Terms of Service
These terms of service govern your usage of our digital wallet services (the “Terms”). Please read these Terms carefully before utilising the E-Wallet (as defined below).
Your continued use of the E-Wallet following any such change to these Terms will signify your acceptance to be bound by the then current Terms. In this regard, you shall be responsible for keeping and hereby represent and warrant that you shall keep, yourself up to date on the amendments to these Terms. Halo may but shall not have any obligation to update you on any amendments to these Terms.
If you do not agree to these Terms (or any part thereof) or any modifications to these Terms, you should not use the E-Wallet and the accompanying services.Failure or delay by us in enforcing or partially enforcing any provision of these Terms shall not be construed as a waiver of any rights, and we shall, at our discretion, enforce any such provisions, at any time, insofar as you are a user of the E-Wallet.
“Affiliate” means a corporation directly or indirectly, controlling, controlled by or under direct or indirect common control with another corporation;
“Applicable Law” means any law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to this Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;
“Browser Password” means the password created by you, at every instance you elect to import your or access your E-Wallet via our browser extension on multiple devices;
“DApps” means any blockchain based decentralised application;
“Digital Assets” means any cryptographic tokens including any Supported Cryptocurrencies and Supported NFTs (as applicable).
“DEXs” means any decentralised exchange on which you may stake, swap, purchase or sell cryptocurrencies;
“Force Majeure Event” means an event or failure which is beyond our reasonable control including:
Acts of God, nature, court or government;
failure or interruption in public or private telecommunication networks, Third-Party Protocols, communication channels or information systems;
acts or omissions of acts of a party for whom we are not responsible;
delay, failure or interruption in, or unavailability of, third party services and sites;
strikes, lockouts, labour disputes, wars, terrorist acts and riots;
viruses, malware, other malicious computer codes or the hacking of any part of the E-Wallet and related applications or software;
“include/including” means to include without limitation;
“Mobile App” means the E-Wallet mobile application through which you may access your E-Wallet;
“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
“Recovery Phrase” means the locally encrypted private key randomly generated by Halo viz. the E-Wallet or by any Third Party Wallet provider, which the user uses to import and recover his or her E-Wallet and/or Third Party Wallet.
“Restricted Locations” means the countries or jurisdictions which have in place, prohibitions or restrictions on accessing or using the E-Wallet and Services;
”Services” has the meaning given to it in Section 3;
“Supported Cryptocurrencies” means any sort of cryptographic tokens, digital currencies, cryptocurrencies or virtual currencies which are compatible with the E-Wallet and which have been approved by Halo, in its sole and absolute discretion, such approval, may be retracted at any time by Halo, in its sole and absolute discretion;
“Passwords” means collectively, private keys, Recovery Phrase, and such other security codes specific to your E-Wallet that were created by you;
“Supported NFTs” means any non-fungible tokens which are compatible with the E-Wallet and which have been approved by Halo, in its sole and absolute discretion, such approval, may be retracted at any time by Halo, in its sole and absolute discretion;
“Taxes” means any taxes, duties or fees that incurred, or required to be collected, paid or withheld for any reason in connection with your use of the E-Wallet under any Applicable Law;
“Third Party Protocols” means any third party blockchain, protocol, DApps, staking pools, liquidity pools, DEXs, and such other applications with whom you may communicate and/or interact with viz. the E-Wallet;
“Website” means [halo.social];
“you” “your” or “user” means the user(s) of the E-Wallet
3. OUR SERVICES
The E-Wallet is a non-custodial digital wallet that allows for the following:
generate digital wallet addresses and encrypted private keys for the purposes of storing, sending and/or receiving Supported Cryptocurrencies (including Supported NFTs);
allows you to participate in third party decentralised blockchain applications (“DApps”), including decentralized exchanges (“DEXs”) and protocols (subject to the compatibility of such exchanges and/or protocols, with the E-Wallet);
import existing third party digital wallets compatible with our E-Wallet (each such wallet, a “Third Party Wallet”); and
facilitate the submission of Supported Cryptocurrency transaction data to their respective blockchain networks.
