Welcome to SmartHEx!

By accessing this website ( www.smarthex.io ), and or creating an account, or using any other features or products such as downloading our mobile applications on Google Play Store or Apple App stores offered by (we/us) on this website as may be made available from time to time, you accordingly give your consent to the Terms and Conditions herein stated (also referred to as the Terms ).

PLEASE NOTE THAT BY AGREEING TO THESE TERMS AND CONDITIONS, A LEGALLY BINDING CONTRACT IS CREATED BETWEEN SMARTHEX (WHICH SHALL WHERE APPROPRIATE INTERCHANGEABLY BE USED AS WE OR US) AND THE USER (YOU). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT ACCESS THE SITE.  If you have also created a SmartHEx account on this site, you can deactivate it at any time.

SmartHEx may amend or make modifications where applicable to these terms and conditions at any time, and such modifications shall be deemed effective upon posting of same on the site. You may review the modified terms and conditions on a periodic basis to be aware of such modifications or amendments, and your continued access or use of the site, shall also be deemed conclusive proof of your acceptance of these terms and conditions as amended or modified from time to time. SmartHEx also reserves the right to suspend the operation of this site for purposes of carrying out support or technical upgrades, periodic maintenance work for purposes of updating the contents therein or for other purposes deemed necessary by SmartHex.

1. DEFINITIONS

(a) SmartHEx : SmartHEx is a company with business interests in real estate and cryptocurrency related matters.

(b) User : This shall refer to You, provided your use of our services is not prohibited to you by applicable and relevant laws of your country, and you are eligible to access and use our services.

(c) Eligibility : To access the Site and make use of the services available to users, you represent to us that you are at least 18 years old and have the legal capacity to enter a binding contract with us. If you are below the age of 18 or otherwise ineligible, you will be prohibited from accessing the site or our services in their entirety.

(d) Services :

i. Real Estate:  Our real estate service offers users access to home sales and listings, commercial sales and leasing, property development and management, and other services as may be stated on the Site as being available to users, customers or subscribers, from time to time. 

ii. SMHX:  Digital assets, virtual currency, or cryptocurrency specifically available to exclusive subscribers of SmartHEx real estate services to be used for physical and virtual projects, and for listing on various exchange platforms for public accessibility, trade, and exchange in the execution of financial transactions between SmartHEx and Subscribers or Users and other services with SmartHEx.

iii. SMHX Account:  This is an account created and held by SmartHEx for use as a digital currency to make payments for services rendered by us to you. Its access, use, and or deletion is in the total control of the User. SmartHex has no authorization whatsoever nor access to your SMHX account nor will we initiate any transactions from your SMHX account.

iv. Holder:  This shall refer to subscribers of the token, SMHX exclusively provided for use in transactions between SmartHEx and users/subscribers alike.

v. Content: All text, graphics, user interfaces, pictures, trademarks, logos, music, sound code, artwork including but not limited to the design, structure, selection, expression and arrangement of such content on the Site and mobile applications and other products of SMartHEx are owned, controlled or licensed by or are the intellectual property of SmartHEx and are protected by copyright, patent and trademark laws, as well as other intellectual property rights and unfair competition laws guiding businesses in the world.

2. RISK ACKNOWLEDGMENT

(a) The User acknowledges that the value of a virtual currency is highly volatile, the value of which can always go up or come down at any time and there can be substantial risk that you lose money buying, selling, holding, or investing in SMHX.

(b) Virtual currencies are generally not regulated, and any protection related to financial services are inapplicable to the purchase or sale of virtual currencies.

(c) You should carefully analyze your financial condition and circumstances to properly determine whether the trading of SMHX is suitable for you.

(d) SmartHEx does not own or control the underlying software protocols which govern the operation of virtual currency, as these protocols can be used, copied, adapted, modified, or distributed by anyone. We do not assume any responsibility for the operation of underlying software protocols and are not capable of guaranteeing functionality, security, or availability. You acknowledge and accept the risk that underlying software protocols relating to SMHX or any virtual currency stored in your virtual currency wallet may change.

