Terms and Conditions


Last updated: 2018-04-14

  1. GENERAL TERMS
    1. Welcome to H2OEx.
      1. Thank you for visiting website of H2OEx (hereinafter referred to as “H2OEX”), an online cryptocurrencies trading platform provided by and proprietary to H2OEx. By using H2OEX, you (a “User,” regardless of whether you are an individual or institution) are agreeing to be legally bound by these terms (the “Agreement”), so please read them carefully. If any term in this Agreement is unacceptable to you, please do not visit, access or use H2OEX. Use of the words “we”, “us” or “our” in this Agreement refer to H2OEX and any or all of its affiliates.
      2. General Terms of Service
        1. By visiting, accessing or using H2OEX, you have indicated that you are at least eighteen (18) years old, have the legal capacity to accept this Agreement and to agree to be bound by it in its entirety. Feel free to print and keep a copy of this Agreement, but please understand that we reserve the right to change any of these terms at any time. You have the right to receive prior notice of any material changes and you can always find the latest version of this Agreement here on this page. You will be asked to agree to the revised User Agreement prior to accessing H2OEX and your use of H2OEX following any update to this Agreement is considered to be your acceptance of any such changes. You should, therefore, read this Agreement. If you do not agree to be bound by this Agreement, you should not visit, access or use H2OEX.
        2. As used herein, “cryptocurrencies” means Bitcoin, Ether, and other mathematically-based or cryptographic protocols that are network-based and are a medium of exchange that (i) may be centralized or decentralized (but not issued by a sovereign entity), (ii) allow for borderless transfer-of-ownership, and (iii) may be used to buy goods and services. H2OEX does not provide or issue to its Users any cryptocurrencies. All cryptocurrencies exchanged or traded by and between our Registered (Tier 1), Verified (Tier 2) or Corporate Users originate from the Registered (Tier 1), Verified (Tier 2) or Corporate Users themselves.
        3. Initial Coin Offerings and Blockchain Tokens
          1. H2OEX offers on its platform the ability for Registered (Tier 1), Verified (Tier 2) or Corporate Users to exchange tokens from Initial Coin Offerings. An “Initial Coin Offering” (“ICO”) is a crowdfunding method that distributes Blockchain Tokens (“Tokens”) in exchange for a donation in a crowdfunding project.
          2. It is customary for some projects to keep their ICO Tokens non-transferable until a milestone has been set by the project. Those tokens will however be tradeable on the H2OEX platform for credit on the User’s Account.
        4. Underwriting of ICOs
          1. H2OEX will offer to its select Registered (Tier 1), Verified (Tier 2) or Corporate Users the opportunity to invest in a designated ICO, should the User express an interest in the ICO investment, H2OEX will negotiate with the ICO Offeror for a guaranteed number of Tokens for a fixed price.
          2. Terms and Conditions of ICO Underwriting Investment. The terms of each ICO Underwriting will vary and it is the Registered (Tier 1), Verified (Tier 2) or Corporate Users’ responsibility to affirm and understand the terms of the ICO before making investment decisions. Subject to our ICO Investment Advice Policy, H2OEX ’s invitation to participate in the ICO shall not be construed as investment advice.

 

  1. USERS AND ACCOUNTS
    1. User is required to sign up before any actual trading activities. For trading involves fiat currencies, user would be required to provide a copy of address proof (any utility bills issued within 3 months) and a copy of photo identity card or valid travel document.

 

