Terms of Service
Last updated January 2025
KINDLY READ THE BELOW REFERRED TERMS AND CONDITIONS. AS A USER, BY USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND CONDITIONS.
Scope of Terms and Conditions
This scope of our Terms and Conditions offers you an overview of the key terms that apply to your use of Haqqex Services. Haqqex (
https://www.Haqqex.com/) is an information
intermediary service Platform (hereinafter referred to as the
“Platform”) that
provides users with Virtual asset trading and related services. The Platform provides
Services to users registered with the Platform (hereinafter referred to as the
“users”) in accordance with the terms and conditions of this Agreement (defined
below). It is also to be noted that these Terms and Conditions apply to the Haqqex mobile
application and all features embedded therein.
These Terms are a legally binding agreement between users of the Platform (referred to as
“you”,
“your” or the
“User”) and Haqqex (also referred to as
“we”,
“us”, or
“our”), represented by SPC Reserves LTD.
Haqqex urges Users to carefully read and fully understand the terms and conditions of this Agreement, especially those terms that exclude or limit the liability of Haqqex and exclude or restrict the rights and interests of the Users. If the User doesn't agree with all the terms and conditions of this Agreement, they cannot use the Platform's services. If the User disagrees with the content of this Agreement or doesn't accept the Platform's right to change this Agreement on its own at any time, they should stop using the Platform immediately. If the User continues to use the Platform services, it is deemed that the User accepts the amendment(s) made by the Platform to this Agreement and the User will adhere to the terms and conditions of this Agreement as amended.
In order to protect your rights and interests, you should fully understand all the terms and conditions of this Agreement before you voluntarily register to use the Platform services. Upon your registration with the Platform or use of the Platform, it shall be deemed that you fully understand and fully accept all the terms and conditions of this Agreement, including any amendments that the Platform may make to this Agreement at any time.
I. Relevant Definitions
In this Agreement, the following terms and expressions shall have the meanings ascribed to them below, unless any term or condition herein requires otherwise:
- Agreement: consists of this Service Agreement, the Privacy Policy, Rules against Money Laundering and Terrorism Financing, as well as any other rules, statements and guidelines inter alia that have been or may be released or published on the Platform.
- Asset: includes any Virtual Assets, Ecosystem Coins and Halal Tokens.
- Fiat Currency: refers to a form of currency which is government-issued currency, carries legal tender and is not backed by a physical commodity.
- Force Majeure: includes maintenance of information network equipment, failure of access to information networks, failures of computer, communication or other systems, power failures, weather, accidents, industrial actions, labor disputes, riots, insurrections, disturbances, inadequacy in productivity or means of production, fires, floods, storms, explosions, wars or other factors on the part of cooperation partners, collapse of the Virtual asset market, government actions, judicial or administrative orders, and other circumstances that are beyond the control of the Platform.
- Haqqex Account: means a registered user account accessible via the Platform.
- Intellectual Property Rights: means that the Platform is the only right holder of the Platform. No one is allowed to use, modify, copy, publicly disseminate, change, distribute, release or publicly publish the Platform program or content without due authorization (written consent) of the Platform.
- Restricted Location: includes the United States (including US territories, such as Puerto Rico, Guam, the Northern Mariana Islands, American Samoa, and etc.), Singapore, the mainland of China and Hong Kong, Thailand, Malaysia, Ontario Canada (the list of “Restricted Locations” may be updated from time to time at the Platform’s sole and absolute discretion).
- Virtual Asset: includes tron, ether, cosmos, bitcoin and any other Virtual Assets that may be traded via the Platform. This does not include non-fungible tokens (NFT’s).
II. Key Provisions
1. About These Terms and Conditions
A. Contractual Relationship
These Terms and Conditions constitute a legal agreement and create a binding contract between you and Haqqex.
B. Supplementary terms
Due to the regular developments in the Virtual assets sector, these Terms and Conditions between you and Haqqex does not cover or enumerate all rights and obligations of each party.
Therefore, THE Haqqex PRIVACY POLICY, AND ALL OTHER AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND Haqqex ARE DEEMED SUPPLEMENTARY TERMS THAT ARE AN INTEGRAL PART OF THESE TERMS AND SHALL HAVE THE SAME LEGAL EFFECT AND MUST BE READ TOGETHER COHESIVELY
C. Changes to These Terms and Conditions
Haqqex reserves the right to change or modify these Terms and Conditions at its discretion at any time. Haqqex will notify of such revisions by updating the applicable Terms and Conditions on its website. To this note, a user that is in continuing use of the platform is recognized to have accepted the changes by default.
If a specific user does not agree with the revisions or amendments, they must stop using the Haqqex application, as their continued use would be considered as deemed acceptance.
