These terms and conditions govern the relationship between HAQQ network and the end user of the HAQQ Network platform. The terms and conditions within this document cover topics and areas of law that are tangential and directly related to the services being provided though the HAQQ network.
By accessing, using, or attempting to use HAQQ Network’s Services, either directly, indirectly or impliedly in any capacity, you acknowledge that you accept and agree to be bound by these Terms.
Please read the terms carefully as they govern your use of the HAQQ platforms services. These terms contain provisions that are central to your relationship with the haqq network platform and wallet, as an end user.
- These terms and conditions (“Terms and Conditions”) apply to the contractual relationship between the HAQQ platform customers (“Customer(s)”, “user” or “you”) and the HAQQ platform (“HAQQ” or “us”) with respect to custodial ISLM wallets (“Crypto Wallets”) which are operated and custodied by a third party provider ____ (“____”) and are accessible via the HAQQ Mobile App. The HAQQ Mobile App shall hereinafter be referred to as the “HAQQ Mobile App”.
- The business relationship between the Customer and HAQQ is subject to HAQQ’s general terms and conditions (“HAQQ’s General T&Cs”). These Terms and Conditions supplement HAQQ’s General T&Cs. Except as expressly modified by these Terms and Conditions, HAQQ’s General T&Cs remain in full force and effect.
- The Crypto Wallets are subject to a separate contractual relationship between the Customer and the third-party custody provider (Insert Name) which is governed by Third Party’s Conditions for Crypto Custody Services (the “Third Party’s T&Cs”).
- HAQQ Network does not give tax, investment, legal, or other professional advice by allowing you to use the Services, or any ancillary investment related advice. Prior to engaging in any transaction or investment activity, you should consult a qualified professional. You acknowledge that (a) you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for you; (b) you are familiar with the operation of Digital Assets and have the experience required to use the Services; and (c) you are responsible for determining whether using the Services is legal in your jurisdiction and you shall not use any of the Services if such use is illegal.
- Additionally, the entity you contract with in connection with your use of certain Services will vary as follows: (The information we would ideally need to fill in the below table would concern the products HAQQ is looking to provide in the below mentioned jurisdictions, with respect to tax, shariah and other related compliance headers. This point has also been clarified in clause 10.4.)
(This section is for understanding and informing clients of your product offering in each jurisdiction in line with the applicable laws and regulations. However, if this is deemed to not be required at this stage of the business, then we can remove the table.)
- HAQQ offers the Customer the possibility of opening and administering a Crypto Wallet for the storage of primarily ISLM coin and other Ethereum blockchain supported virtual coins via the HAQQ App. The Customer can order deposit, withdrawal, and transfer transactions with respect to cryptocurrency in the Crypto Wallets via the HAQQ Apps. HAQQ forwards these transaction orders to the third party custodian. The third party custodian is responsible to the Customer as its sole contractual partner for the Crypto Wallets and the related services in accordance with the Third Party Custodian’s T&Cs.
- The HAQQ network platform is only capable of supporting certain Digital Assets, as designated by us. You may not attempt to store any Digital Assets in your Wallet which we do not support.
- HAQQ reserves the right to change or cancel the offered services or supplement them with additional services. In particular, HAQQ reserves the right to cease supporting Crypto Wallets. When changing or cancelling offered services, HAQQ will consider the Customer’s legitimate interests while taking other relevant factors into account.
Use of Services – Accessibility
- HAQQ network grants the user a revocable, limited, nonexclusive, non-transferable license to access and use the Services. Your access and use of the Services is conditioned on your compliance with this Agreement.
- HAQQ network, as part of its onboarding process would subject all applicants to an onboarding KYC test, in order to verify the details and credentials of every applicant intending to be a user of the platforms services.
KYC Onboarding and User Obligations
- The user by registering to use a HAQQ network wallet account, represent and warrants that: (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) The user has not been previously suspended or removed from using either HAQQ network or other reputable crypto wallet providers for legitimate reasons; (iv) The user is not resident, located in or otherwise attempting to access the HAQQ network Platform or its services from, or otherwise acting on behalf of a person or legal entity that is resident or located in, a Restricted Location. For the purposes hereof, “Restricted Location” shall include **_**, ____,____.
- If the user is either or acts on behalf of an employee or agent of a legal entity, and enters into these Terms on their behalf, they represent and warrant that you have all the necessary rights and authorizations to bind such legal entity and to access and use the HAQQ network platform and its services on behalf of such legal entity.
- The user agrees that its use of either HAQQ network or its services 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.
- The services of the HAQQ Wallet and the wider HAQQ network will not be available for users in the United States and its other territories. Likewise, the services of the HAQQ Wallet are intended for primary use in the UAE, however, the user must be aware that there are legal requirements in various countries which may restrict the products and services that HAQQ network and its ancillaries can lawfully provide. Accordingly, some products and services and certain functionality within the HAQQ Platform may not be available or may be restricted in certain jurisdictions or regions or to certain users.