  1. REGULATORY COMPLIANCE AND VERIFICATION
    1. Compliance
      1. Our AML Policy contains Anti-Money Laundering (“AML”) AML and Counter-Terrorist Financing (“CTF”) provisions, as mandated by the Money Service Operator Ordinance (“MSO”), the Anti Money Laundering and Counter-Terrorist Financing Ordinance (“AMLCTFO”) and other relevant Hong Kong and International Law, and any other rules and regulations regarding AML. These standards are designed to prevent the use of H2OEX services to aid money laundering or terrorist financing activities. It is our policy to take all necessary steps to prohibit fraudulent transactions, report suspicious activities, and actively engage in the prevention of money laundering and related acts that facilitates money laundering, terrorist financing or any other financial crimes.
      2. In the event that you are suspected of being in breach of any AML compliance provisions, you agree that we have the right to suspend your transaction, User Account and access to H2OEX, until a thorough investigation in partnership with Law Enforcement Agencies has taken place.
      3. Should your User Account or any other account registered to or associated with the same H2OEX Account be proven to be in breach of any such provision, you agree that we have the right to close your User Account.
      4. In the event that you are the owner and/or designated representative of a H2OEX Account that is or has any associated account suspected of being in breach of any AML compliance provision, you agree that we have the right to suspend the associated H2OEX Account, all its associated accounts, and your access to H2OEX, until a proper investigation has taken place. Should this H2OEX Account or any associated account be proven to be in breach of any such provision, you agree to forfeit any and all funds in the Fiat Account and/or Cryptocurrencies Account associated with this H2OEX Account to the appropriate authorities.
      5. Our AML Policy also focuses on the detection and prevention of fraudulent activity in the following ways:
        1.  Identification and assessment of fraud-related risk areas;
        2. Procedures and controls to protect against identified risks;
        3. Allocation of responsibility for monitoring risks; and
        4. Procedures for the periodic evaluation of revision of the anti-fraud procedures, controls and monitoring mechanisms.
    2. Applicable Rules and Regulations for Transactions
      1. All of your Orders or requests that are facilitated by H2OEX or its managers, directors, officers, employees, consultants, agents, advisors, financial institutions with which we work, licensors, licensees, or its or their affiliates (collectively, “H2OEX”) shall be subject to all laws, regulations, and rules of any applicable governmental or regulatory authority, including but not limited to, money service operator business regulations under the Money Services Operators Ordinance, the relevant regulations of the Hong Kong Customs and Excise Department and AML/CTF provisions as mandated by Hong Kong Law and any other rules and regulations regarding AML/CTF.
      2. As such, legislative and regulatory changes or actions at the local or international level may adversely affect the use, transfer, exchange, and value of your cryptocurrencies.

 

 

4. EXCHANGE OPERATIONS AND ORDERS PROCESSING

4.1. Transactions

4.1.1.

4.1.2.

4.1.3.

4.1.4.

4.1.5. H2OEX reserves the right to reject or cancel Orders made and/or pending during downtime. Certain deposit or withdrawal requests for both cryptocurrencies and fiat currencies may not be processed outside of normal banking hours.

4.1.6. Orders may be subject to delays, difficulties, and/or conditions affecting transmission or execution of Orders over which H2OEX has no control, including but not limited to, mechanical or electronic failure or market congestion. We are not liable for any delays, difficulties or conditions adversely affecting transmission or execution of Orders. H2OEX shall not be liable for any refunds as a result of the technical issues outlined above.

4.1.7. We may require you to confirm your Order request via telephone or by other forms of authentication prior to execution if it is deemed suspicious.

  1. ACCESS LOG-IN, AUTHENTICATION, AND COMMUNICATION
    1. Authorized Access to H2OEX and Security
      1. Once we approve your User Account and its associated H2OEX  Account, you will be provided online access to H2OEX based on your User Account login credentials and required additional layers of authentication.
      2. We suggest the use of multi-factor authentication to keep you and your accounts safe and secure. As a result, you should always use at least two (2) forms of authentication when accessing your User Account and performing certain account operations. Forms of multi-factor authentication in addition to your login credentials may include verification tokens delivered through our supported two-factor authentication (“2FA”) application.
      3. If you choose to install and use a 2FA application on a device (e.g., phone or tablet) on which the operating system has been tampered with in any way, you do so at your own risk. This includes, but is not limited to, a “rooted” (Android) or “jailbroken” (iOS) device. We reserve the right in our sole discretion to prohibit access from or by any device on which the operating system has been or is suspected of having been modified or tampered with. We may provide your 2FA data to a third party service provider in order to help us authenticate you.
      4. Your User Account login credentials and forms of multi-factor authentication, where applicable, have been chosen by you and allow you to access H2OEX and the services we provide. You, therefore, agree to keep your User Account login credentials and forms of multi-factor authentication confidential and separate from each other, as well as separate from any other information or documents relating to the associated H2OEX Account. You also agree to be solely responsible for maintaining the security of your User Account login credentials and forms of multi-factor authentication. Unfortunately, we cannot be responsible for any unauthorized use of your User Account or any other accounts associated with the same H2OEX Account.
    2. Email Address Communication
      1. You understand and agree that all communication with you will be via electronic communication, that we consider the email address you have provided to be your primary means for electronic communication and we will use this email address to provide you with account-related notices and Order Receipts. We may also use this email address for other communications, including notices regarding this Agreement, your User Account, and the associated H2OEX Account.
      2. Change of Email Address Policy, for security purposes, should a verified user wish to change his/her email address, he/she must make such request by email and schedule a video conference with our compliance officer.
      3. Delivery of any notice to the email address on record with your User Account or the associated H2OEX Account will be considered valid. If any email is returned as undeliverable, we retain the right to block access to your User Account and the associated H2OEX Account until you provide and confirm a new email address.