E. Notices
The Users agree that the Platform may deliver notices, agreements and announcements in connection with the Users' use of their accounts and services, by such electronic means as intra-Platform announcements, intra-website messages, e-mails, mobile phone short text messages, wireless communication devices, inter alia. or by such physical means as by post. Such notices, agreements and announcements shall be deemed to have been duly served on the addressees on the day when they are delivered (if they are sent to the Users by post, they shall be deemed to have been served on the third natural day after they are posted to the contact addresses of the Users retained on the Platform). If a User fails to receive any of the aforesaid notices, agreements or announcements on the date when it is deemed to have been served due to reasons not attributable to the Platform (including inaccurate or invalid e-mail address, mobile phone number, contact address, inter alia), the Platform shall not be held responsible in any manner whatsoever.
2. The Haqqex Platform
The Platform is an information intermediary service platform (website:
https://www.Haqqex.com/#; if the Platform releases a new web address in the form of an announcement, please visit the new web address). The Platform services are provided by this Company to its Users through various means, such as the Platform and clients. The specific content of the services mainly includes: release of Virtual asset trading information, Virtual asset trading services, User services and other transaction facilitation services, subject to the content of the services actually provided by the Platform.
3. Haqqex Account Registration and Requirements
A. Registering An Account
Users register as Users of the Platform on the basis of their free will. The Platform does not force, induce, deceive, or otherwise exert influence on them in an unfair manner, so that they would register with the Platform.
All Users must apply for a Haqqex Account before using the Services. When you register a Haqqex Account, you as a user must provide accurate information towards the key questions sought. Before or after a User’s registration with the Platform, the Platform shall have the right to require the User to provide more information or data in accordance with the requirements of any of the applicable laws, regulations, rules, orders and other regulatory documents of the country or region where the User is located. The User should cooperate with the Platform by and shall be responsible for, submitting the requisite information or materials and adopting reasonable measures to meet the requirements of local regulatory requirements.
Upon your clicking the “Registration” button, you or the organization you are duly authorized to represent shall be deemed as having agreed to the entire content of this Agreement, and you or the organization you represent shall be bound by this Agreement. Each User (including a natural person or a legal entity) may maintain only one main account at any given time.
After you legally, completely, and effectively provide all the necessary information for registration and such information is duly verified, the registration process is completed, upon which, you officially become a User of the Platform and can log into the Platform as a User thereof.
B. Eligibility
By registering to use a Haqqex Account, you represent and warrant that:
- as an individual or a representative of a legal entity, you are at least 18 or are of legal age or are deemed under the law of the country where they are located as natural persons having full capacities for civil rights and are capable of independently bearing civil liabilities;
- as a natural person or or a representative of a legal entity, you have full legal capacity and sufficient authorizations to enter into these Terms and Conditions;
- you have not been previously suspended or removed from using the our Platform;
- you do not have an existing Haqqex Account;
- you are not resident, located in or otherwise attempting to access the Platform and/or our services from, or otherwise acting on behalf of a person or a legal entity that is resident or located in, a Restricted Location;
- you (whether as an individual or legal entity) are not on any sanction lists of competent authority, including but not limited to the sanction lists of the Commonwealth of Dominica, the sanction lists of international laws and conventions to which the Commonwealth of Dominica is a party and other applicable sanction lists.
- if you act as an employee or agent of a legal entity, and enter into these Terms and Conditions on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity and to access and use the Platform on behalf of such legal entity; and
- your use of the Platform will not violate any and all laws and regulations applicable to you or the legal entity on whose behalf you are acting, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
Each User shall hereby make the following undertakings:
- the User registers with the Platform and uses the Platform for the purpose of legally trading the User’s own Virtual assets, and does not have any intention to use the Platform to violate any law or regulation or undermine the trading order of Virtual assets;
- the User must provide truthful, up-to-date, valid and complete information as is required by the Platform;
- the User must guarantee and undertake that the funds the User uses in trading through the Platform are from legal sources and has not been derived from any illegal activities or means;
- the User has the obligation to maintain and update the User profile and ensure that it is true, up-to-date, valid and complete;
- access to the Platform or utilization of services thereof does not breach any applicable law or regulation in the jurisdiction in which the User is residing (any laws restricting the sale, purchase, holding, or dealing with, Virtual assets).
- in addition to this Agreement, the User shall also comply with all rules issued and updated by the Platform from time to time, including announcements, product flow descriptions, Platform project descriptions, risk alerts, inter alia.
C. User Identity Verification
A User’s registration of an account with Haqqex will be deemed the User’s agreement to provide required personal information for identity verification. Such information will be used to conduct and verify Users’ identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through Haqqex, or for other lawful purposes stated by Haqqex. Unless the information submitted by a User is obviously false, wrong and incomplete, the Platform has the right to rely on the information provided by the User.
