Legal documents

Public offering

Updated - 2024.10.14

TERMS OF SERVICE

Using Non-Custodial Wallet application (hereinafter, “Service”) You (hereinafter, “Client”, “You” and “Your”) are accepting the Terms of Service, and, therefore, agreeing to be bound by terms, conditions and warranties of these Terms as well as all applicable laws and regulations, and agree that You are responsible for compliance with any applicable international, domestic or local laws.

CLIENT SHOULD CAREFULLY READ THESE TERMS BEFORE STARTING USE OF SERVICE. HOWEVER, BY USING OR ACCESSING THE SERVICES IN ANY MANNER, YOU ACCEPT AND AGREE TO THESE TERMS AND THEY ARE BINDING FOR YOU WHETHER YOU ACTUALLY READ THEM OR NOT.

GENERAL PROVISIONS

Credex Multipay UAB, incorporated in the Republic of Lithuania, having registered office at Eišiškių Sodų 18-oji g. 11, LT-02194, Vilnius (“We”, “Us” and “Our”) provides HAWEX Mobile, Web and Desktop Non-Custodial Wallet software program and its related services (“Service”) to individuals, corporate persons, personal companies and their analogues (“Client”) or those who have applied to Service themselves. We and Client hereinafter are jointly referred to as the Parties, and separately as the Party.

Entire Terms. These Terms of Service (these "Terms") (i) contain the terms and conditions that govern Your access to and use of the Services and (ii) constitute a legally binding agreement between Us and Client.

These Terms regarding to Service supersede, replace and terminate any prior, contemporaneous or further negotiations, representations, agreements and statements We might have between Us and Client regarding to Service, both oral and written, as well as any implied statutory or case-law or custom terms, conditions and warranties. Any other notices or documents do not constitute Terms and do not alter the present Terms unless this intention clearly and expressly specified.

Hereby We disclaim and negate all other terms, conditions and warranties of any kind, whether expressed or implied (both statutory, case-law or custom), including, but not limited to terms, conditions or warranties of merchantability, fitness for a particular purpose, or course of performance, or non-infringement of intellectual property or other violation of rights. 

Acceptance of Terms. By signing up, and creating Client’s Account as described below, Client accepts Our Terms, as well as all applicable laws and regulations, and agree that Client are responsible for compliance with applicable international, domestic or local laws.

Since this moment the Terms is accepted and Client is the party of Terms.

If Client does not agree with any of the terms, Client is prohibited from using or accessing Service. These provisions are non-negotiable and Client can accept them solely on the whole. Any partial acceptance of Our Terms is unacceptable and not to be considered.   

It is Client’s responsibility to accept or deny these Terms.

Severability. If any provision of Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of Terms shall continue to remain in full force and effect.

Waivers. Failure on Our part to demand performance of any provision of these Terms shall not constitute a waiver of any of Our rights under these Terms.

Relationship. These Terms does not create any agency, partnership, employment or fiduciary relationship between Client and Us.

Assignment. Client may not assign or transfer Client’s rights and obligations under Terms without Our prior written consent. Any attempt or actual transfer by Client of his rights and obligations without Our prior written consent, shall be null and void.

SERVICE

Service is a non-custodial wallet that is a software program that You may, in accordance with these Terms, install on Your device(s) or use as a desktop version. It allows You to interact with Your cryptocurrencies, tokens and digital assets, as well as exchange, sell and buy cryptocurrencies, tokens and digital assets, negotiate and deal with other users.

You are solely in control of and responsible for Your cryptocurrencies, tokens and digital assets and private keys, and accordingly You can authorize transactions from Your wallet address. You expressly acknowledge and agree that as Service is a non-custodial wallet software, You are solely responsible for your activity and any risk of loss at all times.

Service is owned and operated by Credex Multipay UAB, incorporated in the Republic of Lithuania, having registered office at Eišiškių Sodų 18-oji g. 11, LT-02194, Vilnius.

We provide Client with possibility of integration and cross functionality with other products of HAWEX trademark. For utilising each product, Client should conclude a separate contract, accepting the Terms.

RISK WARNING

Trading and investing in digital assets involve substantial risk of losses and is not suitable for all types of investors. Please make sure that You are investing mindfully after understanding the nature, complexity and risks inherent in the trading of digital assets. You should not purchase digital assets unless You understand the extent of Your exposure to potential loss. Please make sure You are not risking funds You cannot afford to lose. In no event We be liable for any loss or damage of any kind incurred as a result of using the Service.

Using Service, You have access to the software designed, but You are also responsible for what You do with it.

You are responsible for preserving the device used to access Service and for non-disclosing Your identification information, Account credentials to Third Parties. To receive Service in a compliant and safe manner, You undertake the responsibilities under these Terms.

If You suppose that Account has been compromised, discover any suspicious activity in Account or have lost the device used to access Service, immediately let Us know via e-mail: [email protected]. 

Wallet Address, Private Key, and Backup Capabilities. An encrypted backup of certain information associated with Your wallet can be stored on eligible devices. The private key is associated with the wallet address and, together, they can be used to authorize the transfer of digital assets to and from that wallet address. You are solely responsible for the retention and security of Your private key associated with Your wallet. You must keep Your wallet address and private key access information secure. It is very important that You backup Your private keys or passwords. Failure to do so may result in the loss of control of digital assets associated with Your wallet. You acknowledge and agree that We do not receive or store Your wallet password, encrypted private key, unencrypted private key associated with Your wallet. We cannot generate a new password for Your wallet if You fail to remember Your original password. If You have not safely stored a backup of any wallet address and private key pairs maintained in Your wallet, You accept and acknowledge that any digital assets You have associated with such wallet address will become inaccessible. Accordingly, We shall have no responsibility or liability whatsoever in the event You are unable to access Your wallet for any reason including without limitation Your failure to keep Your wallet address and private key information secure.

Account and wallet security. Notwithstanding the foregoing, You acknowledge and agree that You shall assume all risks related to the use of the Services and You shall be solely responsible for maintaining the confidentiality and security of your private key. When You create a wallet, You are strongly advised to take precautions in order to avoid loss of access to and/or control over Your wallet. Suggested measures include, but are not limited to, the following:

(i) creating a strong unique password that You do not use for any other purpose (i.e. different to Your phone password or any other passwords you use for websites, online services, etc.) and leveraging biometric authentication if available;

(ii) do not store the private key and Secret Phrase in plain text online or in an unsecured physical location;

(iii) limiting access to Your devices and Your wallet; (d) taking all necessary precautions against malware on Your devices and networks; and

(iv) promptly notifying Us if You discover or otherwise suspect any security breaches related to Your wallet.

Notwithstanding anything to the contrary herein, We shall have no liability whatsoever in connection with activities that occur on Your wallet with or without Your authorization.

CREATING AN ACCOUNT

Client must create Client’s personal account (“Account”) to create a wallet in order to access and use Services. Service features are activated and available only to users who have successfully completed the sign-on process. When you create a wallet, you will be assigned a private key.

In terms of offering non-custodial wallet, We do not conduct a Know Your Customer (KYC) operation and do not identify the Customer and its representatives and beneficiaries. When creating an Account, the Client agrees to provide Us with the Client's phone number.

Please be advised that We do not collect or process your personal data, except as provided for in Our Privacy Policy.

You are responsible for all activities that occur under Your Account, or are otherwise referable to Your Account credentials, whether or not You know about them, and You are solely responsible for Your conduct, and the tasks and activities You undertake, on or utilizing the Services.

Creating Client’s Account, Client agrees to:

(i) provide accurate, current and complete information;

(ii) maintain and promptly update Client’s Account information;

(iii) maintain the security and confidentiality of Client’s login credentials and restrict access to Client’s Account and Client’s device;

(iv) promptly notify Us if Client discovers or otherwise suspect any security breaches related to Service;

(v) take responsibility for all activities that occur under Client’s Account and accept all risks of unauthorised access and/or loss of access to the wallet due to the loss of private keys and passwords from Your wallet.

ELIGIBILITY AND LAWFULNESS

Service is designed for lawful use only.

Client’s use of Service is only permitted if Client abides the laws of the jurisdiction where Client resides and those of the Republic of Lithuania (where We are registered).

By accessing or using Service, Client agrees to do so in compliance with the Terms and with applicable laws and regulations. Client further represents and warrants that Client will not use Service if the laws of the Republic of Lithuania and the country where Client resides prohibit Client from doing so.

Creating Client’s Account, Client confirms that:

(i) Client has full legal capacity and ability to act in order to perform Terms;

(ii) Client has all rights, permissions, licenses and authorisations in order to perform Terms. If You are entering into these Terms for an entity, such as the company You work for, You represent and warrant that You have legal authority to bind that entity to these Terms;

(iii) Transactions and all their consequences are binding upon Client and do not cause infringements of the laws of the Republic of Lithuania or the laws of the place of performance of Terms;

(iv) all information supplied by Client to Us is true and not misleading. All documents and notices supplied by Client to Us are true and valid. Client shall update the information if the submitted information is not accurate anymore. Client shall bear any losses that occur due to submission of invalid data. Client has been informed of criminal responsibility for supplying Us with false information;

(v) Client has not offered, promised or given something or any preference to any Our employee, directly or indirectly, for the latter to act or abstain from any action in infringement of his duties;

(vi) Client is not engaged in money laundering, that is, concealing or disguising the criminal origin of funds or other estate obtained as a result of an illegal act, or in terrorism financing, and Client is only transacting on Service with legally-obtained funds that rightfully and lawfully belong to Client;

(vii) Client does not cooperate with any prohibited for cooperation country or territory included in financial sanctions regime, and does not cooperate with any jurisdiction or territory sanctioned or considered prohibited for cooperation by the United Nations Authorities or any other governmental authority with jurisdiction over Us or Service;

(viii) Client is not sanctioned including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States by the United Nations Authorities or any other governmental authority with jurisdiction over Us or Service;

(ix) Client may not use Service if Client is a citizen or resident of any state, country, territory or other jurisdiction where Client’s use of Service would be illegal or otherwise violate any applicable law;

Client further represents that Client will not use Service to conduct any transaction with or on behalf of any person or entity listed in clauses from (vii) to (ix) above or otherwise in violation of applicable law. We may cease to provide Service to Client for any reason, and with no notice, if it determines that Client have violated any of the above representations. Client understands and consents that We may be legally required to detain, to deny Client’s access to, and to report to one or more governmental authorities in the event of certain sanctions imposing these obligations.