 

  1. FEES
    1. Transaction Fees Schedule
      1. Our transaction fees include but not limited to trading commission, fees for deposits and withdrawals, ICO handling charges. No additional fee is charged except for any possible service charge of handling in person.
      2. We reserve the right to change, modify or increase our Fees at any time. Any change to the Fees, including adjustments to any of the tiers or rates, will be effective without any notice.
      3. Your use of H2OEX following any update to our Fees is considered to be your acceptance of any such changes.
      4. You agree to pay all Fees associated with or incurred by your H2OEX Account, the Orders you enter into, and the services you receive.

 

  1. FUNDS AND DEPOSITS
    1. Source of Funds
      1. You agree, represent and warrant that no funds transferred to us, either in Fiat Currencies or Cryptocurrencies, are the direct or indirect proceeds of any criminal or fraudulent activity.

 

  1. PRIVACY AND DATA PROTECTION
    1. Privacy of Information
      1. We collect your personal information when your transactions involve fiat currencies. You acknowledge that the information is only for our record.
      2. In addition, you acknowledge and agree that we will share information concerning you (i) with our financial institutions and appropriate local and foreign regulatory authorities in connection with providing the services contemplated by this Agreement and (ii) in response to a court or government order.
      3. We may also disclose information about you and your accounts to any of the H2OEX associates in accordance with the Privacy (Data Protection) Ordinance (“PDPO”) applicable laws, our Privacy Policy and customary banking practices.
      4. Lastly, you agree that we may obtain and use such information as may be necessary for legitimate business needs in connection with the operation of H2OEX. For more details regarding what information we collect and how we treat your information please refer to our Privacy Policy.

 

  1. Account Services
    1. Account Balances
      1. Account Balances and Order Histories are provided to our Registered (Tier 1), Verified (Tier 2) or Corporate Users via our H2OEX platform. Such account balances will contain the balances present in your Cryptocurrencies Accounts and Fiat Accounts and will list all Orders (including partially filled Orders) and any pending requests.
      2. Please note that neither Account Balances, Order Histories nor any other documentation from us will provide valuations of your H2OEX Account.
      3. We intend for the information contained in Account Balances and Order Histories to be accurate and reliable, however, please understand that errors may sometimes occur. Therefore, we disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to such information.
      4. Any Order that has been executed shall be bound to the actual means and results of its execution regardless of any discrepancies between the execution and the reporting for that Order that may occur. We retain the right to enter pricing, Order, and reconciliation adjustments to your Fiat and/or Cryptocurrencies Accounts as necessary and appropriate.
      5. Every transaction indicated or referred to in any Account Balance, Order History, or other communication shall be deemed and treated as authorized and correct as ratified and confirmed by you unless we receive written notice to the contrary within three (3) business days from the completion of the transaction.
    2. Account Review and Acknowledgement
      1. It is important for you to understand that it is your sole responsibility to access your H2OEX Account and review Order Histories on a regular basis, and that you will be deemed to have accessed your H2OEX  Account and reviewed this information on at least a monthly basis. If for any reason you are unable to do so, or do not have account notifications turned on or deliverable, it is your responsibility to notify us immediately at [email protected]h2oex.com.
      2. You understand that every Order History or other communication sent to or accessed by you will be deemed to have been acknowledged as correct, approved and consented to by you unless we have received written notice to the contrary within three (3) business days from the date received.
      3. We retain the right to enter pricing, order, and reconciliation adjustments as necessary and appropriate.

 

