In particular, please note that all transactions of Digital Tokens on or off the Site may be subject to fees levied by HNC Revolution as set out and updated in the Fee Schedule from time to time.In the event of any inconsistency between these Terms of Service and any other pages or policies on the Site, these Terms of Service shall prevail. By creating a wallet on the Site or by using any of the Services, you acknowledge that you have read, understood and completely agree to these Terms of Service in effect from time to time. If you disagree with these Terms of Service or with any subsequent amendments, changes or updates, you may not use any of the Services; your only recourse in the case of disagreement is to stop using all of the Services.These Terms of Service may be amended, changed, or updated by HNC Revolution at any time and without prior notice to you. You should check back often to confirm that your copy and understanding of these Terms of Service is current and correct.Your non-termination or continued use of any Services after the effective date of any amendments, changes or updates constitutes your acceptance of these Terms of Service, as modified by such amendments, changes or updates. The use of the Site and any Services is void where prohibited by applicable law.
DefinitionsIn these Terms of Service and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:
1.1.1. "AML" means anti-money laundering;1.1.2. "Associates" means HNC Revolution and each and every one of their respective shareholders, subsidiaries, employees, contractors, agents, directors, officers, partners, affiliates, insurers and attorneys;1.1.3. "CTF" means counter-terrorist financing;1.1.4. "Digital Tokens" means blockchain - based assets or rights or other similar digital representations of rights or assets;1.1.5. “HNC Revolution, we, us, our” means HNC Revolution OU, (limited company), registration code 16151913, registration address Harju maakond, Tallinn, Kesklinna Linnaosa, Parnu mnt 139c/2, 11317, Republic of Estonia. 1.1.6. “HNC Revolution Credit” means the native utility token (HNC Coin) on HNC Revolution that is powered by a hard fork of the Dash algorithm (X11). 1.1.7. “HNC Revolution Community” means both the HNC Revolution and the HNC Revolution Credit users and developer community around HNC Revolution.1.1.6. "FATF" means the Financial Action Task Force;1.1.7. "Losses" has the meaning set out in paragraph 11 of these Terms of Service;1.1.8. "Person" includes an individual, association, partnership, corporation, other body corporate, trust and any form of legal organization or entity;1.1.9. "Personal Information" means information about an identifiable individual, business, organization or other entity but does not include the name, title, business address or telephone number of an employee of a business, organization or other entity;1.1.10. "Prohibited Jurisdictions" means Belarus, Central African Republic, Democratic Republic of Congo, Democratic People’s Republic of Korea, the Crimea region of Ukraine, Croatia, Cuba, Iran, Iraq, Kosovo, Lebanon, Libya, Moldova, Somalia, Sudan, South Sudan, Syria, Venezuela, Yemen and Zimbabwe.1.1.11. "Prohibited Use" has the meaning set out in paragraph 6 of these Terms of Service;1.1.12. "Service" means any of the services, functions or features offered on or through the Site;1.1.13. "Site" means the Internet website www.hnc-revolution.com;1.1.14. "Terms of Service" means these terms and conditions of service, as they may be changed, amended or updated from time to time without prior notice to you, including the following Site policies and pages:
1.1.15. "Trading Order Book" has the meaning set out in paragraph 3 of these Terms of Service;1.1.16. “Wallet” means a user’s public address that holds any Digital Tokens that are created and/or received on the HNC Revolution Wallet which may associate with corresponding transactions related to this address.1.1.17. "You" or "your" means the user.
1.2. Headings The headings and subheadings in these Terms of Service are for ease of reference only and they are not to be taken into account in the construction or interpretation of any provision or provisions to which they refer to.1.3. Extended Meanings Unless otherwise specified in these Terms of Service, words importing the singular include the plural and vice versa and words importing gender include all genders.