We will collect, use and share such information in accordance with our Privacy Policy. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed, in compliance with global industry standards on data storage. You also authorize us to conduct necessary investigations directly or through a third-party to verify your identity or protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity may include, but is not limited to, your name, email address, contact information, phone number, username, government-issued ID, date of birth, and other information collected during account registration.
When providing the required information, you confirm it is true and accurate. After registration, you must ensure that the information is true, complete, and timely updated when changed. If there are any grounds for believing that any of the information you provided is incorrect, false, outdated or incomplete, Haqqex reserves the right to send you a notice to demand correction, directly delete the relevant information, and, as the case may be, terminate all or part of Haqqex services we provide to you as a user.
D. Account Usage Requirements
The Haqqex Account can only be used by the account user. Moreover, Haqqex reserves the right to suspend, freeze or cancel the use of Haqqex Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify us immediately. Haqqex assumes no liability for any loss or damage arising from the use of Haqqex Account by you or any third-party with or without your authorization.
E. Account Security
Haqqex has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for Haqqex Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) with the utmost level of confidentiality, and not disclose such information to any third-party. You also agree to be solely responsible for taking the necessary security measures to protect your Haqqex Account and personal information, and for all the transactions under your Haqqex Account. Haqqex assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating a Haqqex Account, you hereby agree that you as the user will notify Haqqex immediately if you are aware of any unauthorized use of your Haqqex Account and password or any other violation of security rules;
Likewise, you also acknowledge that you will strictly abide by all mechanisms or procedures of Haqqex regarding security, authentication, trading, charging, and withdrawal.
F. Refusal of registration
The Platform shall have the right to terminate the registration of a User as such or terminate the User’s access to his/her/its account with the Platform (in its sole and absolute discretion) if the Platform finds out that the User is not suitable for high-risk investment and/or if the Platform is of the view (in its sole and absolute discretion) that the User has breached any of the terms of this Agreement.
Notwithstanding the other terms and conditions of this Agreement, the Platform has the discretion to determine whether a User can pass the Platform User authentication and whether to cancel the registration of the User who has already been authenticated. The Platform has the right to refuse to permit or cancel the registration of any User, and has no obligation to inform the User of the reason for rejecting the registration thereof. The Platform does not bear any direct or indirect losses suffered by the User due to the Platform's refusal to permit the registration of such User, and the Platform reserves the right to hold the User accountable.
III. Haqqex Services
Upon completion of the registration and identity verification for your Haqqex Account, you may use various services offered on the Platform, Haqqex has the right to:
provide, modify or terminate, in its discretion, any services; and
allow or prohibit some Users’ use of any services in accordance with relevant Haqqex Rules.
Haqqex has the exclusive authority to determine which Virtual Assets are listed on the Platform and may add or remove Virtual Assets from the Platform in its sole discretion, from time to time. If Virtual Assets that are no longer listed on the Platform remain in your Haqqex Account beyond a specified period notified to you, Haqqex may in its discretion convert such Virtual Assets into a different type of Virtual Asset that is a stablecoin. Haqqex may also change the order size available for each Virtual Asset. In respect of such additions, removals or amendments, Haqqex may, but is not obliged to, notify Users in advance. Haqqex shall notify you in advance of any conversion of delisted Virtual Assets and you shall always have the opportunity during a period of time specified by Haqqex to withdraw the delisted Virtual Assets before they are converted into a stablecoin. Haqqex shall have no liability to Users in connection with such additions, removals, conversions or amendments as described in this clause
1. Use of the Platform
A. License
Taking into consideration that you are in compliance with the express Terms and Conditions stated in this Agreement, Haqqex grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Platform through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use our services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms and Conditions. The content layout, format, function and access rights regarding our services should be stipulated in the discretion of Haqqex. Haqqex reserves all rights not expressly granted in these Terms and Conditions. Therefore, you are hereby prohibited from using Haqqex services in any way not expressly authorized by these Terms and Conditions.
B. Restriction
When you use Haqqex Services, you agree and undertake to comply with the following provisions:
During the use of Haqqex Services, all activities you carried out through the account will be in compliance with the requirements of applicable laws and regulations, these Terms and Conditions, and various guidelines of Haqqex;
Take full responsibility for all activities that occur in your registered account with the Platform
Your use of Haqqex Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using Haqqex Services;
You agree not to use the services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);
You guarantee that you will never use the Platform services for any illegal purpose or in any illegal way, and undertake to abide by the relevant laws and regulations of the country where you are located, as well as all international practices relating to the use of the Internet, and to abide by all network protocols, rules and procedures related to the Platform services.