- The user shall be responsible for informing itself about and observing any restrictions and/or requirements imposed with respect to the access to and use of the HAQQ platform in each country from which the HAQQ platform and its services are accessed by you or on your behalf. HAQQ platform reserves the right to change, modify or impose additional restrictions with respect to the access to and use of the HAQQ platform and its services from time to time at their discretion at any time without prior notification.
- The HAQQ user account can only be used by the account user, i.e. whose credentials appear in the onboarding scheme of the said account.. To this note, HAQQ network reserves the right to suspend, freeze or cancel the use of HAQQ 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 HAQQ Platform immediately. HAQQ platform assumes no liability for any loss or damage arising from the use of HAQQ Network Account by you or any third party with or without your authorization.
- HAQQ network shall maintain full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of HAQQ network accounts being suspended or facing closure as a result of financial crime assessments, fraudulent investigations, investigations of violation of law or violation of these Terms.
- In the event of a HAQQ Network wallet account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to HAQQ) shall be payable immediately to HAQQ network. Upon payment of all outstanding charges to HAQQ network, the users shall be able to claim their account balances, provided they have no dues to HAQQ.
- Provided that the HAQQ Network platform user agrees and complies with the present Terms, HAQQ Network shall grant them a non-exclusive, non-sublicensable and non-transferable license to use the HAQQ Wallet for their personal use only. Except as otherwise expressly permitted in these Terms, the user shall not: (a) reproduce, modify, adapt or create derivative works of any part of HAQQ Wallet; (b) rent, lease, distribute, sell, sublicense, transfer, or provide access to HAQQ Wallet; (c) use HAQQ Wallet for the benefit of any third party;
- The user also agrees not to incorporate HAQQ Wallet into a product or service they provide to a third party without HAQQ platforms prior written consent. The user must also not circumvent mechanisms in HAQQ Wallet intended to limit your use nor reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, including images and texts, underlying ideas, algorithms, file formats or non-public APIs to HAQQ Wallet, except to the extent expressly permitted by applicable law (and then only upon advance notice to us); (g) remove or obscure any proprietary or other notices contained in HAQQ Wallet (h) use HAQQ Wallet for competitive analysis.
Representations and Warranties
- The user by way of agreeing to these terms of and conditions agrees that all its representations and warranties made in relation to this agreement are both accurate and verifiable. The user also accepts and acknowledges that HAQQ network to remove the platform from liability caused as a result of the errors and omissions by the user.
- HAQQ Network shall not be liable for any damages caused in whole or in part by (a) the malfunction, unexpected function or unintended function of any computer or cryptocurrency network, including without limitation losses associated with viruses, network forks, replay attacks, double-spend attacks, sybil attacks, 51% attacks, governance disputes, mining difficulty, changes in cryptography or consensus rules, hacking (Kindly clarify on HAQQ’s position on hacking, and if it is insured against it) or cybersecurity breaches; (b) the change in value of any cryptocurrency; (c) any change in law, regulation or policy, or (d) force majeure event (including but not limited to (I) acts of god, nature, court or government; (ii) failure or interruption in public or private telecommunication networks, communication channels or information systems; (iii) acts or omissions of acts of a party for whom HAQQ network would not be responsible; (iv) delay, failure, or interruption in, or unavailability of, third party services and sites; (v) strikes, lock-outs, labour disputes, wars, terrorist acts and riots; and (vi) viruses, malwares, other malicious computer codes or the hacking of HAQQ Network’s systems).
- The HAQQ Network wallet is provided as marketed and without any warranty of any kind. To the maximum extent permitted by law, HAQQ Network disclaims all representations and warranties, express or implied, relating to the services and underlying software or any aspect of the information, content, or the services, whether provided or owned by us, or by any third party or contained in any third party materials or on any third party websites accessible or linked to our website or the services, including without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and any implied warranties arising from course of dealing, course of performance, or usage in trade, all of which are expressly disclaimed. In addition, we do not represent or warrant that the content accessible via the services is accurate, complete, available, current, free of viruses or other harmful components, or that the results of using the services will meet your requirements.
- The user acknowledges and agrees that HAQQ network would have no control over, and no duty to take any action regarding: (i) failures, disruptions, errors, or delays in the processing of Digital Assets that you may experience while using the Services; (ii) the risk of failure of hardware, software, and Internet connections; (iii) the risk of malicious software being introduced or found in the software underlying HAQQ Wallet; (iv) the risk that third parties may obtain unauthorized access to information stored within your wallet, including, but not limited to your wallet access details; and (v) the risk of unknown vulnerabilities in or unanticipated changes to the applicable blockchain networks.
- The user releases the HAQQ platform from all liability related to any losses, damages, or claims arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped Digital Asset addresses; (b) server failure or data loss; (c) unauthorized access to the HAQQ Wallet application; (d) bugs or other errors in the HAQQ Wallet software; and (e) any unauthorized third party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other forms of cyber security vulnerabilities.
