Neither We make or give nor Our officers, directors, shareholders, employees, contractors and affiliates have any authority to make or give any kind of statement, representations or advice, expressed or implied, including investment, financial, trading, or any other sort of advice, and Client should not treat any of Service’s content as such, and should not rely upon this content in Client’s financial, trading, investment, business or other decisions.
Neither We recommend nor Our officers, directors, shareholders, employees, contractors and affiliates have any authority to recommend that any cryptocurrency or fiat currency, any kind of securities, options, should be bought, sold, or held by Client, and nothing on Service’s content should be taken as advice to buy, sell or hold a cryptocurrency or any other financial instrument.
Neither We make or give nor Our officers, directors, shareholders, employees, contractors and affiliates have any authority to make or give any kind of statement of fact or law Client can rely on. Any information We provide Client with is subject to Client’s own further check, inquiry and proper due diligence.
As with any financial or investment decisions, Client should conduct Client’s own research and due diligence, to properly evaluate the benefits and risks of any investment or financial transaction. Client should also seek the advice and guidance of qualified accountants, financial advisors, tax advisors, legal counsels and investment advisors, in connection with any investment or financial transaction.
The information We provide Client with is given without any responsibility from Our side and We do not assume any responsibility for any information, statement, representation or advice. We are not responsible for any decisions Client make based on the information provided on Service.
No special relationship and any kind of advice, no representations
No offering to buy a cryptocurrency or any financial instrument
Neither We make or give nor Our officers, directors, shareholders, employees, contractors and affiliates have any authority to propose that Client buy any cryptocurrency or fiat currency, any kind of securities, options or other financial instrument, and nothing on Service’s content should be taken as an offer to buy, sell or hold a cryptocurrency or any other financial instrument.
In no event shall Alsaqr Payment Services Provider, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any damages, including, without limitation, loss of profits, data, business, failure to use Service, customer’s misunderstanding of Service or any other loss, arising out of or connected to Service (including negligence), including, but not limited to:
(I) Client’s access to or use of or inability to access or use Service;
(II) any Third-Party conduct or content on Service;
(III) any content obtained from Service;
(IV) transmission or reception of harmful, infringing or unlawful information of whatever nature;
(V) any viruses or other harmful components contained on Service or spreading through it;
(VI) any statement or representations of fact or of law (both innocent and regardless, true or false);
(VII) lawfulness of Client’s use Service;
(VIII) modification, suspension or discontinuance of Service or any its part;
(IX) any transactions made by Client or any Third Party, their legality, consequences, loss, damage and value of currencies;
(X) unauthorised access, use or alteration of Client’s transmissions or content, whether based on statute, case-law, contractual terms, conditions or warranties (both expressed and implied), tort (including negligence) or any other legal theory, whether or not We have been informed of the possibility of such damage.
We disclaim and negate any responsibility for any representation or misrepresentation (including negligent), based on statute or case-law.
This Contract excludes any liability of Alsaqr Payment Services Provider, its directors, employees, partners, agents, suppliers, or affiliates to the fullest extent permitted by applicable law, including any obligation to take reasonable care or exercise reasonable skill in the performance of a contract where the obligation arises from statute or case-law, or from an expressed or implied term of Contract.
Under no circumstances We shall be responsible for any act or omission, including negligence, unless such act or omissions and their consequences could have been foreseen and avoided by the exercise of reasonable due diligence on Our part.
In the event, which would be held not to be covered by any of the exclusion clauses, including negligence or breach of Contract, including breach of conditions and so-called “fundamental breach”, Our liability is limited to the sum not exceeding AED100 for appropriately proven damage which is claimed within twelve-month period since the event.
We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond Our reasonable control, including but not limited to any acts of God, state, government or international authorities or bodies as well as Third Parties, labour disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility or equipment failures, software or smart contract bugs or weaknesses, earthquakes, storms, or other nature-related events, blockages, embargoes, riots, strikes, acts or orders of government authority, acts of terrorism or war as well as other military activity, technological change, changes in interest rates or virtual currencies or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol.
To the maximum extent permitted by law, Client agree to release, indemnify, defend and hold harmless Alsaqr Payment Services Provider and its respective agents, employees, directors, successors, its independent contractors, service providers and consultants, and anyone acting on Our behalf, and assign from any loss, liability, claim, demand, damage costs and expenses (including, but not limited to, reasonable attorneys’ fees) asserted by any entity, resulting from any claim, allegation or demand, in any way connected with Client’s use (or misuse) of Service, transactions made (or not made) through Service, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement, or any other cause of action, arising out of or related to:
(I) Client’s use of Service;
(II) any User Content or Feedback Client provide;
(III) Client’s violation of this Contract;
(IV) Client’s violation of any rights of another; or
(V) Client’s conduct in connection with Service.
If Client are obligated to indemnify us, We will have the right, in Our sole and unfettered discretion, to control any action or proceeding and determine whether We wish to settle it, and if so, on what terms.
Security of Our Claims against Client
All Client’s funds (money, etc.) and/or Client’s rights of claim on repayment of such funds against Us, that are or will be held in Client’s Accounts, shall serve as financial collateral guarantie for the fulfilment of Client’s or closely related to the Client Client’s (“Closely Related Client”) obligations according to Contract, and shall be pledged as the Financial Pledge. Financial Pledge shall secure all Client’s or Closely Related Client’s obligations according to Contract, including future obligations. We are not liable for losses caused in connection to Financial Pledge unless inflicted with wrongful intent on Our side.