Client agrees to notify Us immediately in writing if Client’s status under any of the above provisions changes.

By using the Services, You further represent, warrant and covenant that:

(i) Any digital assets you transfer via the Services have been legally obtained by, and belong to, You;

(ii) You will not use the Services to transmit or exchange digital assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion;

(iii) Any digital assets You use in connection with the Services are either owned by You or You are validly authorized to carry out actions using such assets;

PROHIBITED USE

Using Service, Client must refrain from:

(i) Breaching the provisions of Terms or any other applicable rules and instructions that We may convey with respect to Service;

(ii) Interfering with, burdening or disrupting the functionality of Service;

(iii) Breaching the security of Service or publicly identifying any security vulnerabilities in it;

(iv) Circumventing or manipulating the operation or functionality of Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in Service;

(v) Sending automated or machine-generated queries;

(vi) Impersonating any person or entity, or making any false statement pertaining to Client’s identity or affiliation with any person or entity;

(vii) Collecting, harvesting, obtaining or processing personal information regarding to Service’s users, without their prior explicit consent;

(viii) Abusing, harassing, threatening or intimidating other users of Service;

(ix) Linking to Service from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination or other prohibited or harmful content;

(x) Engaging in any activity that constitutes a criminal offense or gives rise to civil liability;

(xi) Transferring Client’s Account to another person;

(xii) Violating any applicable law. This includes any local, provincial, state, federal, national, or international laws that may apply to You;

(xiii) Not use our Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, illegal or otherwise prohibited trade, illegal gambling, fraud, money laundering, or terrorist activities;

(xiv) Not encourage or induce any third party to engage in any of the activities prohibited under this Section;

(xv) Not reverse engineer or bypass, circumvent, or attempt to bypass or circumvent any measures that We may use to prevent or restrict access to the Services including, without limitation, other accounts, computer systems, or networks connected to the Services;

Client is solely responsible for the content for which the Client uses the Service and for the consequences associated with doing so.

Any use of the Service other than as specifically authorized in these Terms, without Our prior written permission, is strictly prohibited and We shall have the right to terminate Your access to use the Service immediately without notice.

TAXES AND OTHER LOCAL REGULATIONS

It is Client’s responsibility to comply with local laws in respect to the legal usage of Service and the regulatory qualification of digital assets in Client’s jurisdiction, including compliance with local tax regulations.

Client is responsible for determining what taxes apply, for tax payment and for interacting with the appropriate tax authority.

We are not responsible for determining Client’s tax obligations and for the consequences of non-fulfilment of such obligations by the Client.

DIGITAL ASSETS, CRYPTOCURRENCIES, AND TOKENS

Not every digital asset can be accessed through Service as only a subset of cryptocurrencies and tokens are available within the Service. The selection of cryptocurrencies and tokens accessible through Service is subject to change at any time and We do not guarantee that any particular digital asset will continue to be available. Similarly, Third-Party Service information or other features of Service may be changed at any time at Our discretion according to usage, Service vision, or changes in the global blockchain industry.

We cannot and do not guarantee the value of cryptocurrency. Client acknowledges and agree that the value of cryptocurrency is highly volatile and that buying, selling, and holding cryptocurrency involves a high risk.

We are not a party to Client’s transactions, and are not responsible for them, so Client must carefully verify Client’s operations.

CHARGES, COMMISSIONS AND OTHER PAYMENTS

We are entitled to charge commissions and other Charges (“Charges”) for processing Client’s transactions.

The amount and requirements of these Charges are specified in the Fees and Charges (“Fees and Charges”).   

We are entitled to unilaterally amend the Fees and Charges. We inform Clients of amendments to the Fees and Charges by means of publication at the website hawex.com or in the mobile application. The Client must independently check such amendments on the above-mentioned website. Additionally, We may inform each Client individually.

Whether Client disagrees to the amendments, Client is entitled to terminate Terms, without sanctions applied. At the same time, We have the right to charge commissions and other Charges that were valid at the time of termination of the Terms and that were not charged by Us earlier.

Whether Client fails to submit objections before the day on which amendments to the Fees and Charges come into force, Client shall be deemed to agree to those amendments.

The general currency exchange rates and reference interest rates (the rates We use to calculate the interest applicable to the transaction, which Client can check on publicly available sources) set by Us are not included in the Fees and Charges and shall be stated at the moment of rendering the respective service. Client consents that the general currency exchange rates and reference interest rates set by Us may be changed at any time without prior notification, considering currency exchange rate and reference interest rate fluctuations in financial markets.

Client agrees that the general currency exchange rate published at the website hawex.com may differ from the currency exchange rate applicable to a particular transaction, and We are entitled to inform Client about actual rate after execution of the transaction by means of account statement / report.

We are entitled to cease rendering Service without any notice if Client has not paid appropriate fee or charge. In such a case We are not responsible for Client’s losses or other additional expenses. We are entitled to continue rendering Service at Our own discretion and acquiring the corresponding rights to claim appropriate sums.

CONFIDENTIALITY OF TRANSMISSIONS OVER THE INTERNET

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not completely secure, and is subject to possible loss, interception, or alteration while in transit. Accordingly, while We take commercially reasonable efforts to safeguard the privacy of the information Client provide to Us and treat such information in accordance with Our Privacy Policy. In no event will the information be deemed as confidential, create any fiduciary obligations to You on Our part, or result in any liability to You on Our part in the event that such information is inadvertently released by Us or accessed by third parties without Our consent.

THIRD-PARTY SERVICE PROVIDER RISKS & DISCLAIMER

Service may be used to interact with Third-Party Services.

Third-Party Services that Client interacts with through Service may require an account to use and Client may be required to become a party to an agreement with that Third Party for which Client is solely responsible. We are not a party to the purchase, sale or trade of any digital assets that are affected through Third-Party service providers, or any transactions involving fiat currency, and do not act as a seller or supplier. Any agreement that Client enter with any Third Party to purchase, sell or trade digital assets, or to send fiat currency, is between Client and that Third Party, and Client are solely responsible for ensuring that Client agree to applicable terms, and that the Third Party complies with all applicable laws that may apply to Client. Such agreements are not enforceable against Us, and do not bind Us or limit Our rights under these Terms or applicable law.

We are not responsible for the legal terms (e.g., “terms of use agreement”), privacy policies, or the practices and/or transactions of and involving the payment processor or the transaction service providers, or the compliance of these providers with legal requirements (in Client’s jurisdiction or elsewhere).

External links, brand names, and logos in Service are not endorsements. Even where Service may include language about “recommendations” these should be understood as being based on aggregate user behavior and not a specific recommendation for Client.

We have not reviewed these sites or links and are not responsible for the contents of any such linked site. Use of any such linked website is at the user’s own risk.

We strongly advise Client to read the terms and conditions and privacy policies of any Third-Party websites or services that Client visits.

We reserve the right to terminate or suspend access to these Third-Party Services immediately, without prior notice or liability, for any reason whatsoever.

We may use some Third-Party, including open source, solutions, provide Third-Party libraries to Client as part of Service’s solution but shall not be considered to be the owner or licensor of the Third-Party libraries. Please refer to the services and respect the relevant Third-Party licenses.

APPLICATION MARKETPLACE

Client’s use of Service may be subject to additional Third-Party terms and conditions that govern that application marketplace from which Client downloaded the App, such as App Store or iTunes for IOS, Google Play or Amazon App-store for Android. Such Third Parties are not responsible for providing maintenance and support services with respect to Service.

In case of a conflict between Our Terms and the particular marketplace’s terms and conditions, the last will prevail.

Client must comply with applicable Third-Party terms of agreement when using Service.

NO WARRANTY

Representations. Service is provided on an “as is” and “as available” basis without any warranty or representation expressed or implied.

Neither We make or give nor Our officers, directors, shareholders, employees, contractors and affiliates have any authority to make or give any warranties or representations, expressed or implied, including that use of Service will always be safe, secure, or error-free, or that it will function without disruptions, delays, bugs, or imperfections, as well as any statements regarding capacity, suitability for use or performance of Service, or the content presented on, or through Service, whether or not made by Us.

Specifically, Client should be careful not to assume that a price of a digital asset in Service, or of a fiat currency, is the only possible price or even a “basic” price as the actual pricing may differ in Client’s local market or may be out-of-date for Client’s use case.

It is Client’s own responsibility to check any information or materials provided via Service, it does not usually require any special knowledge or skills.

Security and lawfulness of Service and its content.

We are unable to exercise control over the security and lawfulness of information passing over the network.