2. LICENSE TO USE THE SITEIf you comply with these Terms of Service, HNC Revolution grants you the limited right to use the Site and the Services. The right to use the Site and the Services is a non-exclusive, non-transferable, revocable, limited license and it is subject to the limitations and obligations in these Terms of Service. Nothing in these Terms of Service gives you any license (other than as set out in this paragraph), right, title or ownership of, in, or to the Site or any of the Services.3.TRADING ACTIVITIES The Site is a trading, discussion and information environment for the purchase and sale of Digital Tokens. The Site permits only unfinanced transactions. Unfinanced purchases are fully funded by trading participants through funds owned by you. For example, if you have $100.00 worth of Digital Tokens in your wallet on the Site, you may then trade or sell those Digital Tokens for other Digital Tokens. Purchases and sales of Digital Tokens through the Site are settled by delivery of the full amount of the Digital Tokens by the seller to the purchaser’s wallet against payment in full by the purchaser to the seller’s wallet, with fees deducted.Important: The following persons are prohibited from depositing into, withdrawing from or trading through the Site:3.1. Persons resident in, and nationals of, Prohibited Jurisdictions.4. RISKS AND LIMITATION OF LIABILITYImportant: This paragraph is in addition to the Risk Disclosure Statement. Trading markets are volatile and shift quickly in terms of liquidity, market depth and trading dynamics. You are solely responsible and liable for any and all trading and non-trading activity on or through the Site and for your wallet on the Site; and, for knowing the true status of any position or contract with any other party on the Site, even if presented incorrectly by the Site at any time.You acknowledge and agree to be fully responsible and liable for your trading and non-trading actions and inactions on or through the Site and all gains and losses sustained from your use of the Site and any of the Services; to be responsible for any negative balance in your wallet(s) on the Site; to be fully responsible and liable for all of your obligations with respect to any financing activities on the Site; and, to be fully responsible for safeguarding access to, and any information provided through, the Site and any of the Services, including, but not limited to, private keys, public keys, key seeds and address details. There is no guarantee against losses on or through the Site.
5. NO CLASS PROCEEDINGSYou and HNC Revolution agree that any party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No adjudicator may consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Any relief awarded to any one HNC Revolution user cannot and may not affect any other HNC Revolution users.
6. PROHIBITED USES You may not:6.1. Use the Site or any Services in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations or to deal in any contraband Digital Tokens, funds or proceeds;6.2. Trade or obtain financing on or through the Site or use any Services, with anything other than funds, keys or Digital Tokens that have been legally obtained by you and that belong to you;6.3. Use the Site or any Services to interfere with or subvert the rights or obligations of HNC Revolution or the rights or obligations of any other Site user or any other third party;6.4. Trade using inaccurate information presented by the Site or by HNC Revolution or take advantage of any technical glitch, malfunction, failure, delay, default or security breach;6.5. Use the Site or any Services to engage in conduct that is detrimental to HNC Revolution or to any other Site user or any other third party;6.6. Reverse - engineer, decompile or disassemble any close-sourced or proprietary software running on the Site;6.7. Attempt to harm HNC Revolution or any third party through your access to the Site or any Services, except that nothing in this subparagraph shall be construed as limiting your free speech rights under applicable law;6.8. Where you are a resident or national of a Prohibited Jurisdiction access the Site or any Services using any virtual private network, proxy service or any other third party service, network or product with the intent of disguising your IP address or location; or,6.9. Violate these Terms of Service.Any use as described in this paragraph shall constitute a "Prohibited Use". If HNC Revolution determines that you have engaged in any Prohibited Use, HNC Revolution may address such Prohibited Use at its discretion.
7. ANTI-MONEY LAUNDERING AND COUNTER-TERRORIST FINANCING HNC Revolution is committed to providing you with safe, compliant and reputable Services. Accordingly, HNC Revolution insists on a comprehensive and thorough user due diligence process and implementation and ongoing analysis and reporting. This includes monitoring of and for suspicious transactions and mandatory reporting to international regulators. HNC Revolution needs to keep certain information and documentation on file pursuant to applicable law and its contractual relationships and HNC Revolution hereby expressly reserves the right to keep such information and documentation. This will apply even when you terminate your relationship with HNC Revolution or abandon your wallet and related applications.HNC Revolution reserves the right to refuse service of the Site or to bar transactions from or to or terminate any relationship with any user for any reason (or for no reason) at any time. Without limiting the generality of the foregoing, this includes, but is not limited to, anyone from or in jurisdictions that do not meet international AML/CTF standards as set out by the FATF; anyone that is a Politically Exposed Person within the meaning of the FATF’s 40 Recommendations; or anyone that fails to meet any user due diligence standards, requests, or requirements of HNC Revolution. At all times you may be subject to enhanced user due diligence procedures in your use of the Site and any Service.
8. YOUR REPRESENTATIONS & WARRANTIES You represent and warrant to HNC Revolution as follows:8.1. That, if you are an individual user, you are 18 years of age or older and that you have the capacity to contract under applicable law;8.2. That, if you are not an individual user, you have the requisite power and authority to sign and enter into binding agreements for and on behalf of the user;8.3. That you understand the risks associated with using the Site, that you are not barred from using the Site by paragraph 3 of these Terms and that you are not otherwise prohibited by applicable law from using the Site;8.4. That you will not use the Site or any Services in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband Digital Tokens or proceeds;8.5. That you will not trade or obtain financing on or through the Site or use any Services with anything other than funds or Digital Tokens that have been legally obtained by you and that belong to you;8.6. That any trading or other instructions received or undertaken through your signature credentials are deemed to be valid, binding and conclusive and that HNC Revolution may act upon those instructions without any liability or responsibility attaching to it; and8.7. That you will fairly and promptly report all income associated with your activity on the Site pursuant to applicable law and pay any and all taxes eligible thereon.