(collectively, our “Services”)
You may access our Website for more information about our Services, Supported Cryptocurrencies, Supported NFTs, compatible Third Party Wallets.
To create an E-Wallet or import an existing Third Party Wallet to the same, you must create an account via our Website or Mobile App.
We are entitled, in our sole discretion, without any reason whatsoever, to refuse your application for an E-Wallet.
By signing up for an E-Wallet, you represent and warrant that:
you are at least eighteen (18) years of age
you have the full right, power, and authority to agree to these Terms;
you are not resident or a Tax resident of, and do not otherwise have any relevant connection with, any restricted locations (which we may determine from to time, subject to Applicable Laws and regulations)(the “Restricted Locations”);
you are not a resident or Tax resident of, and do not otherwise have any relevant connection with, any jurisdiction in which entry into or performing your obligations under these Terms is unlawful or restricted in any way or requires licensing, registration or approval of any kind;
you are not located in, under the control of, or a national, citizen or resident of any Restricted Locations;
you are not on any of the sanctions lists published and maintained by the United Nations, European Union, any EU country, UK Treasury or US Office of Foreign Assets Control (OFAC); - you will not use the E-Wallet if any Applicable Laws in your country prohibit you from doing so in accordance with these Terms; and - you are compliant with all Applicable Law requirements to which you are subject, including without limitation, all tax laws and regulations, exchange control requirements and registration requirements.
5. PERSONAL INFORMATION
You agree and undertake to provide Halo with any and all information and documents that Halo may from time to time request or require for the purposes of these Terms or in connection with your E-Wallet (including, but not limited to, your name, address, telephone number, email address, date of birth, government-issued identification number, photograph of your government-issued identity card or document or other photographic proof of your identity, and information regarding your Wallet Account, E-Wallet or Third-Party Wallet, as applicable). Halo will have no liability or responsibility for any permanent or temporary inability to access or use any Services as a result of any identity verification or other screening procedures.
We may confidentially verify or carry out identity verification checks on you and the information you provide us with or obtain information on you ourselves or through third parties from secure databases, or our Affiliates.
By agreeing to these Terms, you acknowledge that we or a third party may conduct verification checks on your information.
You agree to, at all times, cooperate with all requests made by us or any of our third-party service providers on our behalf.
You hereby represent and warrant that any and all information provided to us, our Affiliates or any of our third-party service providers, is always and continue to be complete, accurate and up to date in all respects and that in the event that such information ceases to be complete, accurate and up-to-date, you shall provide us, our Affiliates and third-party service providers which such revised and updated information without delay.
Failure to provide up to date information may result in your inability to or adversely affect your use of your E-Wallet.
You hereby undertake to indemnify us, our Affiliates and any third-party service providers for any and all losses and damage incurred as a result of your failure to provide complete, accurate and up to date information at any point during your use of the our Services.
Halo does not currently charge any fees for any of its Services. However, we reserve the right to do so in the future and, in such case, any applicable fees will be displayed prior to you using any service to which a fee applies
Such fees may be subject to change at our sole discretion.You may incur charges from third parties including (without limitation) blockchain related fees, protocol fees, exchange fees, and any such third party fees pertaining to your use of our Services.
7. NO CANCELLATION/MODIFICATION OF TRANSACTIONS
On the basis that the E-Wallet is a non-custodial wallet, you shall be solely responsible for all transactions undertaken viz. your E-Wallet. Halo does not at any time, hold custody over your Digital Assets and will have no legal or regulatory obligation to you as a custodian for your Digital Assets.
Once a transaction has been submitted and/or executed by you viz. the E-Wallet, we cannot assist you to cancel or otherwise modify such transaction.
Please ensure that you have an adequate balance in your E-Wallet to complete transactions before initiating a transaction.