(e) Once a withdrawal of virtual currency has been initiated from your account, SmartHEx has no way of reversing the transaction once done. You acknowledge that you alone bear all the responsibilities of any transactions carried out on your SMHX account.

(f) BY OPENING A SMHX ACCOUNT, YOU HEREBY ACKNOWLEDGE YOUR QUALIFIED ACCEPTANCE AND UNDERSTANDING OF THE RISKS ASSOCIATED WITH VIRTUAL CURRENCY AND USE OF SMHX TOKENS.

3. CONTENT AND USE

i. SmartHEx hereby grants you a personal non-exclusive license to access our website and mobile applications and to use our services solely to fulfil your operations in compliance with the terms and conditions herein stated.

ii. You may not use the content or our services for any illegal purpose(s) not mentioned in these Terms and Conditions, nor permit a third party to use our services on your behalf or for the benefit of any third party whatsoever.

iii. No part of the content may be copied, reproduced, republished, uploaded, posted, displayed publicly, translated, encoded, transmitted, or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial use without the express prior written consent of SmartHex.

iv. Information available on the Site may be used purposely for viewing or downloading from our website or mobile applications as long as you refrain from: removing any proprietary notice language in all copies of such documents; making modifications to any such information and do not make any additional representations or warranties in respect to such information.

v. You may not attempt to gain unauthorized access to any portion or feature of our services, or any other systems or networks connected to our services or to any server thereto, by hacking or mining passwords or any other illegal access, including but not limited to the use of virtual private networks or any other mechanism that would facilitate the prohibited use/access of the content or services.

vi. You may not probe, scan or in any way, test the vulnerability of our services or any network connected to our services, nor attempt to or breach the security or authentication measures put in place by SmartHEx. You may not reverse, look-up, trace, or attempt to trace any information or details on any other users or visitors to our website or mobile applications, including any account on our websites or mobile applications not owned by you, to its source, or exploit any service or information made available or offered by or through our services, in any way where the purpose is to reveal or otherwise divulge any information, including but not limited to personal identification or information, other than your own information, as provided for through our websites or mobile applications.

vii. You may not use any device, software, protocol, or routine to interfere or attempt to interfere with the proper working of our services or any transaction being conducted on our websites or mobile applications. You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmission sent by you to SmartHex on or through our website or mobile applications. You may not pretend that you are, or that you represent someone else or otherwise impersonate any other individual, organization or entity. You may not use our services for any purpose that that is unlawful or prohibited by these Terms and conditions or to solicit the performance of any illegal activity which infringes the rights of SmartHEx and other users of our services.

viii. You agree that SmartHEx may, in its sole discretion and without any prior notice, restrict or terminate your access to its services and/or block your future access to your SMHX account if it determines that you are in violation of these Terms and Conditions or other agreements which may be associated with your use of our services. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice and will cause irreparable harm to SmartHEx and its services, for which monetary damages would be inadequate, and you consent to SmartHEx obtaining any injunctive or equitable relief that SmartHEx may deem necessary or appropriate in such circumstances. These remedies are in addition to the various remedies SmartHEx may have at law or equity.

ix. You agree that SmartHEx may, in the exercise of its sole discretion and without prior notice terminate your access to the content or services for cause, which includes, but is not limited to requests by law enforcement or other government agencies, a request by you, discontinuance or material modification of the services or unexpected technical issues or problems.

x. Where SmartHEx does take any legal action against you as a result of your violation of these Terms herein set forth, SmartHEx will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such legal action, in addition to any other relief granted to SmartHEx. You agree that SmartHEx will not be liable to you or any third party for termination of your access to our services as a result of any violation of these Terms and Conditions.

4. SERVICES

(a) SmartHEx will provide a platform where clients, subscribers and users of its website and services can trade SMHX and other virtual and fiat currencies, where applicable.

(b) For the provision of this software platform, SmartHEx reserves the right to charge deposits, withdrawal and other trading fees as may be determined from time to time.