Service is only offered to Client if Client resides in jurisdiction where it may be lawfully offered and Client agree to be solely and fully responsible for determining whether the use of Service is compatible with laws of the jurisdiction where Client reside. The legality and compatibility with the applicable law of Client’s use of Service as well as particular way and extend of its use is at Client’s own risk.

Accuracy of Service’s content.

We are constantly updating Services and services which may be offered under HAWEX trademark. Services or services represented on Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information.

Service integrates many Third-Party data sources in an effort to provide relevant data to users but this data is typically beyond Our control. We do not have any liability to Client for incorrect data and Client should verify any data Client receives through Service before acting on it.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

We do not make or give and neither Our officers, directors, shareholders, employees, contractors and affiliates have any authority to make or give any kind of representations concerning the accuracy, likely results, or reliability of the use of any materials or otherwise relating to such materials or on any sites linked to this Service.

To the fullest extent permitted by applicable law, We and Our officers, directors, shareholders, employees, contractors and affiliates disclaim all warranties and representations, whether expressed or implied (both by statute and case-law), including implied warranties of merchantability, fitness for purposes or for particular purpose, title, quality, compatibility, performance, security, accuracy and non-infringement as well as enhanced goodwill or expected benefits, including, but not limited to:

(i) Service will function uninterrupted, secure or available at any particular time or location;

(ii) any errors or defects will be corrected;

(iii) Service will be compatible with Client’s computer, device or software;

(iv) the use of Service, including, without limitation, the browsing and downloading of any information, will be free of any viruses or other destructive, intrusive, or disruptive, or harmful components;

(v) the transmission of the information to and from Service will be secure;

(vi) the use of Service will not infringe the rights (including, without limitation, intellectual property rights) of any person;

(vii) the use of Service will not cause any damage to Client’s computer systems, software or electronic files;

(viii) the content presented on Service will be accurate, beneficial or reliable;

(ix) Service will meet Client’s requirements or expectations in any way, or the result of using Service will be satisfactory and will fit Client’s expectations or requirements.

NO SPECIAL RELATIONSHIP AND ANY KIND OF ADVICE, NO REPRESENTATIONS

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 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.

LIMITATION OF LIABILITY

In no event shall Credex Multipay UAB, nor its officers, directors, shareholders, employees, contractors, 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.

These Terms excludes any liability of Credex Multipay UAB, its officers, directors, shareholders, employees, contractors, 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 provisions of Terms.

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 Terms, including breach of conditions and so-called “fundamental breach”, Our liability is limited to the sum not exceeding EUR 100 (One hundred) for appropriately proven damage which is claimed within twelve-month period since the event.

FORCE MAJEURE

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, labor 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.

INDEMNIFICATION

To the maximum extent permitted by law, Client agree to release, indemnify, defend and hold harmless Credex Multipay UAB and its respective officers, agents, employees, directors, shareholders, 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 these Terms;

(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.

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 these Terms. 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, donate 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.

TERMINATION OF TERMS

In case of violation of laws or regulations by the Client, or violation of the Terms by the Client, We may, without liability to the Client or any Third Party, refuse the Client to open an Account or use the Service by the Client.

Client may terminate Terms 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 e-mail: [email protected].

Upon 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 Terms shall not entail termination of non-discharged obligations established before termination. All non-discharged obligations of the Parties established before terminating of Terms shall be discharged in accordance with the terms of Terms. Client remains liable for all transactions made while the Account was active as well as other non-discharged obligations established before termination.

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.

CHANGES TO TERMS

Please be aware that We may revise Terms from time to time. Therefore, We reserve the right, at Our sole discretion, to update, change or replace any part of these Terms by posting updates and changes. Client might be notified about the updates of Terms, 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 Terms.

We advise Client to revisit 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 Terms. 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 Terms constitutes acceptance of those changes.

Whether Client disagrees 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 Terms shall not apply to the transactions that have been executed and completed before the date on which amendments to Terms enter into effect.

CHANGE OF CONTROL

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 uses Service, these Terms is governed by the laws of the Republic of Lithuania.

The competent courts of the Republic of Lithuania in Vilnius have exclusive and sole jurisdiction over any dispute, claim or controversy relating to Service or with respect to any matter relating to these Terms. You hereby expressly consent to personal jurisdiction in the Republic of Lithuania 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 these Terms 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 Terms will not be considered a waiver of those rights. If any provision of Terms is held to be invalid or unenforceable by a court, the remaining provisions of Terms remain in effect.

GOVERNING LANGUAGE AND TRANSLATION. INTERPRETATION

Client agrees that the Terms, Fees and Charges, Our Privacy Policy and other notices have been drawn up in English. Although translations to other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, Client agrees that in the event of any conflict, inconsistency, contradiction, ambiguity or doubt between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.

The present Terms, Fees and Charges, Our Privacy Policy and other notices as well as their separate provisions should be interpreted according to the ordinary natural meaning of wording, overall nature and purposes of the documents and business common sense as an ordinary reasonable and decent person would understand them.

PRIVACY

We respect Client’s privacy as further explained in Our Privacy Policy.

Contacting us: [email protected].

Public Offer for Mobile, Web and Desktop Custodial Wallet Applications

Using Custodial Wallet application (hereinafter, “Service”) You (hereinafter, “Client”, “You” and “Your”) are accepting the Offer, and, therefore, agreeing to be bound by terms, conditions and warranties of the Contract as well as all applicable laws and regulations, and agree that You are responsible for compliance with any applicable international, domestic or local laws.

THIS PUBLIC OFFER HAS LEGAL EFFECT AND COMPOSES THE ENTIRE OFFER INCLUDING ALL CONTRACTUAL PROVISIONS, SUCH AS PROVISIONS REGARDING SUBJECT-MATTER OF CONTRACT, OBLIGATIONS OF THE PARTIES, WARRANTY, LIMITED LIABILITY, INDEMNIFICATION AND ASSIGNMENT. CLIENT SHOULD CAREFULLY READ THESE PROVISIONS BEFORE STARTING USE OF SERVICE; HOWEVER, SINCE CLIENT USES SERVICE, THEY ARE BINDING FOR CLIENT WHETHER CLIENT ACTUALLY READ THEM OR NOT.

Agreement

The provisions below are of legal nature and should be read carefully before starting use of Service, however, since using Service, they are binding for Client whether Client actually read them or not.

For Client’s convenience Agreement is divided into the following sections:

  • General Provisions
  • Service
  • RISK WARNING
  • Eligibility and lawfulness
  • Prohibited use
  • Taxes and other local regulations
  • Digital Assets, Cryptocurrencies, and Tokens
  • Termination and Restriction of the Transaction
  • Charges, Commissions and other Payments
  • Confidentiality of Transmissions Over the Internet
  • Third-Party Service Provider Risks & Disclaimer
  • Application marketplace
  • Complimentary Technical Support
  • No Warranty
  • No special relationship and any kind of advice, no representations
  • Force Majeure
  • Indemnification
  • Security of Our Claims against Client
  • Intellectual Property Rights
  • Availability, Errors and Inaccuracies, Updates and modification
  • Changes to this Contract
  • Change of Control
  • Governing Law, Jurisdiction, Disputes Resolution
  • Governing Language and Translation. Interpretation

Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.

General Provisions

This is a contract (“Contract”) between Credex Multipay UAB, incorporated in the Republic of Lithuania, having registered office at Eišiškių Sodų 18-oji g. 11, LT-02194, Vilnius (“We”, “Us” and “Our”) and individuals, corporate persons, personal companies and their analogues (“Client”) to whom We provide HAWEX Mobile, Web and Desktop Custodial Wallet software program and its related services (“Service”), or who have applied to Service themselves. We and Client hereinafter are jointly referred to as the Parties, and separately as the Party.

The present Contract includes the terms, conditions and warranties on use of Service and consist of:

(i) the present Agreement (“Agreement”);

(ii) Terms of Use (“Terms”);

(iii) Fees and Charges. 

These three sets of provisions compose Contract cumulatively, are equally legally binding and do not substitute each other.

All provisions included into the present Agreement are going to the essence of Contract and constitute its conditions.

All provisions embraced by the other documents shall be treated as warranties. Please read the following provisions of Agreement as well as Terms of Use, Fees and Charges and Privacy Policy carefully.

Entire Contract. These three sets of provisions constitute the entire Contract between Client and Us regarding to Service, and supersede, replace and terminate any prior, contemporaneous or further negotiations, representations, agreements and statements We might have between Us and Client regarding to Service, both oral and written, as well as any implied statutory or case-law or custom terms, conditions and warranties. Any other notices or documents do not constitute terms of contract and do not alter the present Contract unless this intention clearly and expressly specified. 

Hereby We disclaim and negate all other terms, conditions and warranties of any kind, whether expressed or implied (both statutory, case-law or custom), including, but not limited to terms, conditions or warranties of merchantability, fitness for a particular purpose, or course of performance, or non-infringement of intellectual property or other violation of rights. 

Conclusion of Contract. By signing up, and creating Client’s Account as described below, Client accepts Our Offer and agree to be bound by the terms of both: this Agreement and Terms, as well as all applicable laws and regulations, and agree that Client are responsible for compliance with applicable international, domestic or local laws.

Since this moment the Offer is accepted and Client is the party of Contract on the terms offered.

If Client does not agree with any of the terms, Client is prohibited from using or accessing Service. These provisions are non-negotiable and Client can accept them solely on the whole. Any partial acceptance of Our Offer or counter-offers is unacceptable and not to be considered.   

It is Client’s responsibility to accept or deny this Offer.

Severability. If any provision of Contract is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of Contract shall continue to remain in full force and effect.