  1. RISK DISCLOSURE
    1. Trading Bitcoin, Ether, or any other cryptocurrencies carries a high level of risk, and may not be suitable for you. You should be aware that you may sustain a total loss of the asset. When accessing or using H2OEX, please consider the following risks:
      1. The risk of loss in trading cryptocurrencies may be substantial and losses may occur over a short period of time;
      2. The price and liquidity of cryptocurrencies has been subject to large fluctuations in the past and may be subject to large fluctuations in the future;
      3. Legislative and regulatory changes or actions in your local jurisdiction or at the international level may adversely affect the use, transfer, exchange and value of cryptocurrencies;
      4. Cryptocurrencies are not legal tender, are not backed by any government, and Cryptocurrencies Accounts and value balances are not subject to the U.S.A. Federal Deposit Insurance Corporation or the U.S.A. Securities Investor Protection Corporation or the Hong Kong Deposit Protection Board protections; transactions in cryptocurrencies may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable; some cryptocurrencies transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiate the transaction;
      5. The value of cryptocurrencies may be derived from the continued willingness of market participants to exchange fiat currencies for cryptocurrencies, which may result in the potential for permanent and total loss of value of a particular cryptocurrency should the market for that cryptocurrency disappear;
      6. The nature of cryptocurrencies may lead to an increased risk of fraud or cyber- attack, and may mean that technological difficulties experienced by H2OEX may prevent the access to or use of your cyptocurrencis;
      7. The prices quoted on H2OEX may not necessarily reflect the broader market.
      8. The use of electronic trading systems and communication networks to facilitate trades exposes you to risks associated with the system including the failure of hardware and software system or network down timed access or connection failures. You acknowledge that H2OEX will not be responsible for any services disruptions, errors or delays that you may experience while using its services.
      9. If you are located in Hong Kong, please take note of the Hong Kong Government risk warning on virtual commodities.
    2. YOU ACKNOWLEDGE AND AGREE TO ACCESS AND USE H2OEX AT YOUR OWN RISK. THE POINTS NOTED ABOVE APPLY TO ALL TRADING PAIRS AVAILABLE ON H2OEX. HOWEVER, THIS BRIEF STATEMENT DOES NOT DISCLOSE ALL OF THE RISKS ASSOCIATED WITH TRADING CRYPTOCURRENCIES. YOU SHOULD, THEREFORE, CAREFULLY CONSIDER WHETHER SUCH TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR CIRCUMSTANCES AND FINANCIAL RESOURCES. PLEASE CAREFULLY CONSIDER YOUR INVESTMENT OBJECTIVES, LEVEL OF EXPERIENCE, AND RISK APPETITE BEFORE USING ANY OF OUR SERVICES. SEEK ADVICE FROM AN INDEPENDENT FINANCIAL AND/OR LEGAL ADVISOR IF YOU HAVE ANY DOUBTS.

 

  1. PUNCTUALITY OF INFORMATION
    1. Third Party Information Accuracy and Usage
      1. An information provider is any company or person who directly or indirectly provides us with information (“Information Provider”). Such information could include overall market data, quotations from other exchanges, markets, dealers and/or miners of cryptocurrencies.
    2. H2OEX Information Accuracy, Liability and Risks
      1. While we strive to provide you with accurate information, we cannot guarantee that information on H2OEX will always be accurate. As a result, we are not liable to you, any other person or any institution:
        1. For the accuracy, completeness, timeliness or correct order of information;
        2. For any changes or updates to this Agreement, including to our Fees, with or without notice;
        3. For any decision you make or action you take by relying on any of the information on H2OEX;
        4. For any transaction you initiate or attempt that is not completed;
        5. For any transaction that is completed;
        6. For the price at which you buy or sell cryptocurrencies on H2OEX;
        7. If you are not able to buy or sell cryptocurrencies on H2OEX;
        8. For any law, rule, regulation, action, enforcement or order in your jurisdiction that makes the use, ownership, purchase or sale of cryptocurrencies illegal or impermissible; and
        9. For any failure set forth in the Ordinary Care section of this Agreement.
      2. Please also note the risks incurred with accessing or using H2OEX as stated in our Risk Disclosure (section 10 above).
      3. You acknowledge that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for you, and that H2OEX does not give advice or recommendations regarding cryptocurrencies including the suitability and appropriateness of, and investment strategies for, cryptocurrencies. You acknowledge and agree that you shall access and use H2OEX at your own risk.
    3. Accessing H2OEX Servers
      1. Under no circumstances may you enter restricted areas of any computer or network of H2OEX or any of its parties, or perform any functions that are not authorized under this Agreement. It is strongly recommended that you do not access H2OEX from an unsecured or public computer and/or network.
      2. We may suspend and/or terminate your access to H2OEX without notice if:
        1. we believe that you and/or another User associated with your H2OEX  Account are attempting to gain unauthorized access;
        2. we are instructed to do so by an authorized H2OEX  Account signatory;
        3. we believe that you are using H2OEX , your User Account login credentials, or other account information in an unauthorized or inappropriate manner; or
        4. there is unusual activity in or relating to your User Account, the associated H2OEX  Account or any other associated account.
      3. Notwithstanding the above, you are responsible for monitoring your User Account and the associated H2OEX Account and should promptly report any unauthorized or suspicious activity in your account to us at [email protected].
    4. Service Modifications and Interruptions
      1. We may modify any or all of H2OEX services without notice. Part of or all of H2OEX services may momentarily be unavailable during planned or unplanned downtime. You acknowledge and agree that H2OEX is not liable or responsible to you for any inconvenience or damage to you as a result of such downtime.