We are entitled to satisfy all claims against Client by enforcing the Financial Pledge even before the date of performance of obligations and without any prior notice in the following cases:
(I) Client or Closely Related Client, or the person acting as a surety in respect to Client’s obligations, defaults on Their obligations according to Contract;
(II) Client, Closely Related Client or the person acting as a surety in respect to Client’s obligations has applied for a legal proceeding;
(III) insolvency proceedings of Client or the person acting as a surety for the performance of obligations of Client have been initiated in accordance with the procedure specified in law, a statutory instrument or an administrative act;
(IV) reorganisation or liquidation process of Client or the person acting as a surety for the performance of obligations of Client have been initiated;
(VI) restrictions are set on Client’s – or acting as a surety in respect of Client’s obligations person’s – rights and activities, rendering financial, management and/or insurance services, including complete or partial suspension of the rendering of financial services, appointment of the authorised person of supervisory authority, or license cancellation.
Intellectual Property Rights
Service is licensed to Client on a limited, revocable, personal, non-exclusive, non-transferrable, non-assignable, royalty-free, worldwide basis.
Client access and use Service solely for approved purposes as determined by this Contract. Any other use of Service is expressly prohibited.
The materials contained in Service are protected by applicable copyright and trademark law.
Client may not copy, reverse engineer, modify, frame, scrape, rent, lease, loan, sell, distribute or create derivative works of Service’s content, in whole or in part, in any way or by any means, whether manual or automated.
Client may not use any name, mark, logo or domain name that is confusingly similar to Our marks, logos and Internet domain names. Client must refrain from any action or omission that may dilute or damage Our goodwill.
We may, without liability to Client or any Third Party, refuse to let Client open an Account, suspend Client’s Account, or terminate Client’s Account or Client’s use of Service. Such actions may be taken as a result of Account inactivity, failure to provide or update identifying information, if We believe Client’s Account has been compromised, or in order to comply with laws or regulations, or Client’s violation of the terms of Contract.
We are entitled to close Client’s Account unilaterally without prior notice if Client does not utilise Account for transactions for more than six (6) months.
Client may terminate Contract with Us at any time on the basis provided by law by closing Client’s Account and discontinuing use of Service or request to terminate Client’s Account by contacting Us via [email protected]
Upon termination, suspension or cancellation on the basis of the previous clauses, Client will be denied access to Service and Client’s Account temporary or permanently.
Termination of Contract shall not entail termination of non-discharged obligations established before termination. All non-discharged obligations of the Parties established before terminating of Contract shall be discharged in accordance with the terms of Contract. Client remains liable for all transactions made while the Account was active as well as other non-discharged obligations established before termination.
If Client’s Account is closed on Our initiative or Client fails to supply Us with instructions on transfer / outpayment of the account balance, the account balance shall be kept, no interest shall be accrued on it, and the account balance shall be paid out upon Client’s request pursuant to the respective application. We are entitled to withhold charge for keeping the account balance after Account closure in accordance with Fees and Charges. Before paying the balance out, We are entitled to perform Client’s identification.
Availability, Errors and Inaccuracies, Updates and modification
Service could include technical, typographical, or photographic errors.
It is up to Client to check all information which We provide.
Service may evolve over time. This means We may make changes, replace, or discontinue (temporarily or permanently) Service at any time for any reason with or without notice. In this case, Client may be prevented from accessing or using Service. If, in Our sole discretion, We decide to permanently discontinue Service, We will provide Client with notice via Our website.
Due to the wide variety of operating systems, configurations, and unique circumstances of users it is not possible to guarantee that an update to Service will not cause unintended consequences for Client and We specifically disclaim any responsibility or liability for this risk.
Please be aware that We may revise Contract from time to time. Therefore, We reserve the right, at Our sole discretion, to update, change or replace any part of this Contract by posting updates and changes. Client might be notified about the updates of Contract, but it is Client’s responsibility to check periodically for changes.
We shall not be responsible for Client’s losses or other expenses, should Client fail to familiarise itself with amendments to Contract.
We advise Client to revisit Agreement and the Terms pages as well as Fees and Charges page on Our website hawex.com
from time to time to make sure Client are familiar with the current version of Contract. The effective date which is at the top of the document informs Client about the latest versions. Client’s continuing use of Service following the posting of any changes to Contract constitutes acceptance of those changes.
Whether Client disagree to the amendments, it shall be entitled to terminate its business relations with Us that are affected by the proposed amendments immediately, before the day on which amendments become effective, without sanctions applied. Should the relations be terminated, Client shall submit all required documents to Us and take all required steps to discharge the obligations arising out of the legal relations between the Parties.
Amendments to Contract shall not apply to the transactions that have been executed and completed before the date on which amendments to Contract enter into effect.
In the event that We are acquired by or merged with a Third-Party entity, We reserve the right, in any of these circumstances, to transfer or assign the information We have collected from Client as part of such merger, acquisition, sale, or other change of control.
Governing Law, Jurisdiction, Disputes Resolution
Regardless Client’s place of residence or where Client accesses or use Service, this Contract is governed by the laws of the United Arab Emirates.
In accordance with art. 5(2) of the Law No. (16) of 2011 of Emirate Dubai, the Parties expressly agreed, that the Court of First Instance of the Dubai International Financial Centre has exclusive and sole jurisdiction over any dispute, claim or controversy relating to Product or with respect to any matter relating to this Contract. You hereby expressly consent to personal jurisdiction in the United Arab Emirates and expressly waive any right to object to such personal jurisdiction or bring any proceeding before any other court of any other jurisdiction.
Any dispute, claim or controversy (“Claim”) relating to Service or with respect to any matter relating to this Contract shall be resolved by the Parties through negotiations.
Notwithstanding the foregoing, We may lodge Claim against Client pursuant to the indemnity clause above in any court adjudicating Claim against us.
Our failure to enforce any right or provision of Contract will not be considered a waiver of those rights. If any provision of Contract is held to be invalid or unenforceable by a court, the remaining provisions of Contract remain in effect.
Governing Language and Translation. Interpretation