(c) SmartHEx cannot guarantee on-time as there are external factors which may affect the continuous provision of the services outlined. However, SmartHEx will exercise all efforts in ensuring a platform that runs on a twenty-four (24) hour basis.

(d) An integral part of our service and responsibility to Users is to maintain the safety of your account. We will generate an alphanumeric string which will be attached to the email address provided by you upon registration, as well as a Unique Identifier for every user who signs up on the Site. We will also make available a unique wallet address for each account to enable you make deposits and withdrawals of SMHX and other virtual currencies from this account to an external wallet of your choosing.

(e) SmartHEx will act as custodians of the SMHX virtual currency stored on your SMHX account stored on your site and we are not permitted to access your SMHX account nor initiate transactions to and from your SMHX account. Note that all transactions carried out in respect of your account are your sole responsibility.

(f) You represent and warrant to us that you have full authority to enter into this Terms and Conditions; that you have not previously been suspended or removed from using our services; are not located in, under the control of, or a national of a restricted location where digital assets and their use are prohibited by law.

(g) Any fraudulent use or misrepresentations of a SMHX account is considered a serious breach of these Terms and Conditions. Where SmartHEx becomes or is made aware that due a trading activity carried out on our site is geared toward conducting fraudulent activities, we will immediately suspend, restrict and/or block such an SMHX account. We also reserve the right to take the necessary legal action against any parties to protect our rights, our users, and our resources.

(h) Our services are not provided in all markets and jurisdictions, and we may restrict or prohibit the use of our services in certain countries, a list of which will be made and updated on our site on a regular basis.

(i) In exercise of our sole discretion, we may restrict the number of accounts that you may hold, maintain, or acquire at any given time. You acknowledge that you are solely responsible for the password you assign to your account, and for the overall security, safety, and protection for disclosure to others. In the event of any security breach noticed on your account, you must immediately notify SmartHEx customer care service for appropriate measures to repel such breach.

(j) You are solely responsible for all the activities in connection with your use of the Services, through your SMHX account and/or using your password, and for the security of your computer system, and in no event shall SmartHEx be liable for any loss or damages relating to such activity. You should not create different accounts for your own use as any malicious, fraudulent, unfair, or otherwise detrimental use of our platform may lead to an automatic suspension and/or termination of our services.

(k) Depending on the order type selected by you, you will be required to provide certain details. For limit orders, the order limit price; for stop price orders, the stop price; and for take-profit orders, the stop price. You may cancel an order at any time as long as it has not been filled yet, and the order will automatically be settled without the possibility of roll-back. If you cancel an order before being filled, your balance will be automatically corrected.

(l) You acknowledge that you understand and agree that wash trades are prohibited. If during the matching process, an incoming order is matched against a book order that relates to the same SMHX account or to various SMHX account(s) of the same user, the match will be terminated, and the remaining part of the incoming order will be cancelled. We may suspend and/or block access to such SMHX accounts.

(m) SmartHEx will always keep a record of all your transaction history during the subsistence of this Terms and Conditions and for a period of up to 5 years after you have closed your SMHX account.

(n) Promotional events that we make available for you are regulated by these Terms and Conditions and the specific terms and conditions which may be set by the specific promotional event.

5. ACCOUNT VERIFICATION AND KYC COMPLIANCE

(I) To form a valid contract with Users, we are required to request personal identifiable information from you.

(II) We are also required to obtain information as part of compliance with our Know-Your-Client (KYC) and Anti-Money Laundering requirements as provided by law and relevant business practices.

(III) Before making deposits into your SMHX account and at any material time, we will request certain personally identifiable information from you, which may include but is not limited to a passport photograph, payment bank card, international passport bio-data page, and any other document that may be deemed necessary for verification of users of SmartHEx services.

(IV) Where a user decides to open a SMHX account as a legal entity, such an account will be considered an Institutional account. For this purpose, you will be required to represent and warrant that the legal entity which you represent is a legal entity duly organized and validly existing under the applicable laws of its jurisdiction, and that it is in good standing and that you have the requisite authority in writing issued by such a legal entity to act on its behalf.