You agree and guarantee that you will not use the Platform services to engage in any infringement of the rights and interests of any other person or for any illegal conduct, and you shall bear any and all legal liabilities if you breach such guarantee. The above-mentioned infringements and conduct include:
- accessing the Platform services in the name of any other person without being duly authorized by such person;
- engaging in any illegal transaction, such as trafficking of firearms, narcotics, forbidden drugs, pirated software or other prohibited items;
- providing gambling information or inducing in any manner any other person to engage in gambling;
- engaging in suspected money laundering, cash-out or pyramid selling activities;
- engaging in any conduct that may result in vulnerability to computer virus or may damage the Platform services system or data therein;
- using the Platform services system to engage in any activity that may adversely affect the normal operation of the Internet or mobile computer network;
- maliciously interfering with the normal proceeding of Virtual asset transaction and disrupting the order of Virtual asset trading;
- using any technical means or other means to interfere with the normal operation of the Platform or interfering with the use of Platform services by any other User;
- maliciously defaming the goodwill of the Platform by fabrication or exaggeration;
- any other conduct that is justifiably deemed by the Platform as inappropriate.
Without written consent from Haqqex, the following commercial uses of Haqqex data are prohibited:
1) Trading services that make use of Haqqex quotes or market bulletin board information.
2) Data feeding or streaming services that make use of any market data of Haqqex.
3) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from Haqqex.
Without prior written consent from Haqqex, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
The act of Users logging into the Platform or utilizing any of its services does not imply the transfer of any intellectual property rights from the Platform to Users. Users have a responsibility to uphold intellectual property rights, and if they violate any of these rights, they will be held legally accountable by the Platform. This includes compensating the Platform for any resulting damages.
C. The User’s violation
By accessing Haqqex Services, you agree that Haqqex has the right to investigate any violation of these Terms and Conditions, unilaterally determine whether you have violated these Terms and Conditions, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
- Blocking and closing order requests;
- Freezing your account;
- Reporting the incident to the authorities;
- Publishing the alleged violations and actions that have been taken;
- Deleting any information you published that are found to be violations
The Platform retains the authority to remove any User information (without notification) from the Platform that violates legal policies, contains false details, or is deemed inappropriate according to the Platform's individual assessment. In situations where a User fails to adhere to the stipulated regulations, the Platform reserves the right to initiate actions such as suspending or terminating the User's account based on its own assessment and without incurring any responsibility.
If the User violates any of their undertakings under article II.3 (B) and/or article III.1 (B):
- the Platform has the right to adopt such measures as suspending the User’s account with the Platform and refusing to allow the User to use part or all of the functions of the Platform services (including access to the User’s Virtual assets). In this case, the Platform shall not be held responsible in any manner whatsoever and the User agrees to bear any and all direct or indirect expenses or losses arising therefrom;
- if the Platform services cannot be provided or any error occurs in the provision of such services due to the User’s failure to update his/her/its profile or provide the necessary information requested by the Platform, the User may not use it as an excuse for canceling a transaction or refusing to pay, and the Platform shall not bear any responsibility whatsoever; and all consequences shall be borne exclusively by the User;
- the User shall bear any and all direct or indirect losses and adverse consequences arising from the User’s breach of any of the undertakings; any and all illicit gains that the User may gain from such breach shall be deducted, and the Platform reserves the right to hold Users accountable.
2. Fiat Services
Haqqex may partner with any Fiat Partners and that, if applicable, you will open an account with such Fiat Partners by completing the relevant registration and identity verification for such account, and by accepting any user agreements, Terms and Conditions, policies and procedures or similar documents of any Fiat Partners;
Any payments expressed in any fiat currencies and which have been made in connection with any Fiat Services may not be canceled, recalled or refunded, and that any chargeback requests in connection with any Fiat Services that involve a Fiat Partner, are subject to that Fiat Partner's policies and procedures.
3. Service fees
When Users utilize Platform services, they will incur applicable Platform service fees, as outlined by the Platform's description and fee rates at the time of service usage. The Platform retains the right to independently establish and modify these service fee rates.
In the process of using Platform services, Users might also be required to pay third-party service fees. For the specific rates of these third-party service fees, Users should consult relevant pages on Third-party Websites or refer to the Platform's notifications and fee schedules. Users consent to independently paying these service fees to third parties, either directly or through the Platform or a third-party designated by the Platform, based on the aforementioned rates.
4. Services Interruption
Users acknowledge that due to the unique nature of the Internet, the Platform cannot guarantee uninterrupted services, timeliness, or security. If events occur that disrupt the system and subsequently impact Users' ability to use Platform services, the Platform holds no responsibility towards Users or any third-party. Such events include but are not limited to:
- Scheduled maintenance causing temporary shutdown of the Platform system.