- The HAQQ platform makes no representations concerning any Third Party Content contained in or accessed through our Services. Any other terms, conditions, warranties, or representations associated with such content, are solely between you and such organizations and/or individuals.
- Any prospective variation to these Terms and Conditions will be communicated to the Customer via the HAQQ Apps no later than two months prior to the proposed time of their entry into effect and/or made accessible to the Customer at the email address that the Customer has provided.
- The Customer is enabled to store or print changes in their legible form. The changes communicated to the Customer in accordance with clause number 4.1 are considered to have been approved unless the Customer has objected to the changed Terms and Conditions in writing on time in the sense of the next paragraph. HAQQ will separately notify the Customer of this automatic approval when providing notification of the changes.
- If the Customer does not wish to agree to an offered change, they must lodge an objection in writing within six weeks after the change has been communicated to them by email. If the Customer does not lodge an objection within the indicated time limit, the changes are considered to have been accepted by the Customer.
Limitation Period for Raising Claims
- The user agrees that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arises, otherwise, your claim is permanently barred.
- If individual provisions of the contract between HAQQ and the Customer should be or become legally invalid, the remaining provisions shall remain binding. The invalid parts are to be replaced by the corresponding statutory provisions to the extent that these exist.
- Independent Party Clause: HAQQ Network functions as an independent contractor and not as an agent of the user in their reliance of the aforementioned terms.
- Interpretation and Revision: HAQQ network reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on HAQQ Networks platforms. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of HAQQ Networks Services and cancel your account.
- Assignment: The user may not assign or transfer any right to use the HAQQ network platform or any of the users rights and obligations in relation to the concerned account, unless HAQQ Network provides an explicit consent in written form, including any right or obligation related to the enforcement of laws or the change of control. HAQQ Network may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
- Third-Party Website Disclaimer. Any links to third-party websites from HAQQ Networks platforms does not imply an endorsement by HAQQ Network of any related/non-related product, service, information or disclaimer presented therein, nor does HAQQ network guarantee the accuracy of the information contained on them. In the event the user suffers a loss as a result of reliance on the third-party product and service, HAQQ Network will not be liable for such loss.
- HAQQ Network shall not be held liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond HAQQ networks reasonable control. Likewise, HAQQ Network shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any acts of God, acts of civil or military authorities, acts of terrorism, civil or industrial disturbances, blockages, embargoes, war, strikes or other labor disputes, fire, earthquakes, storms or other nature-related events, interruption in electrical telecommunications or Internet services or network provider services, failure of hardware equipment and/or software or other utility failures, smart contract bugs or weaknesses, technological changes, changes in interest rates or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol, other catastrophe, or any other occurrences which are beyond our reasonable control, and shall not affect the validity and enforceability of any remaining provisions.
Termination and Service Discontinuation
- HAQQ network if it deems necessary, in its sole discretion and without cost to you, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
- The end user shall be solely responsible for storing access credentials as a backup, which includes any wallet address and private key pair that you maintain in your wallet. Maintaining an external backup of any wallet address and private key pairs associated with your wallet will allow the user to access the HAQQ platform blockchain network upon which your wallet is secured. Such a backup will allow you to fully restore your wallet at any time without cost or loss of your Digital Assets. If you do not maintain a backup of your wallet data outside of the Services, you will not be able to access the Digital Assets associated with your wallet. HAQQ Network shall not be held responsible or liable for any loss of Digital Assets in the event that we discontinue all or any part of the Services.
- HAQQ network’s failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
- In the event that a user account is terminated, the account and transactional information that meet data retention standards will be securely stored for a period of __ years (Dependent on applicable Data Production Law). In addition, if a transaction is unfinished during the account termination process, HAQQ network shall have the right to notify your counterparty of the situation at that time. The user also acknowledges that a user initiated termination (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
- In the event of HAQQ network being made aware of any Digital Assets or funds that are held within the wallet, are as a result of being misappropriated or otherwise are not lawfully possessed by you, HAQQ may, but has no obligation to, place an administrative hold on the affected funds and the users HAQQ Wallet Account.
Applicable Law and Legal Jurisdiction
- Any dispute between you and the HAQQ network arising out of or relating to our products, services, this Agreement, or our relationship as created by this Agreement (whether arising out of contract, tort, statute, or any other manner) shall be settled and resolved only through arbitration. The seat of arbitration shall be chosen at HAQQ network’s discretion.
Entire Agreement Clause
- This document containing the terms and conditions of application use sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of the Terms) and every nature between us. Except as provided for above, any modification to these Terms must be in writing and must be signed by both parties.
NOTE: This T&C document is being drafted based on the information provided, which as per our assessment has been brief and limited in comparison to the nature and magnitude of the concept. It is also to be noted that this document has not considered the legality of providing services to jurisdictions outside the UAE.