(V) To open an institutional account as described in (IV) above, we may request specific corporate documents of your organization, as well as other business information and intended operations using our services, volumes, and any other information that we consider relevant to establish a business relationship.

(VI) Any and all information that you provide in order to open and operate your SMHX account will be processed in accord with the guidelines set out in our Privacy Policy. (Click here)

6. DEPOSITS AND WITHDRAWALS

(1) Users may fund their SMHX accounts by depositing digital assets and or fiat currencies through a bank card or wire transfers.

(2) Deposits of digital assets might not be immediately reflected on your balance as the transfer of digital assets depends on a certain blockchain and may need a certain number of confirmations to reach your SMHX account.

(3) Deposits of fiat currency via bank cards, wire deposits and other means might not be immediately reflected on your balance as the transfer of fiat currency involves financial institutions and corresponding banking practices which are out of the control of SmartHEx.

(4) You may withdraw digital assets to wallets of your choice, as SmartHEx will not be responsible for the wallets you designate for the receipt and transfer of digital assets. You acknowledge here that you understand that transfer of digital assets out of your SMHX account is an irreversible process.

7. GENERAL ACTIVITIES

a. SmartHEx does not promise, guarantee, or otherwise assure that services on the Site will be error-free or uninterrupted or that any defects will be corrected, or that your use of our services will provide specific results.

b. You also assume total responsibility for your use of our services, your activities, orders, transactions, submitted documentation and overall behavior. Your only remedy against SmartHEx in the event of dissatisfaction with our services is to stop the continued use of our services.

c. All orders will be entered into on an execution-only basis and SmartHEx shall not be deemed to have made any recommendation to you, advise on the merits of any purchase, or sell order, or assess the suitability of any order for you, SmartHEx will not assume any liabilities in this respect. By using our services, you express your acknowledgment of the risks, and SmartHEx is entitled to assume that you have sufficient experience and knowledge to understand the risks involved in each order you enter into.

d. In the event of abnormal or suspicious activities being noticed on your SMHX account, SmartHEx in the exercise of its sole discretion is entitled to stop the processing of your transactions until the situation is resolved or clarified, by requesting for further verification of your identity or requesting for other documentation deemed necessary for the resolution of this issue by law.

e. Where SmartHEx decides that your trading activity is such that might reasonably be considered as abusive or is adopting trading strategies aimed at the exploitation of misquotations or is generally deemed to be acting in bad faith or attempting to abuse the information or facilities available through our services, SmartHEx shall be entitled to suspend its Services immediately, which includes and is not limited to the permanent closure of such accounts.

f. Where users are found carrying out prohibited actions such as indicated in 4(l) above, SmartHEx will identify such actions and the account will be penalized with an automatic transaction fee on the value of each transaction that is deemed to have been self-trade or wash trading. We also reserve the right to suspend access to our services completely.

8. CONFIDENTIALITY

a. In the course of using our Services, you may receive information relating to us or to the Services, including but not limited to SmartHEx Transaction Information, that is not known to the general public ("Confidential Information"). You agree that:

(i) All Confidential Information will remain the exclusive property of SmartHEx;

(ii)  You will use Confidential Information only as is reasonably necessary for your use of the services provided on the Site;

(iii) You will not otherwise disclose, divulge, or reveal Confidential Information to any third party; and

(iv) You will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement.

b. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission or misrepresent or embellish the relationship between us in any way.

9. FORCE MAJEURE

We shall not be liable for any loss or damage arising from any event beyond our reasonable control (which may result in suspension of the performance of our obligations under these Terms and Conditions or ceasing to provide access to and use of the SMHX account, trading platform and or the Services) including but not limited to flood, pandemic, extraordinary weather conditions, Act of God, fire, war, insurrection, malicious acts of damage, riot, labor disputes, accidents, actions of any government or regulator (including any action of any government or regulator restricting or suspending our ability to provide any Services or Products), communication failure, power and electricity supply failure, equipment or software malfunction or any other cause beyond our control.