- Errors or failures in telecommunication equipment that hinder data transmission.
- Interruptions or delays in Platform services caused by factors like hacker attacks, technical adjustments, network service provider failures, or website upgrades.
- The Platform system becomes inoperable due to force majeure events.
The Platform does not provide any assurance or guarantee regarding the authenticity, accuracy, correctness, reliability, quality, stability, integrity, and timeliness of the technologies and information utilized in the services provided by the Platform.
5. Trading
1. TRADING PROCESS ON Haqqex
1.1 Users on Haqqex may engage in the buying or selling of digital assets by initiating transactions on the platform. These transactions are executed through the submission of instructions called "Orders," where one digital asset can be exchanged for another.
1.2 Users on Haqqex can choose from various order types to suit their trading preferences.
These include:
Market Orders: Executed at the current market price for immediate fulfillment.
Limit Orders: Allow users to specify a desired price, and the order is executed when the market reaches that price or better.
Stop-Limit Orders: Combine market and limit orders, triggering a limit order when the market reaches a specified stop price.
1.3 Users are responsible for verifying all transaction details before confirming and submitting an Order. It is crucial for users to ensure the accuracy and validity of their Orders. Haqqex holds no liability for any consequences arising from inaccurate or invalid information provided by users when placing Orders.
1.4 To place an Order on Haqqex, users must have sufficient assets in their account to cover the value of the Order as well as any associated fees. If the account balance does not contain adequate assets to fulfill an Order, the user will not be able to proceed with the transaction on the platform.
1.5 Upon placing an Order, the relevant amount of the asset involved, along with any applicable fees, is temporarily reserved or put on hold in the user's account. This reserve remains until the Order is either executed, expires, or is canceled. Any portion of an Order that remains unfulfilled will continue to be on hold until the specified conditions are met.
1.6 Users have the option to withdraw or cancel an Order after its submission, provided the Order has not yet been executed. During this pending period, the digital assets involved in the Order are not reflected in the user's account balance and are, therefore, unavailable for further trading.
1.7 Haqqex will send a confirmation notification to the user through email, a notice within the platform, or any other agreed-upon means of communication, each time a user places or cancels an Order.
6. Promotions
Users acknowledge and consent to the Platform's authority to display diverse commercial advertisements or other types of commercial information in various manners while delivering Platform services. This encompasses placing advertisements on any page of the Platform website. Additionally, Users agree to receive commercial promotions or other pertinent commercial information that the Platform communicates via email or alternative methods.
Please be aware that all official announcements, news and promotions will be listed on Haqqex website:
https://www.Haqqex.com/#.
IV. Liabilities
1. Disclaimer of Warranties
To the maximum extent permitted under applicable law, Haqqex, the Platform and any product, service or other item provided by or on behalf of Haqqex are offered on an “as is” and “as available” basis, and Haqqex expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, Haqqex does not represent or warrant that the website, Haqqex services or the Platform are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Haqqex does not guarantee that any order will be executed, accepted, recorded or remain open. Except for the express statements, agreements and rules set forth in these Terms and Conditions, you hereby acknowledge and agree that you have not relied upon any other statement or agreement, whether written or oral, with respect to your use and access of the Platform. Without limiting the foregoing, you hereby understand and agree that Haqqex will not be liable for any losses or damages arising out of or relating to: (a) any inaccuracy, defect or omission of virtual assets price data, (b) any error or delay in the transmission of such data, (c) interruption in any such data, (d) regular or unscheduled maintenance carried out by Haqqex and service interruption and change resulting from such maintenance, (e) any damages incurred by other users’ actions, omissions or violation of these Terms and Conditions, (f) any damage caused by illegal actions of other third parties or actions without authorized by Haqqex; and (g) other exemptions mentioned in disclaimers and Haqqex rules issued by Haqqex.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
2. Disclaimer of Damages and Limitation of Liability
Users understand and accept that the Platform will not be held accountable for any of the following situations:
- loss of the income of Users;
- loss in the Users’ transaction profits or contractual loss;
- losses arising from interruption, suspension or termination of services;
- losses of expected saved transaction cost;
- losses caused by information transmission problems;
- loss of investment or trading opportunities;
- loss of goodwill or reputation;
- losses caused by loss of or damage to data;
- the cost of purchasing alternative products or services;
- any indirect, special or incidental losses caused by infringement (including intentional infringement and negligence), breach of agreement, or any other reason, regardless of whether such losses are reasonably foreseeable by the Platform or not, or whether the Platform is previously informed of the possibility of such losses.