9. NO REPRESENTATIONS & WARRANTIES BY HNC REVOLUTIONHNC Revolution makes no representations, warranties or guarantees to you of any kind. The Site and the Services are offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose.
10. NO ADVICEHNC Revolution does not provide any investment advice or advice on trading techniques, models, algorithms or any other schemes.
11. LIMITATION OF LIABILITY AND RELEASEImportant: Except as may be provided for in these Terms of Service, HNC Revolution assumes no liability or responsibility for and shall have no liability or responsibility for any claim, application, loss, injury, delay, accident, cost, business interruption costs or any other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, direct, indirect, general, special, punitive, exemplary or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction or any and all other commercial losses (collectively, referred to herein as “Losses”) directly or indirectly arising out of or related to:11.1. These Terms of Service;11.2. The Site and your use of it;11.3. The Services and your use of any of them;11.4. The real or perceived value of any currencies or Digital Tokens traded on HNC Revolution or the price of any Digital Token displayed on the Site at any time;11.5. Any inaccurate, misleading or incomplete statement by HNC Revolution or on the Site regarding your wallets, whether caused by HNC Revolution’s negligence or otherwise;11.6. Any failure, delay, malfunction, interruption or decision (including any decision by HNC Revolution to vary or interfere with your rights) by HNC Revolution in operating the Site or providing any Service;11.7. Any stolen, lost or unauthorized use of your wallet information, any breach of security or data breach related to your wallet information or any criminal or other third party act affecting HNC Revolution or any Associate; or11.8. Any offer, representation, suggestion, statement or claim made about HNC Revolution, the Site or any Service by any Associate.You hereby agree to release the Associates from liability for any and all losses and you shall indemnify and save and hold the Associates harmless from and against all losses.The foregoing limitations of liability shall apply whether the alleged liability or losses are based on contract, negligence, tort, unjust enrichment, strict liability or any other basis, even if the Associates have been advised of or should have known of the possibility of such losses and damages and without regard to the success or effectiveness of any other remedies.
12. NO WAIVERAny failure by HNC Revolution to exercise any of its respective rights, powers or remedies under these Terms of Service or any delay by HNC Revolution in doing so does not constitute a waiver of any such right, power or remedy. The single or partial exercise of any right, power or remedy by HNC Revolution does not prevent either from exercising any other rights, powers or remedies.
13. FORCE MAJEUREHNC Revolution is not responsible for damages caused by delay or failure to perform undertakings under these Terms of Service when the delay or failure is due to fires; strikes; pandemics, floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all market movements, shifts or volatility; computer, server or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure HNC Revolution is excused from any and all performance obligations and these Terms of Service shall be fully and conclusively at an end.
14. ASSIGNMENTThese Terms of Service and any of the rights, duties and obligations contained herein are not assignable by you without prior written consent of HNC Revolution. These Terms of Service and any of the rights, duties and obligations contained herein are freely assignable by HNC Revolution without notice or your consent. Any attempt by you to assign these Terms of Service without written consent is void.
15. SEVERABILITYIf any provision of these Terms of Service, as amended from time to time, is determined to be invalid, void or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness or unenforceability attaches only to such provision and everything else in these Terms of Service continues in full force and effect.
HNC-REVOLUTION.COM REST API TERMS & SERVICES1. INTRODUCTIONThe following terms and conditions (the “API Terms of Service”) govern your access to and use of our proprietary application programming interface, including our “REST API” or “Websocket API” (collectively, the “HNC Revolution API”) and the related documentation, the current version of which is located at https://hnc-revolution.com/ all of which are designed to facilitate your access to, and use of, our Services (as defined in the Terms of Service).1.1 License to HNC Revolution API Documentation We hereby grant to you a revocable, non-exclusive, non - sublicensable, non - transferable license to access and use the HNC Revolution API Documentation solely to facilitate your development of applications that interface with the Services in accordance with these API Terms of Service and the HNC Revolution API Documentation (each such application, an “Application”).1.2. Suspension or Revocation of Access Notwithstanding the foregoing, we retain the right, at our sole discretion, to suspend or revoke your access to the HNC Revolution API at any time and for any reason, including for:1.2.1. Violation of these API Terms of Service1.2.2. For scheduled maintenance1.2.3. To address any emergency security concernsWe reserve the right to change the HNC Revolution API at any time and without notice. You acknowledge and understand that these changes may require you to make substantial changes to your Application at your own cost and expense. It is your responsibility to review the HNC Revolution Documentation and these API Terms of Service regularly.
