranty and liability, such limitations shall not apply to you.
Hodlex Ltd will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via this site. Although the information provided to you on this site is obtained or compiled from sources we believe to be reliable, Hodlex Ltd cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose.
INDEMNIFICATION FOR THIRD PARTY CLAIMS
You agree to fully indemnify Hodlex Ltd against and hold harmless from any and all claims, liabilities, losses, damages, claims, costs, expenses, interest, awards, judgments and penalties (including reasonable fees for outside counsel, accountants and other outside consultants) suffered or incurred as a result of a third party claim against the Hodlex Ltd if such claim will be caused by your use of the Services (or use by any other person accessing the Services using your User Account) or your violation of any law or rights of any third party.
TRANSFER OF RIGHTS AND ASSIGNMENT
Hodlex Ltd is entitled to transfer or assign its rights and obligations under this agreement to any person either natural or legal, at any time without notice to you. Such transfer or assignment however may not affect your right or our obligations under this Agreement.
At the same time, you may not transfer or assign any of your rights and / or obligations under this Agreement to any other person.
The client acknowledges that Hodlex Ltd official language is the English language.
This Agreement constitutes the entire agreement and understanding between you and the Hodlex Ltd parties with respect to the subject matter of this Agreement and completely supersedes all prior oral or/and written agreement and understanding between you and the Hodlex Ltd before this Agreement with respect to the subject matter hereof.
You hereby acknowledge and represent that you have not relied on any representation, assertion, guarantee, or other assurance, except those set out in this Agreement, made by or on behalf of any other party prior to the execution of this Agreement.
You hereby certify that you have understood every single rule of the Agreement.
If any provision of this Agreement or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provisions or applications and to this end the provisions of this Agreement are declared to be severable.
If you communicate with Hodlex Ltd by e-mail, you should note that the security of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages which are not encrypted you accept the risks of such uncertainty and possible lack of confidentiality over the Internet. The Internet is not 100% safe and someone may be able to intercept and read your details.
This site and the information, tools and material contained in it are not directed to, or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation or which would subject Hodlex Ltd or its affiliates to any registration or licensing requirement within such jurisdiction.
You agree that this Agreement and any dispute between you and us shall be governed in all respects by the laws of United Kingdom, without regard to their choice-of-law provisions, and excluding the application of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Except if prohibited and without limitation to any statutory rights for consumers under applicable consumer protection laws, you agree that all disputes, claims and proceedings arising out of or relating to the services shall be resolved by the competent courts of London, United Kingdom. However, we shall always have the right to take legal proceedings in the court of competent jurisdiction of your domicile.
To the fullest extent permitted by applicable law, you agree that any claim against Hodlex Ltd must be commenced within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period.
Any personal information you provide us will be treated as confidential and shared only within the Company, its affiliates and its business partners and will not be disclosed to any third party except under any regulatory or legal proceedings. Web site tracking systems may also collect data detailing the pages you have accessed, how you discovered this site, the frequency of visits and so on. The information we obtain is used to improve the content of our web site and may be used by us to contact you, by any appropriate means, and to provide you with any information we believe may be useful to you.
HOW TO CONTACT US
You can contact us at any time by sending respective question, notice or request to our support staff. We will always notify you about the delivery of your letter. In the event you have not received respective notification, please consider your letter undelivered and send it to us one more time.
List of e-mails through which you can receive messages from us:
By using the Services, you agree that any notice, disclosure, agreement or other communication that we send to you electronically to the email address you have defined in your account settings will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.