Terms and Conditions
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Last updated: November 25th, 2022
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 General Terms of Service (hereinafter “General Terms”) and the Terms of Service, such as Hodl Hodl, Lend at Hodl Hodl and other, that are specific to the use of individual Services (hereinafter “Service Specific Terms”), and constitutes 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 legal power, authority and capacity 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 the 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 the Terms of Service provisions separately;
- all of 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 (except if You are using Lend at Hodl Hodl), North Korea, Iraq, Syria, and/or Sudan;
Agreement – agreement regarding the provision of Services concluded between Hodlex Ltd as a service provider, and a User as a service consumer. These Terms of Service constitute the rules of the Agreement. The Agreement is deemed to have concluded between Hodlex Ltd and a User, if a User has actually started to use the Services (finished the sign up process);
accounts.hodlhodl.com – Internet website of Hodlex Ltd authentication system, where Users can:
- Create a common User Account that allows users to access all of the main functions of 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;
Services – all services which are provided by Hodlex Ltd to the User under the rules of the Agreement through the hodlhodl.com domain: hodlhodl.com and lend.hodlhodl.com;
Service Specific Terms – terms of service, specific to the 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 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 (sign up) process you will be asked to provide certain registration details, such as your email, nickname, password, etc. The list of mandatory information to be provided may be changed from time to time by Hodlex Ltd unilaterally.
All of the information you provide during the account creation process must be true, accurate, current, and complete. If we at Hodlex Ltd believe that the provided information is not true, accurate, current, and/or complete, we have the right to refuse you access to our Services, and/or any of its resources, and/or to terminate and/or suspend your account without any explanations and/or refunds. We are limiting account creation attempts to one per 24 hours.
After the account is created, your e-mail must be verified. Email verification instructions will be sent to the Email you specified during the sign up process shortly after registration has been completed.
After your email is verified you will be able to log into your account and access the Services, and all of 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.
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 a violation of the Agreement and may lead to the suspension and/or termination of your account.
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 only performed standard registration within the Hodlex Ltd authentication system.
"Verified" type of account means that a User who owns this account has performed the standard registration within the Hodlex Ltd authentication system, and has also entered into an additional agreement with Hodlex Ltd, and has provided all requested identification documents and information and his identity has been verified.
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 and/or any agreement you enter into with Hodlex Ltd;
- we have a reason to believe that your use of the Services violates any applicable law and/or regulations;
- we have a reason to believe that during the registration, and/or verification, and/or at any other point in time, you have provided us with false, inaccurate, incomplete, misleading and/or fraudulent information;
- you have not provided any information / document requested by us within a specified deadline and/or the documents provided are fake and/or misleading;
- you failed and/or refused and/or delayed to take actions prescribed by the decision of Hodlex Ltd and/or refused to cooperate 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, to bypass and/or break any security mechanism of the Services and/or use the Services in any other manner that poses a security risk to us and/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 and/or order issued by the state authority;
- you are unreasonably inactive during contracts;
- you have not finished the sign up and/or verification process;
- you have not used your account for more than 24 months;
- you have been reported by one or more users as a scammer.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all intellectual property rights (inter alia copyright, trademarks and/or others) related to the hodlhodl.com site and Services are owned by 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 the use of 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, and/or discontinue any aspect of the 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 DISCLAIMS 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 DISCLAIMS 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.
To the fullest extent permitted by law, in no event will Hodlex Ltd, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assignors, suppliers, or licensors be liable for:
- any economic losses (including but not limited to, 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, the aggregate liability for all claims relating to 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.
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, costs, expenses, interest, awards, judgments, legal actions and penalties (including reasonable fees for outside counsel, lawyers, accountants and other outside consultants) suffered or incurred as a result of a third party claim against 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. However, such transfer or assignment may not affect your rights 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 without our expressed written acceptance.
The client acknowledges that the official language of Hodlex Ltd is the English language. In case of a conflict between the English language and any other language of our Services – English language shall prevail.
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 and/or written agreements and understandings between you and 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 is held invalid, the invalidity shall not affect other provisions of the Agreement which can be put into effect without the invalid provisions, and to this end, the provisions of this Agreement are declared to be severable.
If you communicate with Hodlex Ltd by email, you should note that the security of Internet email is uncertain. By sending sensitive or confidential email messages which are not encrypted you accept the risks of such uncertainty and the 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 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 the 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 not limited to, 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.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You will attempt to resolve all disputes with respect to the Services through communication with our customer service. If parties are unable to resolve the dispute, You must use the dispute resolution mechanism discussed above.
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 our Services, the frequency of visits and so on. The information we obtain is used to improve the content of our Services 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 the respective question, notice or request to our support team. 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. Please check your spam-filter settings.
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.