2. DATA2.1 No Use Rights to HNC Revolution Data containing personal information You may not use any HNC Revolution Data that contains any information about any identifiable individuals (such information, “Personal Information”) and will promptly delete such personal information in your possession or control upon becoming aware of such personal information.
3. OWNERSHIPAll rights (including intellectual property rights), title and interest in Aggregated Statistical Information and all other materials provided by us hereunder and any update, adaptation, translation, customization or derivative work thereof will remain with us (or our third party suppliers, if applicable). All materials provided by us hereunder are licensed and not “sold” to you. All rights not expressly granted to you in these API Terms of Service are reserved.
4. WARRANTIES AND INDEMNITIES4.1. Transmitted Data Representation You represent and warrant, and covenant with us, that all Transmitted Data will only contain data and information (including, if applicable, personal information) in respect of which you have obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable Laws, to enable us to make available the HNC Revolution API and exercise our rights under these API Terms of Service.4.2. Indemnity in connection with your Use of the HNC Revolution APIYou will defend, indemnify and hold harmless us and all of our officers, directors, employees, contractors and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees arising out of or in connection with:4.2.1. Your Applications4.2.2. Your breach of applicable Laws or your representations or warranties hereunder4.2.3. Your use of the HNC Revolution API contrary to these API Terms of Service or the HNC Revolution API Documentation
5. INTERPRETATIONIn the event of any conflict or inconsistency between the API Terms of Service or the Terms of Service, these API Terms of Service will prevail to the extent of such conflict or inconsistency, except that for the purposes of these API Terms of Service, the term “Services” will, for greater clarity. 6. CHANGE TO API TERMS OF SERVICEExcept where prohibited by applicable Law, we reserve the right to change these API Terms of Service at any time without notice. Your continued access to or use of the HNC Revolution API or after any changes indicates your acceptance of such changes. It is your responsibility to review these API Terms of Service regularly.
HNC REVOLUTION USER AGREEMENTThis user agreement (henceforth THE AGREEMENT) sets the legally binding terms and conditions regarding your access to and use of any websites, mobile websites, mobile applications, desktop applications, products or services (hereafter SERVICES), offered by HNC Revolution, “US”, “WE”, “OUR” shall refer to HNC Revolution. The User, you, shall refer to any natural or legal entity and its authorized agents/users who choose to subscribe or use our services. Certain features of the site may be subjected to additional guidelines and sub - rules as incorporated into this agreement.LEGAL DISCLAIMERBy accessing or using the services you are accepting this agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority and the capacity to enter into this agreement. You shall not access or use the services or accept this agreement if you are below the age of 18 years.If you do not agree with any or all of the provisions of this agreement, kindly refrain from accessing and/or using the site and its services.We may amend the agreement with respect to services from time to time. Amendments will be effective on an immediate basis once they are posted onto this location. Your continued access and use of our services and products shall imply your unconditional consent for such amendments and shall therefore bind you with respect to the terms and conditions of this agreement.Following are the necessary terms and conditions that a user is required to agree and comply with in order to use the services and products of HNC Revolution.