 

 

  1. INTELLECTUAL PROPERTY AND RELATED RIGHTS
    1.  Proprietary Rights and Limitations On Use of the Platform
      1. H2OEX website and trading platform is our proprietary platform. All rights are reserved. H2OEX is protected by copyright and other intellectual property laws.
      2. You agree not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from, or store H2OEX (or any portion thereof, including H2OEX source code or data or other information provided via H2OEX), without the express prior written consent of the H2OEX Parties. You may not use H2OEX for any unlawful purpose.
    2. License to use H2OEX Platform
      1. We hereby grant you a non-assignable and non-exclusive personal, worldwide, royalty-free license to use H2OEX and to access data and other informational content through H2OEX consistent with this Agreement. All other uses are prohibited. All rights in and to H2OEX, and not granted herein, are reserved.
    3.  Trademark Rights
      1. H2OEX and the H2OEX logo (whether registered or unregistered) (the “Marks”) are proprietary Marks licensed to H2OEX and protected by applicable trademark laws. Nothing contained in this Agreement should be construed as granting any license to or right to use any of the Marks displayed here without our express written consent. Any unauthorized use of our Marks is strictly prohibited.
    4.  Third Party Intellectual Property Rights
      1. Also, you may not use any of our Marks in connection with the creation, issuance, sale, offer for sale, trading, distribution, solicitation, marketing, or promotion of any investment products (e.g., cryptocurrencies, fiat currencies, securities, commodities, investment or trading products, derivatives, structured products, investment funds, investment portfolios, commodity pools, swaps, securitizations or synthetic products, etc.), including where the price, return, and/or performance of the investment product is based on, derived from, or related to H2OEX or any portion thereof, without a separate written agreement with us. We may use technology that is the subject of one or more pending patent applications.
    5.  Third Party Websites
      1.  H2OEX may link to other websites operated by or with content provided by third parties, and such other websites may link to our website. H2OEX has no control over any such other websites or their contents and will have no liability arising out of or related to such websites or their contents. The existence of any such links does not constitute an endorsement of such websites, the contents of the websites or the operators of the websites. H2OEX is providing these links to you only as a convenience.
    6.  Submissions to H2OEX
      1. H2OEX cannot agree to obligations of confidentiality or nondisclosure with regard to any unsolicited information you submit to us, regardless of the method or medium chosen. By submitting unsolicited information or materials to the H2OEX, you or anyone acting on your behalf, agree that any such information or materials will not be considered confidential or proprietary.
      2. H2OEX does not provide any facility for sending or receiving private or confidential electronic communications. You should not use H2OEX to transmit any communication for which you intend only you and the intended recipient(s) to read. Notice is hereby given that all exchanges and other content entered into H2OEX can and may be read by the H2OEX Parties, regardless of whether they are the intended recipients of such messages.

 