You acknowledge and agree that we will not be liable for any failed transactions due to insufficient Supported Cryptocurrencies associated with your E-Wallet.
Further, you acknowledge that by proceeding with any transaction viz. your E-Wallet, including without limitation, any storing, sending, receiving, staking, etc., of Digital Assets, you shall be liable for any risks, loss or damages, including the risk that such Digital Assets may be subject to total loss due to factors beyond the control of Halo.
8. LIMITATION OF SERVICES / TERMINATION / ACCOUNT CLOSURE
To the extent permitted by Applicable Law, we may at any time and without liability to, terminate, suspend or limit your use or any functionality of your E-Wallet:
in the event of any breach by you of these Terms and any other terms and conditions referred to in these Terms;
for the purposes of complying with applicable laws or the prevention of criminal activities;
where we suspect that you have conducted any fraudulent or unlawful activities (including but not limited to money laundering, terrorism financing and fraudulent activities);
it transpires that you have provided false, inaccurate, incomplete or misleading information; you fail to provide the required information for the ongoing due diligence process;
to remedy the effects of any defect in or compromise to any information system upon which the E-Wallet is based; or
we suspect that the Digital Assets held in your E-Wallet are proceeds of fraudulent or unlawful activities.
You are solely responsible for storing outside of the Services a backup of any E-Wallet address and private key pair that you own.
Maintaining an external backup of any E-Wallet address and private key pairs associated with the same will allow you to access network and fully restore your E-Wallet at any time without cost or loss of your Digital Assets. If you do not maintain a backup of your E-Wallet data outside of the Wallet Account, you will be not be able to access the Digital Assets associated with your E-Wallet in the event that we limit, discontinue or terminate your Wallet Account.
Halo shall not be held responsible or liable for any loss of Digital Assets
Halo does not receive or store any of your Passwords, including without limitation, the Browser Password, which is set by you each time you restore your E-Wallet using your Recovery Phrase. This means that if you use different passwords for your E-Wallet on different devices or instances, you will need to remember which password you have used on each such device or instance.
You are solely responsible and liable for keeping your E-Wallet safe (including details relating to your private keys, Recovery Phrase, Browser Password and such other security codes specific to your E-Wallet that were created by you (collectively, your “Passwords”) to avoid loss of access to and/or control over your E-Wallet. We will not be liable to you for any loss of access to your E-Wallet should you lose your Passwords. You are advised to maintain adequate security, measure and control of your Passwords and access to and use of your E-Wallet. We will not be liable to you for any losses or damage resulting from any unauthorised access or use of your E-Wallet.
Based on the foregoing, Halo cannot assist with the retrieval of your E-Wallet, nor can we provide a replacement of your Passwords or addresses associated with your E-Wallet.
Furthermore, in the unfortunate event of your passing, if your legal administrator, successor or heir does not have your Passwords or access to your E-Wallet, we are unable to grant such persons access to your E-Wallet. In such case, your E-Wallet and the Digital Assets store therein will become permanently inaccessible.
The tax treatment for Digital Assets is uncertain and you should consult your respective tax advisors in the jurisdiction which you reside regarding the same. It is your sole responsibility to determine what taxes, if any, arise due to your dealing in Digital Assets, and to collect, report, and/or remit the correct tax to the appropriate tax authority.
You are solely responsible for complying with all applicable federal, state and foreign laws, and agree that Halo is not responsible for determining which laws (tax or otherwise) may apply to your transactions.
11. NO INVESTMENT ADVICE
For the avoidance of doubt, Halo does not provide investment, tax, or legal advice, nor does Halo broker trades on your behalf. All trades are executed automatically, based on the parameters of your order instructions (but subject to the terms and conditions of any third party network, protocol and/or blockchain on which you are transacting).
You are solely responsible for determining whether any transaction is appropriate for you based on your own financial objectives, circumstances and risk tolerance.