1. ACCOUNTS1.1 Accounts’ CreationIn order to use certain features of HNC Revolution, the user must register for an account and provide certain information about himself/herself as prompted by the account registration form. You represent and warrant that the information provided by you is correct and accurate to the best of your knowledge. You further acknowledge and agree that you will maintain the accuracy of the said information in the future. Your use of the services is and shall be in accordance with the law. You may delete your account at any time, for any reason, by following the instructions of the site. HNC Revolution can suspend or terminate your account in accordance with the provisions given in section 9.1.2 Identity VerificationYou further acknowledge the condition that you will provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud or any other financial crime and permit us to keep a record of such information. You will be required to complete certain verification procedures before you are permitted to use the services and your access to the services may be altered as a result of information collected on a regular basis.The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, social security number and your bank account.In providing us with such information or any information that may be required, you acknowledge that such information is accurate and to the best of your knowledge. You agree to update the information and keep it current at all times. You authorize us to make the enquiries, whether directly or through third parties, whichever we consider appropriate, in our sole discretion, to verify your identity to protect you and us from any financial crimes such as money laundering, fraud, etc. and to take action whenever we deem necessary on the basis of such inquiries.1.3 Restrictions (Anti-Money Laundering & Anti-Terrorist Funding Policy)By using our services and products, you acknowledge and warrant that neither you nor any of your directors, officers, employees, agents, affiliates or representatives including any individuals or any entity is subject to any sanctions.You acknowledge that you are located at a DESIGNATED JURISDICTION and you further warrant us that you have complied with all the necessary anti - terrorism, anti - money laundering, anti - corruption laws in all material aspects and that you have instituted and maintained all necessary policies and procedures to comply with the aforementioned laws. DESIGNATED JURISDICTION means any country or any territory to the extent that such country or territory is subject to such sanctions. SANCTIONS means any international economic protective measure enforced by UNITED NATIONS SECURITY COUNCIL, THE EUROPEAN UNION or any other relevant sanction authorities.1.4 Account ResponsibilityBy agreeing to this user agreement, you acknowledge that you are responsible for maintaining the confidentiality of your account login information and you shall be fully responsible for all activities that occur under your account including all consequences under any applicable law.You agree to immediately notify HNC Revolution of any unauthorized use or suspected unauthorized use of your account or any other breach of security.You agree and acknowledge that HNC Revolution cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.1.5 ComplianceYou agree that you are solely responsible for ensuring that use of the Services is in compliance with all laws, rules and regulations applicable to you and the right to access the services is automatically revoked where the use of such services is prohibited or to the extent that the offering, sale or provisions of the services conflicts with any rule, law or regulation as may be applicable to you.You further acknowledge that the services provided by HNC Revolution are legally authorized in your jurisdiction. You further acknowledge that you shall bear full responsibility in case of any misrepresentations given by you in order to gain access to the services of HNC Revolution, thereby causing any violation of any law applicable in your jurisdiction. JURISDICTION means the extent of any law applicable to a country or location.
2. ACCESS TO THE SERVICES2.1 LicenseSubject to this agreement, HNC Revolution grants you a non - transferable, non - exclusive, limited license to use and access its services solely for your personal or internal business purposes, in accordance with the account type you choose to subscribe to.2.2 ModificationHNC Revolution reserves the right, at any time, to modify, suspend or discontinue the Services wholly or partially with or without any prior notice to you. You agree that HNC Revolution shall not be liable to you or to any third party for any modification, suspension or discontinuation of any services or any part thereof.2.3 No Support or MaintenanceYou agree that HNC Revolution will have no obligation to provide you with any support or maintenance in connection with the services.2.4 OwnershipYou acknowledge that all the intellectual property, including copyrights, patents, trademarks and trade secrets in the services and its content are fully owned by HNC Revolution or its suppliers. Neither this Agreement nor the access to the services transfers to you or any third rights, except for the limited access rights expressly set forth in section 2.1 HNC Revolution and its suppliers reserve all rights not granted in this Agreement. You further acknowledge that there are no implied licenses granted under this agreement.2.5 FeedbackIf you provide HNC Revolution with any feedback or suggestions regarding the services, you hereby assign HNC Revolution all rights in such feedback and related information in any manner it deems appropriate. HNC Revolution will treat the feedback you provide as non - confidential and non - proprietary. You agree that you will not raise objections as to the use of the feedback information by you.HNC Revolution shall have the absolute liberty to use such feedback information as it may deem necessary.
3. PROHIBITED ACTIVITIES3.1. Prohibited ActivitiesIn connection with your use of services, you hereby agree that you will not:
3.2 EnforcementYou hereby acknowledge and agree to the term that HNC Revolution reserves the right to investigate and/or take any appropriate action against you at our sole discretion if you engage in any prohibited activities aforementioned or violate any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include, in our sole and absolute discretion, terminating your account in accordance with this agreement, reporting you to law enforcement authorities without providing any notice of you about any such report and confiscating any balance remaining in an HNC Revolution account which has been terminated.