  1. SYSTEMS OPERATIONS
    1. System Disruptions or Malfunctions
      1. We reserve the right to reverse and/or cancel one or more Orders in the event of (i) any disruption or malfunction in the operation of any electronic communications, trading facilities, storage facilities, recording mechanisms or other components of or integral to H2OEX or of cryptocurrencies, (ii) any other severe business disruption to H2OEX, its systems or cryptocurrencies, where the nullification of transactions may be necessary for the maintenance of a fair and orderly market or the protection of you and the public interest.
      2. If such a disruption or malfunction occurs, our Chief Executive Officer, President and (or their designees), or others as may be designated by our Board of Directors, may review such Orders and declare such Orders arising out of the operation of H2OEX during such period null and void.
      3. Absent extraordinary circumstances, any such action of the Chief Executive Officer, President and (or their designees), or the designees of the Board of Directors, pursuant to this paragraph will be taken within thirty (30) business days of detection of the erroneous transaction or disruption or malfunction. We will notify you if you are involved in any such event as soon as practicable.
    2.  Systems Not Guaranteed
      1. H2OEX uses commercially reasonable efforts to provide the trading service. From time to time, interruptions, errors or other deficiencies in service may occur due to a variety of factors, some of which are outside the control of H2OEX. These factors can contribute to delays or errors in service or system outages.
      2. In no event will we, or our affiliates, be liable to you or others for any damages, direct, indirect, consequential or special, including, without limitation, all losses, costs, expenses, loss of profits, loss of business revenue or failure to realize expected savings arising from or out of the existence, furnishing, or functioning of H2OEX, or any act or omission in connection with your accessing H2OEX.
      3. We are not liable by reason of acting or failing to act due to an error in an Order request actually received by us, or as a result of an Order request not being received by us. We, or our affiliates, are not responsible for any losses, damages or personal injury that any person suffers as a result of you accessing H2OEX.
  2. DISCLAIMERS, WARRANTIES AND INDEMNITIES
    1. Ordinary Care
      1. You acknowledge and agree that the H2OEX Parties cannot be held responsible for any failure or delay to act by H2OEX, our Banks, or any other participant in any transaction within the time limits prescribed by law or permitted by this Agreement that is caused by your negligence.
      2. H2OEX also cannot be held responsible for any failure or delay caused by an interruption to one of our communication facilities, suspension of payments by another financial institution or one of our Banks, or in the event of any act, condition or cause beyond our reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake or other acts of God, fire, water, war, acts of war, terrorist activities, insurrection, riot, labour dispute or strike, action of government, utility or other service outages or failures, or emergency conditions.
      3. In addition, the H2OEX cannot be held responsible for any “System Disruptions or Malfunctions” (as defined in this Agreement) or “System Failure” (defined as a failure of any computer hardware or software used by H2OEX or any telecommunications lines or devices used by H2OEX), which prevents us from fulfilling our obligations under this Agreement or other circumstances beyond the control of H2OEX, provided we exercised reasonable diligence as such circumstances would reasonably require. Accordingly, we shall not bear any liability, whatsoever, for any damage or failure caused by any computer viruses, spyware, worms, Trojan horses, or other malware that may affect computers or other devices, or any spoofing, phishing or any other attack.
      4. Furthermore, you agree that any act or omission made by H2OEX or one of our Banks in reliance upon or in accordance with any provision of any rule or regulation of Hong Kong, Hong Kong Customs and Excise or any other regulatory agency having jurisdiction over such party shall constitute ordinary care.
    2. Legal Costs
      1.  You agree to indemnify H2OEX for legal costs and expenses directly related to the structuring, support and/or defence of any of your transactions made with H2OEX, and for costs and expenses related to any regulatory inquiry, legal action, litigation, dispute, or investigation whether such situations occur or are anticipated.
      2. As a result, we will be entitled to charge you for such costs without notice, including legal and enforcement related costs that we incur.
    3.  Recording and Archiving
      1.  You acknowledge and agree that for our mutual protection we may electronically record any of our conversations with you and archive all online transactions, communications and information relating to your transactions and/or your use of H2OEX.
    4.  Tax Advice and Information
      1.  You acknowledge and agree that H2OEX does not provide legal, tax or investment advice, and to the extent you deem necessary, you will consult with corporate professionals in your own jurisdiction prior to using H2OEX or implementing any financial plan.
    5.  Non Solicitation
      1.  All Orders received through H2OEX will be considered unsolicited, which means that you have NOT received any investment advice from us nor any of our affiliates in connection with any of your Orders, and that we will not conduct a suitability review of any such Orders. You also acknowledge and agree that you have NOT and do not expect to receive any investment advice from us nor any of our affiliates in connection with your Orders. In addition, your review of our Blog and/or FAQ does not constitute any solicitation or investment advice.
    6. Investment Advice
      1. All investment decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no responsibility whatsoever for and shall in no circumstances be liable to you in connection with such decisions. Under no circumstances will the operation of H2OEX be deemed to create a relationship that includes the provision or tendering of investment advice.
    7. Sophisticated Investing
      1.  You acknowledge and agree that by using H2OEX and entering Orders, you have sufficient knowledge to make such Orders. You are responsible for making sure that any Orders entered on H2OEX are accurate and intentional. We may, in some cases, and at our discretion, require secondary electronic, verbal, written or other confirmation before acting if your account activity is outside of your normal range of activities.
      2.  The information and services provided on H2OEX are not provided to, and may not be used by, any individual or institution in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory organization or where H2OEX is not authorized to provide such information or services. H2OEX may not be available in all jurisdictions.
    8. Written Notice
      1. If we send an email to the email address on record with your User Account, this will constitute “written notice” from us to you. If you email us at [email protected].com, this will constitute “written notice” from you to us. For all notices made by email, the date of receipt will be considered to be the date of transmission.
    9. Indemnities
      1. The H2OEX Parties shall not be liable for any act, omission, error of judgment or loss suffered by you in connection with this Agreement. You acknowledge and agree to indemnify and hold harmless the H2OEX Parties from or against any or all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses, including reasonable attorneys’ fees, rights, claims, disbursements or actions of any kind and injury (including death) arising out of or relating to your use of H2OEX or our performance or non- performance of duties.
    10. Disclaimer of Warranties and Liability
      1. The H2OEX Parties are not giving investment advice, tax advice, legal advice, or other professional advice by allowing you to use H2OEX or providing the services herein, the ability to purchase or sell cryptocurrencies or the storage of cryptocurrencies or fiat currencies, and the H2OEX do not recommend, or endorse that you purchase or sell cryptocurrencies, including Bitcoin, Ether or any other asset or make any investment. Before engaging in any trading or investment activity, you should consult a corporate professional.
      2. THE SERVICES THAT WE PROVIDE THROUGH H2OEX ARE PROVIDED TO YOU ON A STRICTLY “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. THE H2OEX PARTIES DO NOT REPRESENT OR WARRANT TO THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF H2OEX OR THE INFORMATION CONTAINED THEREIN OR SERVICES CONTAINED THEREON. THE H2OEX PARTIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF H2OEX OR ANY SERVICES PROVIDED BY THE H2OEX, INCLUDING ANY LOSS CAUSED IN WHOLE OR PART BY ANY INACCURACIES OR INCOMPLETENESS, DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM THE NEGLIGENCE OF THE H2OEX PARTIES OR CONTINGENCIES BEYOND THEIR CONTROL IN PROCURING, COMPILING, INTERPRETING, COMPUTING, REPORTING, OR DELIVERING H2OEX, THE SERVICES THEREON OR THE INFORMATION THEREIN. IN NO EVENT WILL THE H2OEX PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON, OR IN CONNECTION WITH YOUR USE OF H2OEX, THE SERVICES THEREON OR THE INFORMATION THEREIN.
      3. IN NO EVENT WILL THE H2OEX BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND EVEN IF THE H2OEX HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. WE CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO H2OEX.
    11. Legal Process
      1. We may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant or other legal process, which such party reasonably and in good faith believes to be valid. We may, but are not required to, notify you of such process by telephone, electronically or in writing.
      2.  If we are not fully reimbursed for our record research, photocopying and handling costs by the party that served the process, we may charge such costs to you, in addition to any legal process fees.
      3.  You agree to indemnify, defend and hold the H2OEX harmless from all actions, claims, liabilities, losses, costs, attorney’s fees, and damages associated with our or their compliance with any process that such party believes reasonably and in good faith to be valid.
      4. You further agree that we and our financial institutions may honour legal process that is served personally, by mail, or by facsimile transmission at any of our or their respective offices (including locations other than where the funds, records or property sought is held), even if the law requires personal delivery at the office where your H2OEX records are maintained.