Waivers. Failure on Our part to demand performance of any provision of this Contract shall not constitute a waiver of any of Our rights under this Contract.

Relationship. This Contract does not create any agency, partnership, employment or fiduciary relationship between Client and Us.

Assignment. Client may not assign or transfer Client’s rights and obligations under Contract without Our prior written consent. Any attempt or actual transfer by Client of his rights and obligations without Our prior written consent, shall be null and void.

Service

Service is a custodial wallet that is a software program that You may, in accordance with this Agreement, install on Your device(s) or use as a desktop version. It allows You to interact with Your cryptocurrencies, tokens and digital assets, as well as exchange, sell and buy cryptocurrencies, tokens and digital assets, negotiate and deal with other users.

Service is owned and operated by Credex Multipay UAB, incorporated in the Republic of Lithuania, having registered office at Eišiškių Sodų 18-oji g. 11, LT-02194, Vilnius.

We provide Client with possibility of integration and cross functionality with other products of HAWEX trademark. For utilising each product, Client should conclude a separate contract, accepting the Offer.

RISK WARNING

Trading and investing in digital assets involve substantial risk of losses and is not suitable for all types of investors. Please make sure that You are investing mindfully after understanding the nature, complexity and risks inherent in the trading of digital assets. You should not purchase digital assets unless You understand the extent of Your exposure to potential loss. Please make sure You are not risking funds You cannot afford to lose. In no event We be liable for any loss or damage of any kind incurred as a result of using the Service.

Using Service, You have access to the software designed, but You are also responsible for what You do with it.

You are responsible for preserving the device used to access Service and for non-disclosing Your identification information, Account credentials, and Authentication Means to Third Parties. To receive Service in a compliant and safe manner, You undertake the responsibilities under this Contract.

If You suppose that Account has been compromised, discover any suspicious activity in Account or have lost the device used to access Service, immediately let Us know via e-mail: [email protected].

Identification and Authentication, Account

In order to access and use Service, Client must create Client’s personal account (“Account”). Service features are activated and available only to users who have successfully completed the sign-on process.

In terms of offering custodial wallet, we are legally obliged to identify Client and Their representatives and beneficiaries in accordance with the applicable law in relation to the prevention of money laundering, terrorism financing, fraud or any other financial crime (AML).

During Account registration, Client’s representative (“Representative”) must specify Their valid phone number and valid e-mail address to receive confirmation code via SMS and confirmation link via e-mail to proceed with Account verification.

Client must supply Us with verification information and documents as described in Terms and during the onboarding process. The scope of this information may vary depending on country Client resides or other circumstances.

Client shall be entitled to utilise Service remotely by using the authentication means (hereinafter referred to as the Authentication Means) following Our procedure described in Terms and during the onboarding.

Client agrees that any acts confirmed by using Authentication Means are binding and have equal legal effect as a signed written Contract.

If Authentication Means become known to a Third Party, Client shall be responsible for all consequences until the moment of notifying Us. 

Creating Client’s Account, Client agrees to:

(i) provide accurate, current and complete information;

(ii) maintain and promptly update Client’s Account information;

(iii) maintain the security and confidentiality of Client’s login credentials and restrict access to Client’s Account and Client’s device;

(iv) promptly notify Us if Client discovers or otherwise suspect any security breaches related to Service;

(v) take responsibility for all activities that occur under Client’s Account and accept all risks of unauthorised access.

We reserve the right to request additional information to verify Client’s identity, during the registration process, throughout Client’s use of Service or when Client submits requests related to Client’s Account. We have a right to suspend Client’s usage of Service in case Client fails to submit the requested information or submitted information is considered to be inaccurate or incomplete.

Based on Our AML Policy, some Service’s functionality (for instance, transaction limits) may depend on information Client provides Us with.

If Client wants to increase transaction limits, Client may be asked to specify reasons for transaction limits increasing and provide the source of funds confirmation and actual address confirmation unless these documents were provided earlier.

Eligibility and lawfulness

Service is designed for lawful use only.

Client’s use of Service is only permitted if Client abides the laws of the jurisdiction where Client resides and those of the Republic of Lithuania (where We are registered).

By accessing or using Service, Client agrees to do so in compliance with the terms of Contract and with applicable laws and regulations. Client further represents and warrants that Client will not use Service if the laws of the Republic of Lithuania and the country where Client resides prohibit Client from doing so.

Use of Service, in whole or in part, is not available for Client, in certain regions, countries, or jurisdictions, in order to comply with certain rules and regulations.

Creating Client’s Account, Client confirms that:

(i) Client has full legal capacity and ability to act in order to perform Contract;

(ii) Client has all rights, permissions, licenses and authorisations in order to perform Contract;

(iii) Transactions and all their consequences are binding upon Client and do not cause infringements of the laws of the Republic of Lithuania or the laws of the place of performance of Contract;

(iv) all information supplied by Client to Us, including information on Their representatives and beneficiaries, activities, financial condition, and location, is true and not misleading. All documents and notices supplied by Client to Us are true and valid. Client shall update the information if the submitted information is not accurate anymore. Client shall bear any losses that occur due to submission of invalid data. Client has been informed of criminal responsibility for supplying Us with false information;

(v) Client has not offered, promised or given something or any preference to any Our employee, directly or indirectly, for the latter to act or abstain from any action in infringement of his duties;

(vi) Client is not engaged in money laundering, that is, concealing or disguising the criminal origin of funds or other estate obtained as a result of an illegal act, or in terrorism financing, and Client is only transacting on Service with legally-obtained funds that rightfully and lawfully belong to Client;

(vii) Client, Client’s authorised official or beneficial owner is not a citizen or resident of any jurisdiction or territory sanctioned or considered prohibited for cooperation by the United Nations Authorities or any other governmental authority with jurisdiction over Us or Service, as it specified during the onboarding;

(viii) Client does not cooperate with any prohibited for cooperation country or territory included in financial sanctions regime, and does not cooperate with any jurisdiction or territory sanctioned or considered prohibited for cooperation by the United Nations Authorities or any other governmental authority with jurisdiction over Us or Service, as it specified during the onboarding;

(ix) Client is not sanctioned by the United Nations Authorities or any other governmental authority with jurisdiction over Us or Service;

(x) Client may not use Service if Client are located in, or a citizen or resident of any state, country, territory or other jurisdiction where Client’s use of Service would be illegal or otherwise violate any applicable law;

(xi) Client also may not use Service if Client are located in, or a citizen or resident of, any other jurisdiction where We have determined, at Our discretion, to prohibit the use of Service. We may implement controls to restrict access to Service from any jurisdiction prohibited pursuant to Contract. Client agrees to comply with Contract even if Our methods to prevent the use of Service are not effective or can be bypassed.

Client further represents that Client will not use Service to conduct any transaction with or on behalf of any person or entity listed in clauses from (vii) to (xi) above or otherwise in violation of applicable law. We may cease to provide Service to Client for any reason, and with no notice, if it determines that Client have violated any of the above representations. Client understands and consents that We may be legally required to detain, to deny Client’s access to, and to report to one or more governmental authorities if Client’s property or property interests are in Our possession or control in the event of certain sanctions imposing these obligations.

Client agrees to notify Us immediately in writing if Client’s status under any of the above provisions changes.

We reserve the right to take a decision regarding the possible termination of Contract with Client, if Client, Client’s authorised official or beneficial owner is a citizen or resident of any third countries of high risk, as it specified during the onboarding. If Client, Client’s authorised official or beneficial owner is citizen or resident of country or territory with military actions (e.g., war, civil war, rebellion or military conflict) or political instability, or Client’s business activity is located or related to country or territory with military actions or political instability, We also need to monitor such a relationship with Client for money laundering risks which may result in the termination of Contract with Client.

Representative, concluding the transaction on behalf of Client, certifies that it is duly authorised and entitled to conclude the transaction, sign documents and carry out other actions required to perform the transaction or related to one.

We are entitled to verify any representation or other information supplied by Client at any time. During such verification We are entitled to suspend any Client’s transaction.

Prohibited use

Using Service, Client must refrain from:

(i) Breaching the terms of Contract or any other applicable rules and instructions that We may convey with respect to Service;

(ii) Interfering with, burdening or disrupting the functionality of Service;

(iii) Breaching the security of Service or publicly identifying any security vulnerabilities in it;

(iv) Circumventing or manipulating the operation or functionality of Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in Service;

(v) Sending automated or machine-generated queries;

(vi) Impersonating any person or entity, or making any false statement pertaining to Client’s identity or affiliation with any person or entity;

(vii) Collecting, harvesting, obtaining or processing personal information regarding to Service’s users, without their prior explicit consent;

(viii) Abusing, harassing, threatening or intimidating other users of Service;

(ix) Linking to Service from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination or other prohibited or harmful content;

(x) Engaging in any activity that constitutes a criminal offense or gives rise to civil liability;

(xi) Transferring Client’s Account to another person;

(xi) Violating any applicable law.

Client is solely responsible for the content for which the Client uses the Service and for the consequences associated with doing so.

Taxes and other local regulations

It is Client’s responsibility to comply with local laws in respect to the legal usage of Service and the regulatory qualification of digital assets in Client’s jurisdiction, including compliance with local tax regulations.

Client is responsible for determining what taxes apply, for tax payment and for interacting with the appropriate tax authority.

We are not responsible for determining Client’s tax obligations and for the consequences of non-fulfilment of such obligations by the Client.