You should consult your personal investment, legal or tax advisor regarding your specific situation.
12. ACCESS & AVAILABILITY
Access to our Services may become unavailable or interrupted during times of significant volatility or volume.
We do not guarantee that the Website or our Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded or remain open, or that our Website, Mobile App and your E-Wallet will be accessible at all times.
Under no circumstances shall Halo be liable for any alleged damages arising from service interruptions, delays or such other losses incurred by you due to an interruption to our Services.
13. ACCURACY OF INFORMATION
Whilst we intend and strive to provide accurate and timely information on our Website and Mobile App (such information, the “Content”), the Content may not always be entirely accurate, complete or up to date and may also include technical inaccuracies and typographical errors.
Further, Content may be obtained by us from third parties that are not controlled by us.
Your reliance on the Content shall be your sole responsibility and at your own risk.
In this regard, by proceeding with any transaction on the basis of the Content, you represent and warrant that you have verified all Content and conducted your own due diligence before relying on the same, and acknowledge and agree that we are not responsible for any Content accessible or linked on our Website and Mobile App.
14. THIRD PARTY PROTOCOLS
You acknowledge that Halo does not have control over any third party network, protocol, blockchain or such other third party website or application which you may interact or communicate with via your E-Wallet (collectively, the “Third Party Protocols”).
The use of such Third Party Protocols may be subject to terms and conditions imposed by the aforementioned, and such Third Party Protocols may include terms regarding your eligibility to interact with said Third Party Protocols and whether you may be prohibited from interacting with the same. It is your responsibility to understand the Third Party Protocols and the terms imposed thereto and whether you are eligible or prohibited from interacting with the Third Party Protocol.
In this regard, you represent and warrant that you have conducted your own due diligence on the Third Party Protocols and acknowledge that Halo will not be responsible for your interaction, transaction and/or communication with such Third Party Protocols.
15. THIRD PARTY WALLET
You acknowledge and agree that the Third Party Wallets that you may import to your E-Wallet remain governed by the terms and conditions of Third Party Wallet providers.
Halo shall not have any obligation to you regarding any issue or dispute you may have in relation to such Third Party Wallets and shall have no responsibility for any Instruction given outside your E-Wallet relating to any Third Party Wallet.
16. DATA PROTECTION
17. ELECTRONIC COMMUNICATIONS
You shall accept full responsibility for the security and authenticity of all transaction instructions and you shall be bound by all such instructions. You are aware that transaction instructions and information transmitted via the E-Wallet (either on our Website or Mobile App) are generally transmitted via the internet and may be subject to the technological risks pertaining to the same. You shall be responsible for maintaining the security of your device and/or internet service utilised for the purposes of the E-Wallet and shall be solely responsible for any loss or damage arising out of the same and shall hold Halo harmless from any such loss or damage that you may incur.
18. INTELLECTUAL PROPERTY
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our Website, Mobile App or provided in connection with the Services, including, without limitation, the Halo or Halo logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Halo Materials”) are the proprietary property of Halo or our licensors or suppliers and are protected by international copyright laws and other intellectual property rights laws.
We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the Halo Materials for your personal use. Such license is subject to these Terms and does not permit:
any resale of the Halo Materials;
the distribution, public performance or public display of any Halo Materials;
modifying or otherwise making any derivative uses of the Halo Materials, or any portion thereof; or (d) any use of the Halo Materials other than for their intended purposes. The license granted under this section will automatically terminate if we suspend or terminate your access to the Services.
You may only use the E-Wallet in a manner consistent with these Terms, and you shall not interfere with, disrupt, or cause damage to any other users of our Services, produce any derivative work based on our E-Wallet technology, nor shall you translate, reverse engineer, decompile or disassemble the E-Wallet.