10. RELATIONSHIP OF PARTIES.

a. Subject to the Transaction Processing Service Terms, you are a subscriber/User of our services, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us.

b. You will have no authority to make or accept any offers or representations on our behalf. This Agreement will not create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or in respect to this Agreement.

c. You will be solely responsible for all obligations associated with the use of any third party service or feature that you permit us to use on your behalf, including compliance with any applicable terms of use. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section.

11. WARRANTIES AND REPRESENTATIONS

a. When you have a SMHX account and or access to or use any of the services, you represent and warrant on an ongoing basis that:

(i) You have accepted these Terms and Conditions (as may be amended and varied from time to time);

(ii) You must always satisfy the Eligibility criteria completely and in respect of the usage of your SMHX account; and

(iii) All information provided by you must be true, complete, and correct in their entirety.

b. You also undertake to notify us immediately in the event any of the warranties or representations in Clause 11(a)(i)-(iii) become untrue, incomplete, or inaccurate.

12.  INTELLECTUAL PROPERTY RIGHTS

1. You acknowledge that:

(a) You have no ownership rights or rights in the Intellectual Property Rights relating to the Trading Platform, all the material used on the Trading Platform and used in relation to the Services other than as we specifically grant to you under these Terms of Service; and

(b) except as otherwise agreed, in writing, between the parties, all Intellectual Property Rights in the Trading Platform and the Services shall remain with SmartHEx. All rights are reserved.

2. You acknowledge that ‘SmartHEx’ and ’SMHX’ along with any and all associated logos are trademarks of the SmartHEx. You may reproduce such trademarks without alteration on material downloaded from the Trading Platform to the extent authorized by this clause (or agreed in writing between the parties), but you may not otherwise use, copy, adapt or erase them for any reason.

3. You shall not register any domain name that incorporates or is capable of misleading the public due to confusing similarity to any of our trademarks and you expressly acknowledge that any such registration will be in bad faith and use of such domain name would be in bad faith.

4. You agree not to:

(a) operate any social media account (Facebook, Twitter, Instagram and LinkedIn etc.) that uses any of our trademarks or confusingly similar marks; and 

(b) Create, offer to create, or promote any mobile application that is branded with our trademarks or any confusingly similar marks.

5. You shall not in any circumstance obtain any rights over or in respect of our Trading Platform (other than rights to use the Trading Platform pursuant to these Terms of Service and any other terms and conditions governing a particular service or section of the Trading Platform) or hold yourself out as having any such rights over or in respect of the Trading Platform.

6. You are not granted any right to use, and may not use, any of our Intellectual Property Rights other than as set out in these Terms of Service and subject to the following conditions:

(a) You may only view and use the Services and the Trading Platform (or any part of it or its contents) for your own personal use and may not copy (other than to print extracts from the Trading Platform), reproduce, republish, upload, repost, modify, transmit, distribute or otherwise use the Services and the Trading Platform (or any part of it or its content) in any way for non-personal, public or commercial use without the prior written consent of the Company..

(b) You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Services; and

(c) You may not use any data mining, robots or similar data-gathering or extraction methods.

7. By submitting your content directly or indirectly to or through the Trading Platform and/or Services in any way, including, but not limited to, blogs, message boards, forums and APIs (whether or not submitted through a third party), you grant SmartHEx a royalty-free, perpetual, irrevocable, transferable, sublicensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display all of your content (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. SmartHEx shall be the sole owner of any derivative work produced by us based on, or in any way connected with, your content, and shall have the right to use such derivative work for any purpose, commercial or otherwise, without any further obligation to you. You also permit any other users of the Trading Platform to access, display, view, store and reproduce such content for personal use. You waive (and to the extent you cannot waive, agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of such content. We have the right, but not the obligation, to monitor all conduct and content submitted to or through the Trading Platform and/or Services, and may in its sole and absolute discretion:

(a) Refuse to publish, remove, or modify content or disable access to content that it considers breaches these Terms of Service; or 

(b) Suspend or discontinue your opportunity to submit, post or upload content.