Digital Assets, Cryptocurrencies, and Tokens

Not every digital asset can be accessed through Service as only a subset of cryptocurrencies and tokens are available within the Service. The selection of cryptocurrencies and tokens accessible through Service is subject to change at any time and We do not guarantee that any particular digital asset will continue to be available. Similarly, Third-Party Service information or other features of Service may be changed at any time at Our discretion according to usage, Service vision, or changes in the global blockchain industry.

We cannot and do not guarantee the value of cryptocurrency. Client acknowledges and agree that the value of cryptocurrency is highly volatile and that buying, selling, and holding cryptocurrency involves a high risk.

We are not a party to Client’s transactions, and are not responsible for them, so Client must carefully verify Client’s operations.

Termination and Restriction of the Transaction

In terms of offering custodial wallet, We are entitled at Our own to refuse, suspend or terminate any transaction, change the term of executing the transaction, set restrictions on any transaction, inter alia, freeze or attach the funds and assets, limit the availability of Service to Client for an indefinite term without notice and disclosure of reasons for such actions to Client and his customers, and without liability for any losses or additional expenses in the following cases:

(i) Client’s certification appears to be false;

(ii) suspected unauthorised activity on Client’s Account;

(iii) suspected Client’s involvement in money laundering or terrorism financing;

(iv) suspected fraud or other unlawful, dishonest or unethical action, or if We suppose that further cooperation with Client is to the detriment Our honour, credit or reputation;

(v) suspected Client’s death if Client is an individual or liquidation of Client who is a legal entity;

(vi) Client’s failure to supply the requested information, or providing Us with false information or fake documents;

(vii) in order to comply with applicable law or requirements of the financial institutions or organisations involved in execution of the transaction, or Our internal policies;

(viii) the transaction is suspected to result in direct or indirect violation of sanctions set by the United Nations Authorities or any other governmental authority with jurisdiction over Us or Service, as specified during the onboarding;

(ix) We consider these measures necessary in order to secure Our rights to the Financial Pledge;

(x) We consider or suspect some default on Client’s obligations to have occurred or to possibly occur.

Charges, Commissions and other Payments

We are entitled to charge commissions and other Charges (“Charges”) for processing Client’s transactions.

The amount and requirements of these Charges are specified in the Terms and the Fees and Charges (“Fees and Charges”).   

We are entitled to unilaterally amend the Fees and Charges. We inform Clients of amendments to the Fees and Charges by means of publication at the website hawex.com or in the mobile application. The Client must independently check such amendments on the above-mentioned website. Additionally, We may inform each Client individually.

Whether Client disagrees to the amendments, Client is entitled to terminate Contract, without sanctions applied. At the same time, we have the right to charge commissions and other Charges that were valid at the time of termination of the Contract and that were not charged by Us earlier.

Whether Client fails to submit objections before the day on which amendments to the Fees and Charges come into force, Client shall be deemed to agree to those amendments.

The general currency exchange rates and reference interest rates (the rates We use to calculate the interest applicable to the transaction, which Client can check on publicly available sources) set by Us are not included in the Fees and Charges and shall be stated at the moment of rendering the respective service. Client consents that the general currency exchange rates and reference interest rates set by Us may be changed at any time without prior notification, considering currency exchange rate and reference interest rate fluctuations in financial markets.

Client agrees that the general currency exchange rate published at the website hawex.com may differ from the currency exchange rate applicable to a particular transaction, and We are entitled to inform Client about actual rate after execution of the transaction by means of account statement / report.

We are entitled to cease rendering Service without any notice if Client has not paid appropriate fee or charge. In such a case We are not responsible for Client’s losses or other additional expenses. We are entitled to continue rendering Service at Our own discretion and acquiring the corresponding rights to claim appropriate sums.

If taxes, duties or similar payments are imposed on Charges, We are entitled to withhold such payments from Client, with the Charge amount being increased accordingly.

If Client defaults on his obligations under Contract, or if Client’s insolvency proceedings, legal protection proceedings or Client’s liquidation process has been initiated, We are entitled to use Client’s funds available at Service for decreasing the amount of Client’s liabilities or discharging those completely.

Confidentiality of Transmissions Over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not completely secure, and is subject to possible loss, interception, or alteration while in transit. Accordingly, while We take commercially reasonable efforts to safeguard the privacy of the information Client provide to Us and treat such information in accordance with Our Privacy Policy. In no event will the information be deemed as confidential, create any fiduciary obligations to You on Our part, or result in any liability to You on Our part in the event that such information is inadvertently released by Us or accessed by third parties without Our consent.

Third-Party Service Provider Risks & Disclaimer

Service may be used to interact with Third-Party Services.

Third-Party Services that Client interacts with through Service may require an account to use and Client may be required to become a party to an agreement with that Third Party for which Client is solely responsible. We are not a party to the purchase, sale or trade of any digital assets that are affected through Third-Party service providers, or any transactions involving fiat currency, and do not act as a seller or supplier. Any agreement that Client enter with any Third Party to purchase, sell or trade digital assets, or to send fiat currency, is between Client and that Third Party, and Client are solely responsible for ensuring that Client agree to applicable terms, and that the Third Party complies with all applicable laws that may apply to Client. Such agreements are not enforceable against Us, and do not bind Us or limit Our rights under this Contract or applicable law.

We are not responsible for the legal terms (e.g., “terms of use agreement”), privacy policies, or the practices and/or transactions of and involving the payment processor or the transaction service providers, or the compliance of these providers with legal requirements (in Client’s jurisdiction or elsewhere).

External links, brand names, and logos in Service are not endorsements. Even where Service may include language about “recommendations” these should be understood as being based on aggregate user behaviour and not a specific recommendation for Client.

We have not reviewed these sites or links and are not responsible for the contents of any such linked site. Use of any such linked website is at the user’s own risk.

We strongly advise Client to read the terms and conditions and privacy policies of any Third-Party websites or services that Client visits.

We reserve the right to terminate or suspend access to these Third-Party Services immediately, without prior notice or liability, for any reason whatsoever.

We may use some Third-Party, including open source, solutions, provide Third-Party libraries to Client as part of Service’s solution but shall not be considered to be the owner or licensor of the Third-Party libraries. Please refer to the services and respect the relevant Third-Party licenses.

Application marketplace

Client’s use of Service may be subject to additional Third-Party terms and conditions that govern that application marketplace from which Client downloaded the App, such as App Store or iTunes for IOS, Google Play or Amazon App-store for Android. Such Third Parties are not responsible for providing maintenance and support services with respect to Service.

In case of a conflict between this Contract or Our Terms of Use and the particular marketplace’s terms and conditions, the last will prevail.

Client must comply with applicable Third-Party terms of agreement when using Service.

Complimentary Technical Support

Customer support is offered to Client (or any other user) without charge of any kind but is provided solely at Our discretion, and may be discontinued or modified at any time.

If Client decides to use Our free customer support services, then Client must treat Our customer support staff with respect. Client must also take care not to provide Client’s Account credentials (which Our support staff will never ask for) in order to stay safe.

Digital assets can be complicated and it is difficult to provide complimentary support to a global user base in the digital asset space. Although Our customer support staff strive to do their best, Client is the one who is responsible for any losses that may result from inappropriately followed advice or even appropriately followed advice that has negative consequences for Client. If Client is concerned about possible losses or errors, Client should retain Client’s own independent professional advisors or technical experts to assist Client with Client’s unique circumstances.

Client expressly acknowledges that We are not responsible for any errors, misunderstandings, incorrect/incomplete explanations or instructions, and that Our customer support is not a substitute for paid technical experts. To the extent permitted by applicable law, this support is offered to Client without warranty of any kind and shall be at Client’s risk.

No Warranty

Representations. Service is provided on an “as is” and “as available” basis without any warranty or representation expressed or implied.

Neither We make or give nor Our officers, directors, shareholders, employees, contractors and affiliates have any authority to make or give any warranties or representations, expressed or implied, including that use of Service will always be safe, secure, or error-free, or that it will function without disruptions, delays, bugs, or imperfections, as well as any statements regarding capacity, suitability for use or performance of Service, or the content presented on, or through Service, whether or not made by Us.

Specifically, Client should be careful not to assume that a price of a digital asset in Service, or of a fiat currency, is the only possible price or even a “basic” price as the actual pricing may differ in Client’s local market or may be out-of-date for Client’s use case.

It is Client’s own responsibility to check any information or materials provided via Service, it does not usually require any special knowledge or skills.

Security and lawfulness of Service and its content. We are unable to exercise control over the security and lawfulness of information passing over the network.

Service is only offered to Client if Client resides in jurisdiction where it may be lawfully offered and Client agree to be solely and fully responsible for determining whether the use of Service is compatible with laws of the jurisdiction where Client reside. The legality and compatibility with the applicable law of Client’s use of Service as well as particular way and extend of its use is at Client’s own risk.

Accuracy of Service’s content. We are constantly updating Services and services which may be offered under HAWEX trademark. Services or services represented on Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information.

Service integrates many Third-Party data sources in an effort to provide relevant data to users but this data is typically beyond Our control. We do not have any liability to Client for incorrect data and Client should verify any data Client receives through Service before acting on it.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

We do not make or give and neither Our officers, directors, shareholders, employees, contractors and affiliates have any authority to make or give any kind of representations concerning the accuracy, likely results, or reliability of the use of any materials or otherwise relating to such materials or on any sites linked to this Service.