19. STORING, SHARING, RECEIVING AND TRANSFERRING DIGITAL ASSETS
Your Digital Assets may be subject to other terms and conditions that may be imposed by third parties (for example exchanges, DEXs, marketplaces, such other platforms and/or Third Party Protocols on which/from whom you may purchase Digital Assets), which may govern, without limitation, your use, storage and transfer of your Digital Assets.
It is your responsibility to understand such third party terms and conditions and whether your use, sharing, storage and transfer of your Digital Assets complies with such other terms and conditions or third party terms and conditions (as applicable).
You represent and warrant that you have the necessary rights to use, store, share, display, receive and transfer your Digital Assets and such use, storage, sharing, displaying, receiving, and transferring of your digital Assets will not infringe on the rights of any third party or breach any Applicable Laws.
You agree and acknowledge that when transacting and/or using your Digital Assets, including the sharing of images of any Supported NFTs on social media platforms, you are doing so for your personal use only and not for any commercial use.
When transferring or receiving Digital Assets, you are responsible for checking and confirming that your E-Wallet and/or the wallet address to whom you are transferring the Digital Assets or from whom you are receiving Digital Assets, are compatible with the E-Wallet, and that you have provided and/or inputted the the correct E-Wallet/Third Party Wallet address for such transfer or receipt of Digital Assets.
Halo is not liable for any losses of Digital Assets and will not assist in retrieving such lost Digital Assets.
20. REGULATORY STATUS OF DIGITAL ASSETS AND THIRD PARTY PROTOCOLS
Halo makes no representation regarding the regulatory or legal status of any Digital Asset, Third Party Protocols or Third Party Wallet, regardless of whether such Digital Asset and/or Third Party Protocols are compatible with the E-Wallet.
Halo will not make any attempt to register the Digital Assets, Third Party Protocols or Third Party Wallet under any legal or regulatory regime, nor are we aware of any review of any Digital Assets by any regulatory authority in any jurisdiction.
21. RISK DISCLOSURE
Any transactions in relation to the Digital Assets must be confirmed and recorded on the relevant blockchain networks.
Such blockchain networks and Third Party Protocols are decentralized, peer-to-peer networks and supported by independent third parties. Therefore, we cannot and do not:
ensure that any transaction instruction submitted via your E-Wallet will be confirmed or processed; or
assist you to cancel or modify your transaction instructions once the same have been submitted via the E-Wallet to the Third Party Protocols.
Halo is not involved in any transaction as a counterparty, advisor or otherwise. Neither does Halo have any control in the Third Party Protocols nor over the Digital Assets transferred to such Third Party Protocols or to Third Party Wallets.
Halo expressly disclaims all representations or warranties, express and implied, relating to the Third Party Protocols and Third Party Wallets. Halo is not liable for any claim, damages or other liability, whether in contract, tort or under any other theory of liability, arising from, out of or in connection with the Third Party Protocols.
The use of Third Party Protocols and dealing in Digital Assets involves significant risks which are outside our control. You must consider carefully all applicable risks, and determine whether they are acceptable to you.
Without limitation these risks include the following:
Partial or total loss of Digital Assets, or of any value attributed to Digital Assets;
Collapse in liquidity with respect to a Digital Asset;
Changes in the compatibility amongst Digital Assets, Third Party Protocols and/or the E-Wallet;
Changes in these Terms and/or the terms of Third Party Protocols;
Technological and/or blockchain risks;
Regulatory uncertainty with respect to Digital Assets, the E-Wallet and/or Third Party Protocols;
Market manipulation, scams and/or hacks targeted at Digital Assets, the E-Wallet and/or Third Party Protocols;
Network errors in the confirmation of transactions on Third Party Protocols;
Phishing, hacks, smurfing, malware, double spending, majority-mining, consensus-based or other mining attacks, misinformation campaigns, forks, spoofing, etc.
Faults, defects, errors or unforeseen circumstances pertaining to the underlying blockchains and/or Third Party Protocols on which your Digital Assets are based and/or have transacted with.