4. THIRD PARTY PRODUCTS AND SERVICES (OTHER USERS)4.1 Third Party ServicesYou acknowledge that the service will enable and assist you to access, interact with and/or purchase services from several supported platforms and other third parties via third party websites or applications (hereafter called collectively as THIRD PARTY SERVICES).Such third party services are not under the control of HNC Revolution. HNC Revolution does not review, approve, monitor, endorse, warrant or make any representations with respect to Third Party Services and is not responsible for any Third Party Services.You acknowledge that you are/will use all Third Party Services at your own risk and you acknowledge that HNC Revolution has appropriately advised you to apply a suitable amount of caution and discretion in doing so. You agree that any use of such Third Party Services is governed solely by their terms and conditions and any contract entered into or any transaction completed by any Third Party Services is between you and the relevant Third Party and HNC Revolution has no involvement in the same.You agree that you shall comply in all respects with all applicable terms and conditions of such Third Party Services that you access or subscribe to in connection with Services.You acknowledge and agree that if at any time such Third Party Services cease to make their program available to us at reasonable terms, we may cease to provide such features to you without entitling you to refund, credit or any other compensation.By agreeing to this user agreement, you hereby acknowledge and agree that in case of sale of a Debit or a Prepaid CARD, it is merely a standard Debit or Prepaid CARD and HAS NO DIRECT OR INDIRECT relation with cryptocurrency. You further understand and agree to the fact that HNC Revolution is merely a RESELLER and tops up Fiat Currency on card if the equivalent crypto amount is sold by user to HNC Revolution.4.2 Other UsersWe do not guarantee the identity of any users or any other party or ensure that a buyer or seller is authorized to complete a transaction or will between you and any such users.You agree and acknowledge that HNC Revolution will not be responsible for any loss or damage incurred as a result of such interactions. If there is a dispute between you and any other user, we are under no obligation to become liable or to get involved in the same dispute.4.3 ReleaseYou hereby release and forever discharge HNC Revolution and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death and property damage), that has arisen or arises directly or via Third Party action.
5. THE HNC REVOLUTION WALLET5.1 Supported CryptocurrenciesThe HNC Revolution wallet allows you to send, receive and store crypto currencies (collectively called WALLET TRANSACTIONS). The HNC Revolution is only available in relation to the cryptocurrencies that HNC Revolution, in its sole discretion, decides to support (SUPPORTED CRYPTO CURRENCIES).Information about the supported crypto currencies can be found on the HNC Revolution website. The supported cryptocurrencies may change from time to time. Under no circumstances should you attempt to carry out a transaction in relation to a cryptocurrency other than the Supported one.5.2 Transaction InstructionsHNC Revolution will process wallet transactions according to your instructions. You accept and agree that HNC Revolution does not:i. Guarantee the identity of any user, receiver or other party to a HNC Revolution wallet transaction. You are solely responsible for ensuring all transaction details are correct and you should carefully verify all transaction information prior to submitting transaction instructions to HNC Revolution.ii. Have any control over or any liability in relation to the delivery, quality or any other aspect of any goods or services that you may buy or sell to any third party. HNC Revolution shall not be responsible for and will not take any action in relation to, ensuring that any buyer or seller you transact with using HNC Revolution wallet completes the relevant transaction or has requisite authority to do so.5.3 Receiving CryptocurrencyYou may receive Supported Cryptocurrency into your HNC Revolution wallet by providing the sender with a receive address generated in you HNC Revolution wallet. Your HNC Revolution wallet will only be credited with Supported Cryptocurrency sent to a receive address generated through your HNC Revolution wallet and associated with that Supported Cryptocurrency.5.4 User Consent for P2P transactionHNC Revolution allows you to use fiat currency funds solely in exchange for certain Supported Cryptocurrencies and with other users in so called P2P transactions.You acknowledge and completely understand that in a P2P transaction HNC Revolution holds the digital currency in escrow between the two counterparties until payment in fiat currency funds between the buyer and seller users has been confirmed.You further acknowledge that HNC Revolution does not take custody or facilitate transfer of the fiat currency funds in this model and the transfer of the fiat currency funds is solely a connection between the user and the currency being purchased. Without prejudice to the foregoing, you hereby grant HNC Revolution the right to resolve any and every issues and disputes among users in its sole discretion.5.5 Trading between supported CryptocurrenciesHNC Revolution allows you to trade with other users between various supported Cryptocurrencies.5.6 Sharing User InformationIn the course of processing a wallet transaction, HNC Revolution may be required to share your user information with other contractual third parties or, as required, under applicable laws or demanded upon a lawful request by any Governmental Authority.You hereby irrevocably grant full permission and authority to HNC Revolution to share such information with any such third party or, as required, under applicable laws or demanded upon a lawful request by any governmental authority and release HNC Revolution from any liability, error, mistake or negligence related thereto.5.7 Trade CorrectionsYou acknowledge and agree that HNC Revolution may correct, reverse or cancel, in its sole discretion, any order, trade, transfer or other transaction or activity with respect to which HNC Revolution has discovered that there was an error or abnormality, whether such error or abnormality was caused by you, HNC Revolution or any third party or due to any abnormality was caused by you, HNC Revolution or any third party or due to any technical issues, system issues, software failure or otherwise. You agree that HNC Revolution provides no guarantee and warranty that any such attempt will be successful and will have no liability for any and will have no liability for any such errors or any correction attempts.6. FEES6.1 GeneralYou agree to pay HNC Revolution the fees set forth in the website which may be updated from time to time at our sole discretion. Any such updated fees will apply prospectively to any trades or other transactions that take place following the effective date of such updated fees. You authorize HNC Revolution to remove any amount from your account to fulfil any applicable fees owed by you under this Agreement.6.2 Withdrawal FeesYou may be charged a fee to send or withdraw a supported Cryptocurrency from your HNC Revolution wallet.6.3 Service ChargesHNC Revolution charges a particular fee for the customers who trades Supported Cryptocurrencies using our Services. HNC Revolution will, at the time of any transaction on its exchange, notify you of any fees that will be applicable on the transaction. By proceeding with any transaction you accept and agree to the applicable fees.No further objections shall be applicable on the fees charged.