To the fullest extent permitted by applicable law, We and Our officers, directors, shareholders, employees, contractors and affiliates disclaim all warranties and representations, whether expressed or implied (both by statute and case-law), including implied warranties of merchantability, fitness for purposes or for particular purpose, title, quality, compatibility, performance, security, accuracy and non-infringement as well as enhanced goodwill or expected benefits, including, but not limited to:

(i) Service will function uninterrupted, secure or available at any particular time or location;

(ii) any errors or defects will be corrected;

(iii) Service will be compatible with Client’s computer, device or software;

(iv) the use of Service, including, without limitation, the browsing and downloading of any information, will be free of any viruses or other destructive, intrusive, or disruptive, or harmful components;

(v) the transmission of the information to and from Service will be secure;

(vi) the use of Service will not infringe the rights (including, without limitation, intellectual property rights) of any person;

(vii) the use of Service will not cause any damage to Client’s computer systems, software or electronic files;

(viii) the content presented on Service will be accurate, beneficial or reliable;

(ix) Service will meet Client’s requirements or expectations in any way, or the result of using Service will be satisfactory and will fit Client’s expectations or requirements.

No special relationship and any kind of advice, no representations

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 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.

Limitation of liability

In no event shall Credex Multipay UAB, nor its officers, directors, shareholders, employees, contractors, 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 Credex Multipay UAB, its officers, directors, shareholders, employees, contractors, 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 AED 100 (One hundred) for appropriately proven damage which is claimed within twelve-month period since the event.

Force Majeure

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.

Indemnification

To the maximum extent permitted by law, Client agree to release, indemnify, defend and hold harmless Credex Multipay UAB and its respective officers, agents, employees, directors, shareholders, 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 guarantee 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, donate 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.

Termination of Contract

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 from the last Client’s transaction.

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 e-mail: [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.

Changes to this Contract

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 disagrees 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.

Change of Control

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 uses Service, this Contract is governed by the laws of the Republic of Lithuania.

The competent courts of the Republic of Lithuania in Vilnius have exclusive and sole jurisdiction over any dispute, claim or controversy relating to Service or with respect to any matter relating to this Contract. You hereby expressly consent to personal jurisdiction in the Republic of Lithuania 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

Client agrees that the present Agreement, Terms, Fees and Charges, Our Privacy Policy and other notices have been drawn up in English. Although translations to other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, Client agrees that in the event of any conflict, inconsistency, contradiction, ambiguity or doubt between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.

The present Agreement, Terms, Fees and Charges, Our Privacy Policy and other notices as well as their separate provisions should be interpreted according to the ordinary natural meaning of wording, overall nature and purposes of the documents and business common sense as an ordinary reasonable and decent person would understand them.

Privacy

We respect Client’s privacy as further explained in Our Privacy Policy.

Contacting us: [email protected].

Public Offer for Crypto Acquiring

Using this application (hereinafter, “Service”) You (hereinafter, “Client”, “You” and “Your”) are accepting the Offer, and, therefore, agreeing to be bound by terms, conditions and warranties of the Contract as well as all applicable laws and regulations, and agree that You are responsible for compliance with any applicable international, domestic or local laws.

THIS PUBLIC OFFER HAS LEGAL EFFECT AND COMPOSES THE ENTIRE OFFER INCLUDING ALL CONTRACTUAL PROVISIONS, SUCH AS PROVISIONS REGARDING SUBJECT-MATTER OF CONTRACT, OBLIGATIONS OF THE PARTIES, WARRANTY, LIMITED LIABILITY, INDEMNIFICATION AND ASSIGNMENT. CLIENT SHOULD CAREFULLY READ THESE PROVISIONS BEFORE STARTING USE OF SERVICE; HOWEVER, SINCE CLIENT USES SERVICE, THEY ARE BINDING FOR CLIENT WHETHER CLIENT ACTUALLY READ THEM OR NOT.

Agreement

The provisions below are of legal nature and should be read carefully before starting use of Service, however, since using Service, they are binding for Client whether Client actually read them or not.

For Client’s convenience Agreement is divided into the following sections:

  • General Provisions
  • Service
  • RISK WARNING
  • Eligibility and lawfulness
  • Prohibited use
  • Taxes and other local regulations
  • Digital Assets, Cryptocurrencies, and Tokens
  • Termination and Restriction of the Transaction
  • Charges, Commissions and other Payments
  • Confidentiality of Transmissions Over the Internet
  • Third-Party Service Provider Risks & Disclaimer
  • Application marketplace
  • Complimentary Technical Support
  • No Warranty
  • No special relationship and any kind of advice, no representations
  • Force Majeure
  • Indemnification
  • Security of Our Claims against Client
  • Intellectual Property Rights
  • Availability, Errors and Inaccuracies, Updates and modification
  • Changes to this Contract
  • Change of Control
  • Governing Law, Jurisdiction, Disputes Resolution
  • Governing Language and Translation. Interpretation

Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.

General Provisions

This is a contract (“Contract”) between Credex Multipay UAB incorporated in the Republic of Lithuania, having registered office at Eišiškių Sodų 18-oji g. 11, LT-02194, Vilnius (“We”, “Us” and “Our”) and individuals, corporate persons, personal companies and their analogues (“Client”) to whom We provide HAWEX Crypto Acquiring software program and its related services (“Service”), or who have applied to Service themselves. We and Client hereinafter are jointly referred to as the Parties, and separately as the Party.

The present Contract includes the terms, conditions and warranties on use of Service and consist of:

(i) the present Agreement (“Agreement”);

(ii) Terms of Use (“Terms”);

(iii) Fees and Charges. 

These three sets of provisions compose Contract cumulatively, are equally legally binding and do not substitute each other.

All provisions included into the present Agreement are going to the essence of Contract and constitute its conditions.

All provisions embraced by the other documents shall be treated as warranties. Please read the following provisions of Agreement as well as Terms of Use, Fees and Charges and Privacy Policy carefully.

Entire Contract. These three sets of provisions constitute the entire Contract between Client and Us regarding to Service, and supersede, replace and terminate any prior, contemporaneous or further negotiations, representations, agreements and statements We might have between Us and Client regarding to Service, both oral and written, as well as any implied statutory or case-law or custom terms, conditions and warranties. Any other notices or documents do not constitute terms of contract and do not alter the present Contract unless this intention clearly and expressly specified. 

Hereby We disclaim and negate all other terms, conditions and warranties of any kind, whether expressed or implied (both statutory, case-law or custom), including, but not limited to terms, conditions or warranties of merchantability, fitness for a particular purpose, or course of performance, or non-infringement of intellectual property or other violation of rights. 

Conclusion of Contract. By signing up, and creating Client’s Account as described below, Client accepts Our Offer and agree to be bound by the terms of both: this Agreement and Terms, as well as all applicable laws and regulations, and agree that Client are responsible for compliance with applicable international, domestic or local laws.

Since this moment the Offer is accepted and Client is the party of Contract on the terms offered.

If Client does not agree with any of the terms, Client is prohibited from using or accessing Service. These provisions are non-negotiable and Client can accept them solely on the whole. Any partial acceptance of Our Offer or counter-offers is unacceptable and not to be considered.   

It is Client’s responsibility to accept or deny this Offer.

Severability. If any provision of Contract is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of Contract shall continue to remain in full force and effect.

Waivers. Failure on Our part to demand performance of any provision of this Contract shall not constitute a waiver of any of Our rights under this Contract.

Relationship. This Contract does not create any agency, partnership, employment or fiduciary relationship between Client and Us.

Assignment. Client may not assign or transfer Client’s rights and obligations under Contract without Our prior written consent. Any attempt or actual transfer by Client of his rights and obligations without Our prior written consent, shall be null and void.

Service

Service is a cryptoacquiring application that is a software program that Client may, in accordance with this Agreement, use as a desktop version. This application allows Client to offer cryptocurrencies as a means of payment for selling goods or providing services to its customers on Client’s website(s) and/or through Client’s payment terminal at the point of sale of goods or services.

By default, We undertake to make payments to Client in cryptocurrency, although We reserve the right to make payments to Client in fiat currency. Thus, We may request assistance of Our partners in order to make payments to Client. In this case, Our partners will exchange Client’s cryptocurrency to fiat currency and transfer fiat currency to Client. To make a payment, the Client must place an application in which Client indicates the desired payment method: cryptocurrency or fiat currency.

Service is owned and operated by Credex Multipay UAB incorporated in the Republic of Lithuania, having registered office at Eišiškių Sodų 18-oji g. 11, LT-02194, Vilnius.

RISK WARNING

Trading and investing in digital assets involve substantial risk of losses and is not suitable for all types of investors. Please make sure that You are investing mindfully after understanding the nature, complexity and risks inherent in the trading of digital assets. You should not purchase digital assets unless You understand the extent of Your exposure to potential loss. Please make sure You are not risking funds You cannot afford to lose. In no event We be liable for any loss or damage of any kind incurred as a result of using the Service.

Using Service, You have access to the software designed, but You are also responsible for what You do with it.

You are responsible for preserving the device used to access Service and for non-disclosing Your identification information, Account credentials, and Authentication Means to Third Parties. To receive Service in a compliant and safe manner, You undertake the responsibilities under this Contract.

If You suppose that Account has been compromised, discover any suspicious activity in Account or have lost the device used to access Service, immediately let Us know via e-mail: [email protected].

Identification and Authentication, Account

In order to access and use Service, Client must create Client’s personal account (“Account”). Service features are activated and available only to users who have successfully completed the sign-on process.

We are legally obliged to identify Client and Their representatives and beneficiaries in accordance with the applicable law in relation to the prevention of money laundering, terrorism financing, fraud or any other financial crime (AML).

During Account registration, Client’s representative (“Representative”) must specify Their valid phone number and valid e-mail address to receive confirmation code via SMS and confirmation link via e-mail to proceed with Account verification.