 

  1. ACCOUNT SUSPENSION OR CLOSURE
    1. Account Closure
      1. You may close your User Account and/or your H2OEX Account at any time by providing written notice to us at [email protected]. Closing your User Account and/or H2OEX Account will not affect any rights and obligations incurred prior to the date of your H2OEX Account being closed.
      2. You will be required to either cancel or complete all open Orders and, in accordance with the provisions of this Agreement, provide transfer instructions of where to transfer any fiat currencies and/or cryptocurrencies remaining in your Fiat Account or Cryptocurrencies Account.
      3. You are responsible for any Fees, costs, expenses, charges or obligations (including but not limited to, attorney and court fees or transfer costs of fiat currencies or cryptocurrencies) associated with closing your H2OEX Account. In the event that your account closing costs exceed the value in your H2OEX Account, you will be responsible for reimbursing us.
      4. You may not cancel your User Account and/or your H2OEX Account to avoid paying any fees otherwise due or any examination as part of our AML Policy.
    2. Account Suspension, Termination and Cancellation
      1. We may discontinue, terminate, suspend, or change any aspect of H2OEX, or its availability to you, at any time without notice.
      2. In addition, we reserve the right to suspend, modify, deactivate or terminate your User Account and the associated H2OEX Account as well as your access to all or any portion of H2OEX immediately and without notice if (i) you violate any provision of this Agreement; (ii) we in good faith suspect that your account is in breach of our AML Policy; (iii) we are required to do so by a regulatory authority, court order, facially valid subpoena or binding order of a government authority; (iv) you or your accounts are subject to any pending litigation, investigation or governmental proceeding; or (v) for any other reason that we may reasonably conclude.
      3. Your right to use H2OEX is subject to any limits established by us in our sole discretion. If your H2OEX Account or User Account is closed, a notice of closure shall be sent to the email address on record associated with your H2OEX Account or User Account, as applicable.
      4. In addition, if you do not log into your H2OEX Account or User Account for one (1) year then, H2OEX may close your H2OEX Account and User Account.
      5. Subject to the provisions of this Agreement, you agree, as the owner and/or designated representative of your H2OEX Account and/or User Account, that if your H2OEX Account or User Account is closed for any reason and unless otherwise required by law, court order or subpoena, H2OEX is authorized to either (i) send any remaining cryptocurrency to a cryptocurrency address that you provide within forty-eight (48) hours of receiving notice of your H2OEX  Account or User Account being closed or (ii) sell any remaining cryptocurrencies on the open market and deposit the proceeds in the Fiat Account associated with your H2OEX  Account. The total amount of fiat currencies in your Fiat Account, less any applicable fees, will be distributed to you via bank wire transfer to the User Bank Account on record for your H2OEX Account.
    3. Unclaimed Funds
      1. In the event that your H2OEX Account or User Account is closed for any reason, H2OEX may be required to report any remaining funds in your Fiat Account as well as the Hong Kong Dollar, U.S. Dollar, Chinese Yuan equivalent of any remaining cryptocurrencies in your Cryptocurrencies Account, as unclaimed property.
      2. If this occurs, H2OEX will use reasonable efforts to notify you at the email address shown in H2OEX ’s records. If you fail to respond to any such notice within forty-eight (48) hours, or as otherwise required by law, H2OEX may be required to deliver any such funds to Hong Kong Authorities as unclaimed property. H2OEX reserves the right to deduct an administrative fee resulting from such unclaimed funds, as permitted by applicable law.