7. ACCOUNT SUSPENSION OR TERMINATION7.1 GeneralThis agreement will continue to apply to you until terminated by either you or HNC Revolution. Any provision of this Agreement which, either by its terms or to give effect to its meaning, must survive and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of this Agreement.7.2 Suspension, TerminationWe may terminate your Account or suspend your access to the Services at any time and with immediate effect for any reason or no reason, in our sole discretion, delay deposits or withdrawals if we believe the transaction is suspicious, may involve fraud or misconduct, violates applicable laws or violates the terms of this Agreement. If the account is terminated due to fraud, violation of law or violation of this Agreement, HNC Revolution may, in its discretion, confiscate any balance remaining in the Account and deliver it to any applicable government, law enforcement or other authorities where the circumstances warrant.7.3 CancellationYou may cancel your Account at any time by sending us a request on the website. Upon termination of this Agreement and your account you shall be solely liable for all transactions made while the account was open.
8. DISCLAIMERSThe services are provided on an “as is” and “as available” basis and HNC Revolution expressly disclaims any and all warranties and conditions of any kind, whether express, implied or statutory, including all warranties and conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment will be accurate, reliable, free of viruses or other harmful code, complete, legal or safe.If applicable law requires any warranties with respect to the site all such warranties are limited in duration to ninety (90) days from the date of first use.HNC Revolution disclaims any and all responsibility or liability in relation to the content made available through the services, including the customer content or any content provided by third parties.HNC Revolution does not control or vet customer content and it is not responsible for what users post, transmit or share on or through the services.HNC Revolution is not responsible or liable in any manner for any third party services associated with or of any such third party services or supported platforms.
9. INDEMNIFICATION CLAUSEYou hereby acknowledge and agree to indemnify and hold HNC Revolution harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your use of services, your violation of this agreement, your violation of applicable laws or regulations, any third party services.HNC Revolution reserves the right, at your expense, to assume the exclusive defense of these claims. You agree not to settle any matter without the prior written consent of HNC Revolution.HNC Revolution will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. LIMITATION ON LIABILITYTo the maximum extent permitted by the applicable law, in no event will HNC Revolution, its affiliates or their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenues, profits or other business or financial benefits) arising out of or, in connection with the services, any performance or non - performance of the services or any other product, service or any other item provided by or on behalf of HNC Revolution and its affiliates, whether under contract, statute, strict liability or other theory even if HNC Revolution has been advised of the possibility of such damages.Notwithstanding the foregoing, in no event will the liability of HNC Revolution, its affiliates and their respective shareholders, members, directors, officers, employees etc. arising out of or in connection with the services, any performance or non – performance of the services or any other product, service or other item provided by or on behalf of HNC Revolution or its affiliates whether under contract, statute, strict liability or other theory, exceed the amount of the fees or charges paid by you to HNC Revolution under this agreement in the twelve (12) month period immediately preceding the event giving rise to the claim for liability.