Users acknowledge and agree that in no situation is the Platform compelled or obligated to compensate Users for their entire or partial losses, which encompass (but are not limited to):
- Instances where the Platform has a reasonable belief or suspicion that Users' actions on the Platform are unlawful or unethical.
- Situations where Users inaccurately assume that losses stem from factors linked to the Platform.
- Any additional losses resulting from factors unrelated to the Platform.
Users acknowledge that the remedies available under common law for breach of agreement or potential breach might not adequately compensate the non-breaching party for all or a portion of the incurred losses. Hence, Users consent to the Platform's entitlement to pursue injunctive remedies and any other remedies sanctioned by common law or equity if the other party to this Agreement breaches or is suspected of breaching this Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Haqqex, ITS AFFILIATES AND 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, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF Haqqex SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF Haqqex SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF Haqqex AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF Haqqex HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF Haqqex’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF Haqqex, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF Haqqex AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF Haqqex SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO Haqqex UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
3. Indemnification
You agree to indemnify and hold harmless Haqqex, its affiliates, contractors, licensors, and respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, Haqqex Services, (ii) your breach or our enforcement of these Terms and Conditions, or (iii) your violation of any applicable law, regulation, or rights of any third-party during your use of our services. Haqqex will have the right, in its sole discretion, to control any action or proceeding and to determine whether Haqqex wishes to settle, and if so, on what terms.
4. Third party liability
In all situations, the responsibility for services offered by any third-party involved in Users' utilization of Platform services rests with that third-party, and the Platform is not accountable for such obligations.
V. Risk warnings
Trading Virtual assets involves substantial risk and may not be a suitable investment choice for the majority of individuals. Users are aware and comprehend that they could potentially lose some or all of their investment while participating in Virtual asset trading. Consequently, Users should thoroughly evaluate their financial status and various risks before deciding to invest in or trade Virtual assets, based on their capacity to tolerate losses. If a User has any uncertainties about such investments or transactions, it is advisable for the User to consult professional advisors before proceeding with any transactions or investments.
Users acknowledge and agree that Virtual asset trading and carrying out transactions via the Platform are inherently associated with a range of unforeseeable risks, and the risks outlined in this section are not an exhaustive list. Users acknowledge they should base their transaction on their own independent judgment and assume full responsibility for their own judgment. Users are accountable for any and all losses stemming from their decisions, and the Platform bears no responsibility for Users' investment or trading choices. The Platform holds no obligation to assume responsibility for these risks, which encompass:
- Earnings-related Risks: Digital assets lack issuance by financial institutions or established platforms. The digital asset market is novel and unverified, with uncertain prospects for generating actual earnings.
- Trading Risks: Digital assets are primarily used for speculation, rather than mainstream retail or commercial purposes. Their continuous trading without trading limits leads to substantial price fluctuations driven by traders and/or global governmental policies.
- Macroeconomic Risks: Users could incur losses due to abnormal price fluctuations stemming from changes in the broader macroeconomic landscape.
- Policy Risks: Changes in relevant laws, regulations, policies, and rules could lead to unusual price swings and other effects, potentially resulting in User losses.
- Default Risks: Users could face losses if the project owner is incapable or unwilling to execute or sustain their project as intended.
- User-related Faults: All losses resulting from Users' actions, including poor decision-making, improper operations, password mishandling, password decryption by others, unauthorized access to Users' computer systems, and malicious or improper actions by third parties acting as Users' agents, fall under the responsibility of the Users themselves.
The Platform refrains from offering any guarantee or condition to Users or transactions, whether explicitly, implicitly, or as required by law. The Platform is not equipped to exert control over the information disclosed by Users or project owners. Certification and authentication services for such information are not provided by the Platform. Users undertake to make their own research and make personal informed decisions about trading or investing via the Platform. The Platform cannot fully ensure the authenticity, adequacy, dependability, accuracy, integrity, and validity of all content found on the Platform, and therefore holds no legal obligations stemming from such content. The Platform does not provide any explicit or implicit assurances concerning the digital asset market, its value, or prices. Users acknowledge their awareness of the instability inherent in the digital asset market. Any loss or liability caused by factors attributable to a User shall be borne by such User exclusively and the Platform shall not be held liable in any manner whatsoever.