 

  1. MISCELLANEOUS TERMS
    1. Additional Terms
      1. The terms set out in this Agreement govern your use of H2OEX and the services that we provide. Once you visit our website and related pages on social media, you agree to be bound by the terms of this Agreement and acknowledge that you have received the disclosures set forth herein. If you do not agree to the terms of this Agreement, please do not visit, access or use H2OEX or the services that we provide.
      2. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
      3. This Agreement constitutes the entire agreement between you and the H2OEX Parties, relating to your use of or participation in H2OEX and this Agreement supersedes any and all other agreements, oral or in writing, with respect thereto between you and the H2OEX Parties.
      4. The failure of any of the H2OEX Parties to insist upon strict compliance with any term or provision shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision.
      5. This Agreement shall not be construed to waive rights that cannot be waived under applicable state and federal laws.
      6. This Agreement, or your rights and obligations hereunder, may not be transferred by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void. This Agreement shall be binding and inure to the benefit of the parties hereto, our successors and permitted assigns.
      7. 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 you as part of such merger, acquisition, sale or other change of control.
      8. The provisions of this Agreement shall survive the termination or expiration of this Agreement.
    2. Jurisdiction and Choice Law
      1. You agree that your obligations and the obligations of each User set forth in this Agreement are necessary and reasonable in order to protect the H2OEX and our business. You expressly agree that due to the unique nature of our business, monetary damages would be inadequate to compensate us for any breach by you of your covenants and agreements set forth in this Agreement. Accordingly, you acknowledge and agree that any such violation or threatened violation shall cause irreparable injury to the H2OEX and that, in addition to any other remedies that may be available, in law, in equity or otherwise, the H2OEX shall be entitled to obtain injunctive relief against the threatened breach of this Agreement or your continuation of any such breach, without the necessity of proving actual damages.
      2. This Agreement, your use of H2OEX, your rights and obligations, and all actions contemplated by, arising out of or related to this Agreement shall be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong SAR”), as if this Agreement are a contract wholly entered into and wholly performed within the Hong Kong SAR.
      3. Any controversy, claim or dispute arising out of or relating to this Agreement or the breach thereof shall be settled solely and exclusively by binding arbitration held in the Hong Kong International Arbitration Centre (“HKIAC”), administered by HKIAC and conducted in English. You expressly agree that any dispute about the scope of this Agreement to arbitrate and/or the arbitrability of any particular dispute shall be resolved in arbitration in accordance with this section. In the event that you threaten to litigate a dispute in court, we may institute arbitration to enjoin you from filing a complaint or petition in court; provided, however, that any of the H2OEX Parties may, without inconsistency with this arbitration provision, apply to any court for a preliminary remedy, i.e., equitable or injunctive relief, or to seek enforcement of the arbitral award. You expressly agree that an arbitrator may issue all appropriate declaratory and injunctive relief necessary to ensure the arbitration of disputes. Any such arbitration shall be conducted in accordance with the then prevailing HKIAC Arbitration Rules & Procedures.
      4. YOU AGREE THAT ALL ORDERS, DEPOSITS, WITHDRAWALS OR SALES ON H2OEX AND CONTEMPLATED ACCORDING TO THE TERMS OF THIS AGREEMENT SHALL BE DEEMED TO HAVE OCCURRED IN HONG KONG SAR AND BE SUBJECT TO THE INTERNAL LAWS OF HONG KONG SAR WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.
      5. You agree that this section of this Agreement has been included to rapidly and inexpensively resolve any disputes with respect to the matters described herein, and that this section shall be grounds for dismissal of any court action commenced by you with respect to a dispute arising out of such matters.
      6. Section headings in this Agreement are for convenience only, and do not govern the meaning or interpretation of any provision of this Agreement.
    3. Supplemental Terms
      1. Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein. Except for the indemnity and exculpation provisions herein, nothing expressed in, mentioned in, or implied from this Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement to enforce any of its terms which might otherwise be interpreted to confer such rights to such persons, and this Agreement and all representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the exclusive benefit of you and H2OEX.
      2. Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to their definitions and interpretations in the English language.
    4. QUESTIONS AND CONTACTS
      1. Questions, Feedback and Complaints If you have any questions or would like more information about H2OEX, please feel free to contact us at [email protected]