8. By submitting any content to the Trading Platform and/or through the Services you warrant that you are entitled to, and have all necessary Intellectual Property Rights over, that content to submit it on the Trading Platform and/or through the provision of Services in accordance with these Terms of Service.

9. We reserve the right to disclose your identity to any third party who claims that any content posted or uploaded by you to the Trading Platform constitutes a violation of their Intellectual Property Rights or of their right to privacy.

10. We specifically disclaim any and all representations and warranties related to the Intellectual Property Rights including, without limitation, any representations or warranties related to ownership and non-infringement of third-party intellectual property rights. You expressly acknowledge that your use of the Trading Platform and Services is subject to this disclaimer of representations and warranties.

 

13. LIMITATION OF LIABILITY

To the maximum extent permitted by Applicable Law, we and our respective directors, officers, employees, agents, contractors, and licensors (together, the “ Associated Parties ”) shall:

a. not be liable to you for any losses, damages, or costs other than as a result of fraud.

b. provide the Services and any Product, service, or other item on an “as is” and “as available” basis. We expressly disclaim, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, we do not represent or warrant that the Services are accurate, complete, reliable, current, or error-free, or free of viruses or other harmful components; and

c. have no liability and not be responsible in any way for any losses, damages or costs:

Ø resulting from your reliance on any data or information in connection with the Trading Platform’s order book, trading charts and trading information. Such data and information provided on the Trading Platform are for general information purposes only and are given in good faith. You should not rely upon the information without further enquiry;

Ø to you or to any third parties, for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Services (including the Trading Platform) or for delays or omissions of the Services, or for the failure of any connection or communication service to provide or maintain your access to the Services, or for any interruption in or disruption of your access or any erroneous communications between us and you, regardless of cause;

Ø arising out of your use of the internet and any equipment to connect to the Services or any technical problems, system failures, malfunctions, communication line failures, high internet traffic or demand, related issues, security breaches or any similar technical problems or defects experienced. You shall be responsible for any fees and charges incurred in order to connect to the internet for the purpose of using or accessing the Services;

Ø Relating to interruptions to or errors in the provision of the Trading Platform or the Services. Amongst other things, the operation and availability of the systems used for accessing the Trading Platform, including public telephone services, computer networks and the internet, can be unpredictable and may from time to time interfere with or prevent access to the Trading Platform. We are not in any way liable or responsible for any such interference that prevents your access to or use of the Trading Platform and the Services or causes any inaccuracy, error, delay in, or omission of (i) any information or (ii) the transmission or delivery of information;

Ø arising out of failures of communication, including where (a) we do not receive (i) instructions from you through the Trading Platform or (ii) we do not receive any emails, contact form submissions or any other communications (whether electronic or otherwise) from you or (b) you are unable to (i) send instructions to us or make Orders or payments or Trades through the Trading Platform or (ii) receive notices or communications (such as trading or security notices or communications) which we send to you, for example where such communications are placed in a spam folder or otherwise filtered by your email service provider; or

Ø for your use of systems (including any equipment, software and hardware) to use and access the Services. You are solely responsible for your own systems used to access the Services and are solely liable for the integrity and proper storage of any data associated with the Services that is stored on your own systems. You are responsible for taking appropriate action to protect your systems and data from viruses and malicious software, and any inappropriate material. Except as provided by Applicable Law, you are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our Services. We will not be liable to you in the event that your systems fail, are damaged or destroyed or any records or data stored on your systems are corrupted or lost for any reason.

14. INDEMNIFICATION

In no event shall any of the Associated Parties be liable for any:

i. indirect or consequential loss;

ii. loss of profit, business opportunity, revenue or goodwill, in each case, whether arising from breach of contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with authorised or unauthorised use of the Services or these Terms of Service, even if the Associated Parties have been advised of, knew of or should have known of the possibility of such damages.

iii. You agree to indemnify and hold harmless the Associated Parties immediately upon demand from and against any and all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, losses, costs or expenses, including reasonable attorneys’ fees, in any way arising out of, in relation to or in connection with, directly or indirectly, you or your Authorised Representatives’:

(a) improper or illegal use of, or conduct in connection with, the Account and the Services (including where you are prohibited from holding or operating your SMHX account and/or accessing or using the Services);

(b) breach of these Terms of Service or the Exchange Rules, any other terms incorporated by reference in or to these Terms of Service, or any of our policies; or

(c) breaches or violation of any Applicable Law (including any anti-corruption or economic sanction laws) or the rights of any other person or entity.

iv. You are responsible for any fees, charges, costs and expenses your mobile network operator or internet service provider may charge you to download, access and/or use any of the Services.