VI. Termination of Agreement
1. Suspension of Haqqex Accounts
You agree that Haqqex shall have the right to immediately suspend your Haqqex Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the Virtual Assets or funds in all such accounts, and suspend your access to the Platform for any reason including if Haqqex suspects any such accounts to be in violation of these Terms and Conditions or any applicable laws and regulations. You agree that Haqqex shall not be liable to you for any permanent or temporary modification of your Haqqex Account, or suspension or termination of your access to all or any portion of the Platform’s services. Haqqex shall reserve the right to keep and use the transaction data or other information related to such Haqqex Accounts. The above account controls may also be applied in cases, when a Haqqex Account is subject to a governmental proceeding, criminal investigation or other pending litigation, or in the event that Haqqex detects unusual activities on a Haqqex User Account;
2. Cancellation of Haqqex Account
The user can close his registered Haqqex Account at their own request at any time in accordance with the provisions of this Agreement. Upon the user’s decision to cease their Account, the User is required to settle any pending dues (which may encompass service fees, among other things). Subsequently, the User must withdraw any accessible digital assets (if applicable) from the User account that meet the criteria for withdrawal. Termination of this Agreement will be effective on the date when the Platform approves the User's application for account cancellation.
3. Remaining Funds After Haqqex Account Termination
Except as set forth in the case of due to financial malpractice or financial fraud, once a Haqqex Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to Haqqex) will be payable immediately to Haqqex. Upon payment of all outstanding charges to Haqqex (if any), Users will have one week (7) business days to withdraw all Virtual Assets or funds from the account.
4. Remaining Funds After Haqqex Account Termination Due to Fraud, Violation of Law, or Violation of These Terms and Conditions
Haqqex maintains full custody of the Virtual Assets, funds and User data/information which may be turned over to governmental authorities in the event of Haqqex Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms and Conditions.
5. Non-Functional or Dormant Accounts
Notwithstanding any provision of this clause VI, Haqqex may provide a written notice requiring you to close all of your open positions and withdraw all of your Virtual Assets from your Haqqex Account within 30 days of the notice. In the event that you fail to do so, Haqqex may in its absolute discretion and without prior notice to you:
(a) deem your Haqqex account as a dormant account;
(b) close any open positions in any Haqqex products;
(c) convert the Virtual Assets to a different type of Virtual Asset (e.g., from BTC to USDT). For the avoidance of doubt, none of the shall be liable for any loss of profit, tax obligations or any other loss, damage or expense incurred by you resulting from such conversion;
(d) transfer such dormant account (including any Virtual Assets contained therein) to an affiliate of Haqqex, any third-party custodian or an isolated wallet where it is deemed reasonably necessary by Haqqex to do so. In the event that such transfer has taken place, you have the right to retrieve your Virtual Assets from subject to satisfying Haqqex’s verification requirements, including completing KYC;
(e) charge a dormant account fee to cover the cost of maintaining the assets by Haqqex, its affiliates or any third-party and such fee shall be withdrawn directly from the dormant account on a monthly basis; and
(f) close a dormant account at any time, and Haqqex will not be liable for any loss, damage or expense incurred by you as a result of the closure of a dormant account unless there was fraud or willful default by Haqqex. Any assets in these dormant accounts will be transferred in accordance to paragraph 5(d) above. After a dormant account is closed, it cannot be reactivated by you (i.e. You will need to register a new Haqqex account if you wish to continue to use Haqqex Services).
6. Haqqex Account succession
In the event of a User's death or legal declaration of death, all the rights and responsibilities outlined in this Agreement will be assumed by their lawful successor. If a User loses all or a portion of their legal capacity for civil rights or actions, the Platform or its authorized representative is entitled to manage the funds associated with the User's account based on valid legal documents (such as court judgments) or instructions from the appointed legal guardian. Should the successor or legal guardian opt to continue adhering to this Agreement, its validity will persist. Alternatively, if the successor or legal guardian chooses otherwise, they should request account cancellation from the Platform.
7. The Platform possesses the authority to conclude all Platform services in line with this Agreement.
The termination of this Agreement will coincide with the cessation of all Platform services. The conclusion of this Agreement does not invalidate the right of the non-breaching party to seek compensation from the breaching party for breaches that occurred prior to the termination. It also does not impede the fulfillment of obligations that arise after the contract's conclusion under this Agreement.
VII. No Financial Advice
Haqqex does not engage in financial brokerage/advisory nor does it act as an intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities affected by you using our Services. No communication or information provided to you by Haqqex is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice.
The advice or information obtained by Users from the Platform and staff thereof or through Platform services, whether written or oral, do not constitute any guarantee for Platform services.
The Platform does not assume any responsibility for the investment or trading of Virtual assets on the Platform. The Platform cannot and does not have the obligation to ensure the success of the Users’ investment. The losses arising from the Users’ investment or transaction of Virtual assets shall be borne by the Users exclusively, and the Platform may not be held liable for such loss in any manner whatsoever.
VIII. Compliance with Local Laws
It is Users’ responsibility to abide by local laws in relation to the legal usage of Haqqex Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws, all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. All users of Haqqex services acknowledge and declare that their funds come from legitimate sources and do not originate from illegal activities; users agree that Haqqex will require them to provide or otherwise collect the necessary information and materials as per relevant laws or government orders to verify the legality of the sources and use of their funds. Haqqex maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.