11. NON LIABILITY DISCLAIMERBy agreeing to this agreement, you hereby acknowledge that trading in cryptocurrencies involves a high risk. Cryptocurrencies are subject to constant and frequent fluctuations in value and exchange rates and further the value of cryptocurrency asset may increase or decrease at any time.Accordingly, you may suffer a complete loss of the funds invested in the same. By giving consent to this agreement, you acknowledge that you are solely responsible for determining the nature, suitability and appropriateness of the trading risks for you.HNC Revolution shall not be responsible for any losses or gains incurred in connection of your use of its services and products. You also acknowledge and agree that HNC Revolution does not solicit any advice or recommendations regarding the trading of cryptocurrencies, including the suitability and appropriateness of any investment strategies for such trading in cryptocurrencies.You further acknowledge and agree that HNC Revolution and your ability to use its services and products may be detrimentally impacted by any regulatory actions or changes in regulations with respect to cryptocurrency.You agree that we may disclose your personal account information if we believe or have any reason for the same that it is necessary to comply with any existing or future law, regulation or for any legal process or any governmental request.You further acknowledge that HNC Revolution is not a financial institution, bank, credit union, trust, hedge fund, broker or investment or financial advisor and it is not subject to the same laws, regulations, directives or requirements applicable to such persons.You also acknowledge that no oral or written information or advice provided by HNC Revolution, its officers, directors, employees or agents, nor any information obtained through the services will or shall constitute an investment or financial advice. You shall be solely and exclusively responsible for any and all trading decisions carried out by you using our services.You also acknowledge that HNC Revolution is merely a technological platform and you are solely and exclusively responsible for the legal, regulatory and tax compliance.
12. DISPUTE RESOLUTION MECHANISMThe agreement requires that arbitration can be used as the method of dispute resolution on an individual basis rather than Court Trials or Class Actions and also limit the remedies available to the user in case of a dispute arises. It also provides that you are giving an unconditional class action waiver to HNC Revolution.WAIVER OF JURY TRIALYou hereby acknowledge and agree that you waive your rights to go to a court of law and have a trial in front of the same. Instead you agree that all claims shall be settled by way of arbitration under this arbitration clause. WAIVER OF CLASS ACTION SUITAll claims and disputes within the scope of this agreement must be arbitrated or litigated on an individual basis and not on a class basis and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.You agree to first give us an opportunity to resolve any claims made by you by contacting us on our website/mobile or desktop application. If we are unable to resolve any claims made by you within 90 days of receiving the notice, you may seek relief through arbitration proceeding as discussed above.You further acknowledge and agree that all aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential.You agree to maintain the confidentiality unless otherwise required by law. This clause shall not prevent HNC Revolution from submitting to a court of law any such information which might be necessary in order to enforce this agreement, to enforce an arbitration award or to seek any injunctive or equitable relief.If any part of this agreement becomes invalid or unenforceable by a court of competent jurisdiction, then such specific part/parts shall cease to be in effect and shall be severed and the remainder of the agreement shall continue in full force and effect.This arbitration clause will survive the termination of your relationship with HNC Revolution.EXCEPTIONS TO ARBITRATION CLAUSENotwithstanding the foregoing, any claims of defamation, infringement or misappropriation of the other party’s patent, copyright, trademark or trade secret shall not be subject to this arbitration clause.
13. APPLICABLE LAWThe laws of Estonia will govern the Terms & Conditions and any dispute that arises between you and HNC Revolution.
14. NON LIABILITY IN CASE OF FORCE MAJEUREYOU HEREBY ACKNOWLEDGE AND AGREE TO THE CONDITION THAT HNC Revolution IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY DELAY OR FAILURE TO PERFORM UNDERTAKINGS UNDER THIS AGREEMENT WHEN THE CAUSE OF DELAY OR FAILURE IS DUE TO FIRES, STRIKES, PANDEMICS, FLOODS, POWER OUTAGE OR FAILURES, ANY OTHER ACT OF GOD OR THE STATES’ ENEMIES, WAR, ANY LAWFUL ACT OF AN PUBLIC AUTHORITY, ANY AND ALL MARKET MOVEMENTS, SHIFTS OR VOLATILITY, ANY TECHNICAL MALFUNCTIONS, SECURITY BREACH OR, IN CASE OF A CYBER ATTACK OR ANY OTHER DELAYS, DEFAULTS, FAILURES OR INTERRUPTIONS THAT CANNOT BE REASONABLY FORESEEN OR PROVIDED AGAINST.YOU AGREE THAT IN CASE OF SUCH FORCE MAJEURE, HNC Revolution SHALL BE EXEMPTED AND EXCUSED FROM ANY AND ALL PERFORMANCE RELATED OBLIGATIONS UNDER THIS AGREEMENT FULLY AND CONCLUSIVELY.
15. CONSENT FOR ELECTRONIC COMMUNICATIONYou hereby give your consent to receive communication from HNC Revolution in an electronic form and agree that all terms and conditions, agreements, notices, disclosures and other communications that HNC Revolution provides to you electronically satisfy all the legal requirements that such communications would satisfy if it were in a hardcopy writing.