15. WAIVER

The failure by either party to enforce at any time or for any period any one or more of the Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Conditions of this Agreement.

 

16.  ENTIRE AGREEMENT

Unless otherwise expressly provided in writing, these Terms, together with any other addenda, terms and conditions or documents expressly incorporated herein or by reference to these Terms and conditions constitute the entire agreement between you and us. In the event of any inconsistency between the Terms herein expressly incorporated and any other addenda, the provisions of these Terms shall prevail, unless as may be otherwise stated or agreed expressly upon in writing duly signed between you and us.

 

17. GOVERNING LAW

These Terms and any non-contractual obligations arising out of or in connection with them are governed by and construed in accordance with the relevant business laws.

18.  JURISDICTION

a. In the event of any disputes arising from the terms and conditions herein stated, the Parties shall seek to resolve it on an amicable basis. They shall consider the appointment of an Arbitrator in compliance with the provisions of generally accepted standards adopted in that resolution.

b. No party shall commence legal or arbitration proceedings unless 30 days’ notice in writing has been given to the other.

c. This Agreement shall be governed by and construed in accordance with the relevant laws where the parties are carrying on business and the parties hereby submit to the resolution of any disputes by dispute resolution mechanisms.

19.  COMMUNICATIONS AND NOTICES

1. SmartHEx has the right to communicate and provide notices to you in any manner which we deem to be appropriate, including (without limitation):

a. Site announcements via any domain controlled by us (including but not limited to smarthex.io);

b. To the contact details registered with your SMHX account (including but not limited to your registered email address);

c. Website banners and popups;

d. API messages and announcements; and

e. Mobile alerts via the Mobile App

f. You accordingly agree and consent to electronic delivery of all communications and notices to you.

2. You are responsible for ensuring that all information provided to us is kept up-to-date, correct and complete at all times. You can update the contact information in respect of your SMHX account.

3. We are not responsible for any loss or damage which you may incur as a result of your failure to ensure that your contact information is up-to-date, correct and complete.

4. You are deemed to have received all communications and Notices sent to the contact information associated with your SMHX account (which includes but is not limited to your registered email address).

5. If you are required to make a notice to us in writing under the Terms stated herein, you must address the notice to support@smarthex.io  or via web form submission using (this link). These notices however must be received by us through these aforementioned channels as they are designated for the purpose of receipt of notices and correspondences, unless as may be amended from time to time. 

20. ASSIGNMENT

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer any or all of our rights or obligations created under these Terms (including those rights or obligations created under these Terms of service such as any annexes or supplemental terms and contractual documentation subject to these Terms and the annexes and supplemental terms), in whole or in part, without obtaining your consent or approval. To the extent required to effect any future assignment or transfer, you are hereby deemed to have given all necessary consents and waivers.

21. MODIFICATIONS

a. We may amend any of the terms and conditions contained in this Agreement at any time and at our sole discretion.

b. Unless as may be otherwise expressly indicated in these terms, we will provide you with reasonable notice of the changes to these Terms before they take effect. However, we may supplement, amend or replace these Terms with immediate effect where we believe it is necessary for us to do so.

c. If you do not agree with the amendments made to the Terms, you should cease to use the SMHX account and all our Services and request for the closure of your account in accordance with Clause 7(b). Otherwise, you agree to continue to be bound by any amendments made to the Terms herein. Your continued use of your SMHX account and other services provided by us will constitute your deemed acceptance of the amended Terms. You acknowledge that it is your responsibility as a user to check for periodic changes made to the Terms.