22. WARRANTY DISCLAIMERS
THE E-WALLET AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE E-WALLET AND UNDERLYING SOFTWARE OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, STABILITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM VIRUS AND ERROR.
IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA OUR WEBSITE OR MOBILE APP IS ACCURATE, COMPLETE, RELIABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR PURPOSE OR REQUIREMENTS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE E-WALLET AND RELATED SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFECT IS WITH YOU.
23. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING IN THESE TERMS, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGE OR CLAIMS:
DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT, OUTSIDE OUR REASONABLE CONTROL AND THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (INCLUDING BUT NOT LIMITED TO FORCE MAJEURE EVENTS, EVENTS OF WAR OR CIVIL UNREST, NATURAL DISASTERS, STRIKE, LOCK-OUT, TRAFFIC DISRUPTION, ACTS OF DOMESTIC OR FOREIGN GOVERNMENTAL AUTHORITIES);
ARISING FROM OR IN CONNECTION WITH:
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS FOR LOSS OF FUNDS, LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, LOST DATA, OTHER INTANGIBLE LOSSES, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES TO THESE TERMS, REGARDLESS OF WHETHER SUCH DAMAGES WERE DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR WHETHER WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE E-WALLET, WHETHER ARISING OUT OF OR IN CONNECTION WITH BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OFUSD100.00. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
We shall not be liable for fault on the part of any third-party service providers instructed by us. In such cases, our liability shall be limited to using reasonable care in the selection, appointment and instruction of such third-party service providers (but not of any sub-contractor or other third party such third-party service provider may use).
The parties agree that any claims against the other under these Terms may only be brought on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No court or adjudicator may consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to you cannot and may not affect any other users.
You agree to indemnify and hold harmless Halo, our affiliates and third-party service providers, and each of their officers, directors, agents, joint venture entities, employees and representatives, from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to:
your breach of any of these Terms;
your wrongful or improper use of the E-Wallet;
any third party's access or use of your E-Wallet, Passwords, E-Wallet address;or
your violation of any law, rule, regulation, or the rights of any third party.
25. TRANSFER, ASSIGNMENT OR DELEGATION
These Terms, and any rights and obligations and licences granted hereunder, are limited, revocable, non-exclusive and personal to you and therefore may not be transferred, assigned or delegated by you to any third-party without our written consent, but may be transferred, assigned or delegated by us without notice and restriction.
If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Laws.
27. ENTIRE AGREEMENT / TRANSLATION
These Terms constitute the entire agreement between the parties with regard to its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, whether oral or in writing, express or implied. Each party acknowledges that in agreeing to these Terms it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.
These Terms are concluded in the English language and all communications including any notices or information being transmitted shall be in English. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience or otherwise) into any other language, the English language text of these Terms shall prevail.
These Terms shall not be waived in whole or in part except with the approval of Halo.
No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
29. NOTICES AND COMMUNICATIONS
By using the E-Wallet you agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”) that Halo provides in connection with your E-Wallet and/or our Services.
You agree that Halo may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy.
You may also contact us through support to request additional electronic copies of Communications or, for a fee, paper copies of Communications.
You may withdraw your consent to receive electronic Communications by contacting Halo Help Center. If you decline or withdraw consent to receive electronic Communications, Halo may suspend or terminate your use of the Services.
30. CUSTOMER FEEDBACK
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, and ideas or other information or materials regarding Halo or our Services that you provide, whether by email, posting through our Services or otherwise (“Feedback”).
Any Feedback you submit is non-confidential and shall become the sole property of Halo. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You waive any rights you may have to the Feedback (including any copyrights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.
You also acknowledge and agree that we have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in our website.
31. THIRD PARTY RIGHTS
Other than any entities affiliated with Halo, a person who is not a party to these Terms has no right to enforce any of these Terms.
32. GOVERNING LAW AND DISPUTE RESOLUTION
This Terms shall be governed by the laws of Hong Kong. Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by the competent court of Hong Kong.