IX. Privacy Policy
Access to the Platform will require the submission of certain personally identifiable information. Please review Haqqex’s Privacy Policy at our website for a summary of Haqqex’s guidelines regarding the collection and use of personally identifiable information.
X. Third-party Websites
Any links to third-party websites from Haqqex Services does not imply endorsement by Haqqex of any product, service, information or disclaimer presented therein, nor does Haqqex guarantee the accuracy of the information contained on them. The Platform cannot guarantee, and has no obligation to guarantee the authenticity and validity of any information on the third-party Websites. Users acknowledge that their use of third-party websites is in alignment with the terms and Conditions specific to these third-party websites, rather than this Agreement. If you suffer a loss from using such third-party products and services, Haqqex will not be liable for such loss. In addition, since Haqqex has no control over the Terms and Conditions or privacy policies of third-party websites, you should read and understand those policies carefully.
XI. Governing Law and Dispute Resolution
By entering into this Agreement, the User acknowledges that all interactions between the User and the Platform occur within the Commonwealth of Dominica, regardless of the User's physical location during Platform usage or engagement. This implies that the User agrees to be governed exclusively by the laws of the Commonwealth of Dominica, regardless of the User's physical presence in any other country. Consequently, any potential recourse sought against the Platform must adhere to the laws of the Commonwealth of Dominica. Nonetheless, the User commits to complying with all pertinent laws and regulations that apply to their utilization of the Platform in any jurisdiction they may find themselves in. It's important to note that the Platform's services are not extended beyond the borders of the Commonwealth of Dominica. However, eligibility to utilize the Platform's services isn't contingent upon being a resident of Dominica. Foreign Users are responsible for abiding by the laws of their respective country of residence or the country from which they access the Platform. The Platform assumes no liability for any breaches of local laws by Users. In instances where a jurisdiction enforces laws governing Virtual asset trading, the Platform does not offer its services to foreign Users if such provision would contravene any law or necessitate filing, registration, or approval from any competent authority.
This Agreement is established in accordance with the laws of the Commonwealth of Dominica, and its formation, interpretation, content, and execution are bound by the applicable laws and regulations of the Commonwealth of Dominica. Any claims or lawsuits arising from or relating to this Agreement will be interpreted and enforced based on the laws of the Commonwealth of Dominica.
Unless otherwise agreed by other rules under this Agreement, both parties agree that any claims or lawsuits arising from or related to this Agreement shall be submitted to the Singapore International Arbitration Commission for arbitration.
XII. Miscellaneous
- This Agreement is jointly signed by the Users and the Platform and is applicable to all activities of the Users on the Platform. The content of this Agreement includes the terms and conditions of the main body of the Agreement and various rules that have been issued or may be issued in the future. All the terms, conditions, and rules are an integral part of this Agreement and shall have the same legal effect as the main body of this Agreement.
- These Terms and Conditions constitute the entire agreement between the parties regarding use of Haqqex Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the Terms and Conditions herein.
- The rights and obligations agreed on in this Agreement shall also be binding on the transferees, heirs, executors and administrators of all parties hereto that have obtained benefits from the rights and obligations through transfer or assignment of such rights and obligations. The Users may not transfer their rights or obligations under this Agreement to any third-party without the consent of the Platform, but the Platform may transfer its rights and obligations under this Agreement to any third-party at any time, with a notice to the Users thirty (30) days prior to the transfer.
- Haqqex is an independent contractor but not an agent of you in the performance of these Terms and Conditions. These Terms and Conditions shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
- Haqqex reserves the right to alter, revise, modify, and/or change these Terms and Conditions at any time. All changes will take effect immediately upon being published on Haqqex websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms and Conditions. If you do not agree to any such modifications, your only remedy is to terminate your usage of Haqqex Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms and Conditions, Haqqex will not be responsible for any modification or termination of Haqqex Services by you or any third-party, or suspension or termination of your access to Haqqex Services.
- These Terms and Conditions may, at Haqqex’s sole and absolute discretion, be translated into a language other than the English language. You agree that any such translation shall only be for your convenience and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.
- Haqqex will not be liable for any delay or failure to perform as required by these Terms and Conditions because of Force Majeure.
- If any portion of these Terms and Conditions is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms and Conditions, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
- The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms and Conditions or any provision of applicable Terms and Conditions shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
- This Agreement shall enter into force when the Users obtain their account with this Website, and shall be binding on the Users and this Platform.
- The ultimate power to interpret this Agreement shall be vested in this Platform.