Client must supply Us with verification information and documents as described in Terms and during the onboarding process. The scope of this information may vary depending on country Client resides or other circumstances.

Client shall be entitled to utilise Service remotely by using the authentication means (hereinafter referred to as the Authentication Means) following Our procedure described in Terms and during the onboarding.

Client agrees that any acts confirmed by using Authentication Means are binding and have equal legal effect as a signed written Contract.

If Authentication Means become known to a Third Party, Client shall be responsible for all consequences until the moment of notifying Us. 

Creating Client’s Account, Client agrees to:

(i) provide accurate, current and complete information;

(ii) maintain and promptly update Client’s Account information;

(iii) maintain the security and confidentiality of Client’s login credentials and restrict access to Client’s Account and Client’s device;

(iv) promptly notify Us if Client discovers or otherwise suspect any security breaches related to Service;

(v) take responsibility for all activities that occur under Client’s Account and accept all risks of unauthorised access.

We reserve the right to request additional information to verify Client’s identity, during the registration process, throughout Client’s use of Service or when Client submits requests related to Client’s Account. We have a right to suspend Client’s usage of Service in case Client fails to submit the requested information or submitted information is considered to be inaccurate or incomplete.

Based on Our AML Policy, some Service’s functionality (for instance, transaction limits) may depend on information Client provides Us with.

If Client wants to increase transaction limits, Client may be asked to specify reasons for transaction limits increasing and provide the source of funds confirmation and actual address confirmation unless these documents were provided earlier.

Eligibility and lawfulness

Service is designed for lawful use only.

Client’s use of Service is only permitted if Client abides the laws of the jurisdiction where Client resides and those of the Republic of Lithuania (where We are registered).

By accessing or using Service, Client agrees to do so in compliance with the terms of Contract and with applicable laws and regulations. Client further represents and warrants that Client will not use Service if the laws of the Republic of Lithuania and the country where Client resides prohibit Client from doing so.

Use of Service, in whole or in part, is not available for Client, in certain regions, countries, or jurisdictions, in order to comply with certain rules and regulations.

Creating Client’s Account, Client confirms that:

(i) Client has full legal capacity and ability to act in order to perform Contract;

(ii) Client has all rights, permissions, licenses and authorisations in order to perform Contract;

(iii) Transactions and all their consequences are binding upon Client and do not cause infringements of the laws of the Republic of Lithuania or the laws of the place of performance of Contract;

(iv) all information supplied by Client to Us, including information on Their representatives and beneficiaries, activities, financial condition, and location, is true and not misleading. All documents and notices supplied by Client to Us are true and valid. Client shall update the information if the submitted information is not accurate anymore. Client shall bear any losses that occur due to submission of invalid data. Client has been informed of criminal responsibility for supplying Us with false information;

(v) Client has not offered, promised or given something or any preference to any Our employee, directly or indirectly, for the latter to act or abstain from any action in infringement of his duties;

(vi) Client is not engaged in money laundering, that is, concealing or disguising the criminal origin of funds or other estate obtained as a result of an illegal act, or in terrorism financing, and Client is only transacting on Service with legally-obtained funds that rightfully and lawfully belong to Client;

(vii) Client, Client’s authorised official or beneficial owner is not a citizen or resident of any jurisdiction or territory sanctioned or considered prohibited for cooperation by the United Nations Authorities or any other governmental authority with jurisdiction over Us or Service, as it specified during the onboarding;

(viii) Client does not cooperate with any prohibited for cooperation country or territory included in financial sanctions regime, and does not cooperate with any jurisdiction or territory sanctioned or considered prohibited for cooperation by the United Nations Authorities or any other governmental authority with jurisdiction over Us or Service, as it specified during the onboarding;

(ix) Client is not sanctioned by the United Nations Authorities or any other governmental authority with jurisdiction over Us or Service;

(x) Client may not use Service if Client are located in, or a citizen or resident of any state, country, territory or other jurisdiction where Client’s use of Service would be illegal or otherwise violate any applicable law;

(xi) Client also may not use Service if Client are located in, or a citizen or resident of, any other jurisdiction where We have determined, at Our discretion, to prohibit the use of Service. We may implement controls to restrict access to Service from any jurisdiction prohibited pursuant to Contract. Client agrees to comply with Contract even if Our methods to prevent the use of Service are not effective or can be bypassed.

Client further represents that Client will not use Service to conduct any transaction with or on behalf of any person or entity listed in clauses from (vii) to (xi) above or otherwise in violation of applicable law. We may cease to provide Service to Client for any reason, and with no notice, if it determines that Client have violated any of the above representations. Client understands and consents that We may be legally required to detain, to deny Client’s access to, and to report to one or more governmental authorities if Client’s property or property interests are in Our possession or control in the event of certain sanctions imposing these obligations.

Client agrees to notify Us immediately in writing if Client’s status under any of the above provisions changes.

We reserve the right to take a decision regarding the possible termination of Contract with Client, if Client, Client’s authorised official or beneficial owner is a citizen or resident of any third countries of high risk, as it specified during the onboarding. If Client, Client’s authorised official or beneficial owner is citizen or resident of country or territory with military actions (e.g., war, civil war, rebellion or military conflict) or political instability, or Client’s business activity is located or related to country or territory with military actions or political instability, We also need to monitor such a relationship with Client for money laundering risks which may result in the termination of Contract with Client.

Representative, concluding the transaction on behalf of Client, certifies that it is duly authorised and entitled to conclude the transaction, sign documents and carry out other actions required to perform the transaction or related to one.

We are entitled to verify any representation or other information supplied by Client at any time. During such verification We are entitled to suspend any Client’s transaction.

Prohibited use

Using Service, Client must refrain from:

(i) Breaching the terms of Contract or any other applicable rules and instructions that We may convey with respect to Service;

(ii) Interfering with, burdening or disrupting the functionality of Service;

(iii) Breaching the security of Service or publicly identifying any security vulnerabilities in it;

(iv) Circumventing or manipulating the operation or functionality of Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in Service;

(v) Sending automated or machine-generated queries;

(vi) Impersonating any person or entity, or making any false statement pertaining to Client’s identity or affiliation with any person or entity;

(vii) Collecting, harvesting, obtaining or processing personal information regarding to Service’s users, without their prior explicit consent;

(viii) Abusing, harassing, threatening or intimidating other users of Service;

(ix) Linking to Service from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination or other prohibited or harmful content;

(x) Engaging in any activity that constitutes a criminal offense or gives rise to civil liability;

(xi) Transferring Client’s Account to another person;

(xi) Violating any applicable law.

Client is solely responsible for the content for which the Client uses the Service and for the consequences associated with doing so.

Taxes and other local regulations

It is Client’s responsibility to comply with local laws in respect to the legal usage of Service and the regulatory qualification of digital assets in Client’s jurisdiction, including compliance with local tax regulations.

Client is responsible for determining what taxes apply, for tax payment and for interacting with the appropriate tax authority.

We are not responsible for determining Client’s tax obligations and for the consequences of non-fulfillment of such obligations by the Client.

Digital Assets, Cryptocurrencies, and Tokens

Not every digital asset can be accessed through Service as only a subset of cryptocurrencies and tokens are available within the Service. The selection of cryptocurrencies and tokens accessible through Service is subject to change at any time and We do not guarantee that any particular digital asset will continue to be available. Similarly, Third-Party Service information or other features of Service may be changed at any time at Our discretion according to usage, Service vision, or changes in the global blockchain industry.

We cannot and do not guarantee the value of cryptocurrency. Client acknowledges and agree that the value of cryptocurrency is highly volatile and that buying, selling, and holding cryptocurrency involves a high risk.

We are not a party to Client’s transactions, and are not responsible for them, so Client must carefully verify Client’s operations.

Termination and Restriction of the Transaction

We are entitled at Our own to refuse, suspend or terminate any transaction, change the term of executing the transaction, set restrictions on any transaction, inter alia, freeze or attach the funds and assets, limit the availability of Service to Client for an indefinite term without notice and disclosure of reasons for such actions to Client and his customers, and without liability for any losses or additional expenses in the following cases:

(i) Client’s certification appears to be false;

(ii) suspected unauthorised activity on Client’s Account;

(iii) suspected Client’s involvement in money laundering or terrorism financing;

(iv) suspected fraud or other unlawful, dishonest or unethical action, or if We suppose that further cooperation with Client is to the detriment Our honour, credit or reputation;

(v) suspected Client’s death if Client is an individual or liquidation of Client who is a legal entity;

(vi) Client’s failure to supply the requested information, or providing Us with false information or fake documents;

(vii) in order to comply with applicable law or requirements of the financial institutions or organisations involved in execution of the transaction, or Our internal policies;

(viii) the transaction is suspected to result in direct or indirect violation of sanctions set by the United Nations Authorities or any other governmental authority with jurisdiction over Us or Service, as specified during the onboarding;

(ix) We consider these measures necessary in order to secure Our rights to the Financial Pledge;

(x) We consider or suspect some default on Client’s obligations to have occurred or to possibly occur.

Charges, Commissions and other Payments

We are entitled to charge commissions and other Charges (“Charges”) for processing Client’s transactions.

The amount and requirements of these Charges are specified in the Terms and the Fees and Charges (“Fees and Charges”).   

We are entitled to unilaterally amend the Fees and Charges. We inform Clients of amendments to the Fees and Charges by means of publication at the website hawex.com. The Client must independently check such amendments on the above-mentioned website. Additionally, We may inform each Client individually.

Whether Client disagrees to the amendments, Client is entitled to terminate Contract, without sanctions applied. At the same time, we have the right to charge commissions and other Charges that were valid at the time of termination of the Contract and that were not charged by Us earlier.

Whether Client fails to submit objections before the day on which amendments to the Fees and Charges come into force, Client shall be deemed to agree to those amendments.

The general currency exchange rates and reference interest rates (the rates We use to calculate the interest applicable to the transaction, which Client can check on publicly available sources) set by Us are not included in the Fees and Charges and shall be stated at the moment of rendering the respective service. Client consents that the general currency exchange rates and reference interest rates set by Us may be changed at any time without prior notification, considering currency exchange rate and reference interest rate fluctuations in financial markets.

Client agrees that the general currency exchange rate published at the website hawex.com may differ from the currency exchange rate applicable to a particular transaction, and We are entitled to inform Client about actual rate after execution of the transaction by means of account statement / report.

We are entitled to cease rendering Service without any notice if Client has not paid appropriate fee or charge. In such a case We are not responsible for Client’s losses or other additional expenses. We are entitled to continue rendering Service at Our own discretion and acquiring the corresponding rights to claim appropriate sums.

If taxes, duties or similar payments are imposed on Charges, We are entitled to withhold such payments from Client, with the Charge amount being increased accordingly.

If Client defaults on his obligations under Contract, or if Client’s insolvency proceedings, legal protection proceedings or Client’s liquidation process has been initiated, We are entitled to use Client’s funds available at Service for decreasing the amount of Client’s liabilities or discharging those completely.

Confidentiality of Transmissions Over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not completely secure, and is subject to possible loss, interception, or alteration while in transit. Accordingly, while We take commercially reasonable efforts to safeguard the privacy of the information Client provide to Us and treat such information in accordance with Our Privacy Policy. In no event will the information be deemed as confidential, create any fiduciary obligations to You on Our part, or result in any liability to You on Our part in the event that such information is inadvertently released by Us or accessed by third parties without Our consent.

Third-Party Service Provider Risks & Disclaimer

Service may be used to interact with Third-Party Services.

Third-Party Services that Client interacts with through Service may require an account to use and Client may be required to become a party to an agreement with that Third Party for which Client is solely responsible. We are not a party to the purchase, sale or trade of any digital assets that are affected through Third-Party service providers, or any transactions involving fiat currency, and do not act as a seller or supplier. Any agreement that Client enter with any Third Party to purchase, sell or trade digital assets, or to send fiat currency, is between Client and that Third Party, and Client are solely responsible for ensuring that Client agree to applicable terms, and that the Third Party complies with all applicable laws that may apply to Client. Such agreements are not enforceable against Us, and do not bind Us or limit Our rights under this Contract or applicable law.

We are not responsible for the legal terms (e.g., “terms of use agreement”), privacy policies, or the practices and/or transactions of and involving the payment processor or the transaction service providers, or the compliance of these providers with legal requirements (in Client’s jurisdiction or elsewhere).

External links, brand names, and logos in Service are not endorsements. Even where Service may include language about “recommendations” these should be understood as being based on aggregate user behaviour and not a specific recommendation for Client.

We have not reviewed these sites or links and are not responsible for the contents of any such linked site. Use of any such linked website is at the user’s own risk.

We strongly advise Client to read the terms and conditions and privacy policies of any Third-Party websites or services that Client visits.

We reserve the right to terminate or suspend access to these Third-Party Services immediately, without prior notice or liability, for any reason whatsoever.

We may use some Third-Party, including open source, solutions, provide Third-Party libraries to Client as part of Service’s solution but shall not be considered to be the owner or licensor of the Third-Party libraries. Please refer to the services and respect the relevant Third-Party licenses.

Application marketplace

Client’s use of Service may be subject to additional Third-Party terms and conditions that govern that application marketplace from which Client downloaded the App, such as App Store or iTunes for IOS, Google Play or Amazon App-store for Android. Such Third Parties are not responsible for providing maintenance and support services with respect to Service.

In case of a conflict between this Contract or Our Terms of Use and the particular marketplace’s terms and conditions, the last will prevail.

Client must comply with applicable Third-Party terms of agreement when using Service.

Complimentary Technical Support

Customer support is offered to Client (or any other user) without charge of any kind but is provided solely at Our discretion, and may be discontinued or modified at any time.

If Client decides to use Our free customer support services, then Client must treat Our customer support staff with respect. Client must also take care not to provide Client’s Account credentials (which Our support staff will never ask for) in order to stay safe.

Digital assets can be complicated and it is difficult to provide complimentary support to a global user base in the digital asset space. Although Our customer support staff strive to do their best, Client is the one who is responsible for any losses that may result from inappropriately followed advice or even appropriately followed advice that has negative consequences for Client. If Client is concerned about possible losses or errors, Client should retain Client’s own independent professional advisors or technical experts to assist Client with Client’s unique circumstances.

Client expressly acknowledges that We are not responsible for any errors, misunderstandings, incorrect/incomplete explanations or instructions, and that Our customer support is not a substitute for paid technical experts. To the extent permitted by applicable law, this support is offered to Client without warranty of any kind and shall be at Client’s risk.

No Warranty

Representations. Service is provided on an “as is” and “as available” basis without any warranty or representation expressed or implied.

Neither We make or give nor Our officers, directors, shareholders, employees, contractors and affiliates have any authority to make or give any warranties or representations, expressed or implied, including that use of Service will always be safe, secure, or error-free, or that it will function without disruptions, delays, bugs, or imperfections, as well as any statements regarding capacity, suitability for use or performance of Service, or the content presented on, or through Service, whether or not made by Us.

Specifically, Client should be careful not to assume that a price of a digital asset in Service, or of a fiat currency, is the only possible price or even a “basic” price as the actual pricing may differ in Client’s local market or may be out-of-date for Client’s use case.

It is Client’s own responsibility to check any information or materials provided via Service, it does not usually require any special knowledge or skills.

Security and lawfulness of Service and its content. We are unable to exercise control over the security and lawfulness of information passing over the network.

Service is only offered to Client if Client resides in jurisdiction where it may be lawfully offered and Client agree to be solely and fully responsible for determining whether the use of Service is compatible with laws of the jurisdiction where Client reside. The legality and compatibility with the applicable law of Client’s use of Service as well as particular way and extend of its use is at Client’s own risk.

Accuracy of Service’s content. We are constantly updating Services and services which may be offered under HAWEX trademark. Services or services represented on Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information.

Service integrates many Third-Party data sources in an effort to provide relevant data to users but this data is typically beyond Our control. We do not have any liability to Client for incorrect data and Client should verify any data Client receives through Service before acting on it.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

We do not make or give and neither Our officers, directors, shareholders, employees, contractors and affiliates have any authority to make or give any kind of representations concerning the accuracy, likely results, or reliability of the use of any materials or otherwise relating to such materials or on any sites linked to this Service.

To the fullest extent permitted by applicable law, We and Our officers, directors, shareholders, employees, contractors and affiliates disclaim all warranties and representations, whether expressed or implied (both by statute and case-law), including implied warranties of merchantability, fitness for purposes or for particular purpose, title, quality, compatibility, performance, security, accuracy and non-infringement as well as enhanced goodwill or expected benefits, including, but not limited to:

(i) Service will function uninterrupted, secure or available at any particular time or location;

(ii) any errors or defects will be corrected;

(iii) Service will be compatible with Client’s computer, device or software;

(iv) the use of Service, including, without limitation, the browsing and downloading of any information, will be free of any viruses or other destructive, intrusive, or disruptive, or harmful components;

(v) the transmission of the information to and from Service will be secure;

(vi) the use of Service will not infringe the rights (including, without limitation, intellectual property rights) of any person;

(vii) the use of Service will not cause any damage to Client’s computer systems, software or electronic files;

(viii) the content presented on Service will be accurate, beneficial or reliable;

(ix) Service will meet Client’s requirements or expectations in any way, or the result of using Service will be satisfactory and will fit Client’s expectations or requirements.

No special relationship and any kind of advice, no representations

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 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.

Limitation of liability

In no event shall Credex Multipay UAB, nor its officers, directors, shareholders, employees, contractors, 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 Credex Multipay UAB, its officers, directors, shareholders, employees, contractors, 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 EUR 100 (One hundred) for appropriately proven damage which is claimed within twelve-month period since the event.

Force Majeure

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.

Indemnification

To the maximum extent permitted by law, Client agree to release, indemnify, defend and hold harmless Credex Multipay UAB and its respective officers, agents, employees, directors, shareholders, 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 guarantee 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, donate 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.

Termination of Contract

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 from the last Client’s transaction.

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 e-mail: [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.

Changes to this Contract

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 disagrees 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.

Change of Control

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 uses Service, this Contract is governed by the laws of the Republic of Lithuania.

The competent courts of the Republic of Lithuania in Vilnius have exclusive and sole jurisdiction over any dispute, claim or controversy relating to Service or with respect to any matter relating to this Contract. You hereby expressly consent to personal jurisdiction in the Republic of Lithuania 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

Client agrees that the present Agreement, Terms, Fees and Charges, Our Privacy Policy and other notices have been drawn up in English. Although translations to other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, Client agrees that in the event of any conflict, inconsistency, contradiction, ambiguity or doubt between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.

The present Agreement, Terms, Fees and Charges, Our Privacy Policy and other notices as well as their separate provisions should be interpreted according to the ordinary natural meaning of wording, overall nature and purposes of the documents and business common sense as an ordinary reasonable and decent person would understand them.

Privacy

We respect Client’s privacy as further explained in Our Privacy Policy.

Contacting us: [email protected].