Hurupay Inc. is a company registered in Delaware, United States. Hurupay offers the following services “Hurupay Services”:
Processing for any crypto payment.
Managed investment of your revenue in crypto assets.
Customer retention and support
These Generally Applicable Terms apply to all Hurupay Services and Hurupay Account holders, and shall include this document as well as any Schedules hereto, and shall be read in accordance with the policies ("Hurupay Policies") as may be referred to herein or elsewhere within the Hurupay App or the Website and which are to form part of these terms, including but not limited to:
Cookie policy
Privacy Policy
AML policy
Complaints policy
Please read the terms and conditions that may be especially applicable to the Hurupay Services you desire to contract in addition to these Generally Applicable Terms and the policies referred to above.
The 'Hurupay Terms' refers to these Generally Applicable Terms, the above-mentioned rules, and any other terms that may be applicable to the specific Hurupay Services being contracted.
The Hurupay Terms are a framework agreement that sets out the terms and conditions for you to use, access, view, or interact with Hurupay in any way, including applying for a Hurupay account ('Hurupay Account') or using Hurupay Services in any way ('Hurupay Interaction').
You must read and understand these Generally Applicable Terms and the Hurupay Policies, as well as any Hurupay Terms specifically relating to the Hurupay Services you wish to contract and the various associated risk warnings contained therein, before opening a Hurupay Account or obtaining exposure to the Hurupay Services.
By proceeding with any Hurupay Interaction, you accept and acknowledge the associated risks in dealing with the respective Hurupay Services and your agreement with these Generally Applicable Terms, the Hurupay Policies as well as any Hurupay Terms specifically relating to the Hurupay Services you wish to contract.
You further agree to accept the decisions of Hurupay with respect to all matters relating to the Hurupay Services including the terms of any third-party providers which Hurupay may engage with in the provision of the Hurupay Services.
Once your Hurupay Account has been activated, you will be able to access the Hurupay Services, subject to Hurupay's identification and verification process, which you must follow.
You agree that any information you provide during the identification and verification procedure, or in any other situation, is genuine and accurate, and that any payment you make through your Hurupay Account is your rightful property and comes from a legitimate source.
For the purposes of verification, Hurupay may seek more information from you. You agree to comply with all requests made on our behalf by Hurupay or any of our third-party service providers in connection with your Hurupay Account, including requests to identify or authenticate your identity, validate your funding sources, proof of control of your crypto private address, and any Hurupay Transaction. This may include, but is not limited to, requesting additional information from you that will enable us to reasonably identify you, such as requiring you to take steps to prove ownership of your phone number or checking your information against third-party databases or other sources.
If we are unable to collect and verify such information, or if you do not comply with our reasonable demands, we have the right to close, suspend, or limit access to your Hurupay Account and/or the Hurupay Services.
We may discreetly verify the information you give us with, or we may collect information about you from secure databases ourselves or through third parties. By agreeing to these Generally Applicable Terms, you agree that we or a third party acting on our behalf may conduct such verifications.
You must keep your Hurupay Account details valid and up to date at all times. If we suspect your information is outdated or wrong at any time, we may contact you and request additional information or ask you to repeat the verification procedure. While we validate your identity, a Hurupay Transaction limit may be placed on your Hurupay Account, or an existing limit may be changed. We will not be liable for any losses resulting from your failure to keep your information up to date.
To access the Hurupay Services, go to the Accounts page in the Hurupay Website or App and pick the appropriate Hurupay Account.
It is solely your responsibility to keep your Hurupay Account secure. While we may help you restore access to your Hurupay Account if it is reasonable, Hurupay is not obligated to restore any access to a Hurupay Account in any event, including in the event of theft or any loss of control of the means of access to the Hurupay Account. You agree that Hurupay is not responsible for any damages or losses incurred as a result of such theft or loss of control of your Hurupay Account that are not caused by Hurupay's fault or negligence.
You promise to keep all passwords, PIN numbers, and access codes and information for your Hurupay Account completely secret. Hurupay will not be held accountable for any access to or use of your Hurupay Account as a result of any disclosure of such access information by you or anyone else to whom you disclosed such information later.
Protecting your Hurupay Account and any access information related to it includes, but is not limited to:
1. Logging out of your Hurupay Account whenever you are not using it;
2. Keeping any device you use to access your Hurupay Account safe and secure, and ensuring that any email account(s) you use to connect with us are also secure and only accessed by you;
3. Not writing down or disclosing the password to your Hurupay Account;
4. Changing the password to your Hurupay Account on a regular basis;
If you receive any SMSs, emails, questionnaires, surveys, or other links requiring you to provide your Hurupay Account access information, do not provide your information and contact us immediately at hello@hurupay.com;
If you believe your Hurupay Account access information has been lost, stolen, or that anyone has access to your email account or device you use to communicate with us, do not provide your information and contact us immediately at hello@hurupay.com
Hurupay is a company that specializes in providing financial services. Automated techniques may be used to process transactions and activity conducted within the Hurupay App, and anyone who gains access credentials to a Hurupay Account may use it to enter transactions without your permission. If you observe any unusual behaviour, such as misuse or unauthorized use of your Hurupay Account, you must inform us immediately at hello@hurupay.com.
The balance in any Hurupay Account belongs to the person or legal organization that is registered as the account holder. Only the rights of the Hurupay Account holder are recognized. Your Hurupay Account cannot be assigned or transferred to anyone else.
If you suspect a Hurupay Transaction was conducted erroneously or without your permission, please notify us as soon as possible using the Hurupay App or by emailing hello@hurupay.com Failure to contact us as soon as you become aware of the unauthorised or wrongly completed Hurupay Transaction, or within two months of the date of the transaction, may result in you losing your right to have the situation addressed.
We will refund to you the full amount debited without authorisation if it is determined that a Hurupay Transaction was not authorised by you, or was incorrectly initiated or executed by us (provided we can prove such incorrect transaction occurred) and you notified us within 2 months of the date of the unauthorised Hurupay Transaction. However, if you have acted fraudulently, or have intentionally or with gross negligence failed to comply with your obligations set out in Clause on Security, or you have not notified us on time in accordance with Clause on Notification, you will be liable in full for all losses incurred in respect of a Hurupay Transaction made by us which was not authorised by you.
We will close your Hurupay either as a result of your request, which must be made in writing via the Hurupay Customer Services hello@hurupay.com, or as a result of Hurupay closing your account for any other reason that may arise in accordance with any Hurupay Terms and/or applicable law.
1. You agree that when we close your Hurupay Account, Hurupay may keep personal data about you, your Hurupay Account, and any Hurupay Interaction for a period of five years or as required by applicable law.
2. If your Hurupay Account has a balance at the time of closure, Hurupay may request that you withdraw your funds within a reasonable timeframe, during which time your Hurupay Account will be accessible only for the purpose of removing the remaining balance. You will be unable to access your Hurupay Account after this period has expired, but you may withdraw any remaining funds for a period of five years from the date of closure by contacting Hurupay Customer Services hello@hurupay.com and requesting that the funds be sent to you either by refund or bank transfer. Any pending instructions will be cancelled once your Hurupay Account is canceled.
3. To avoid an investigation, you cannot close your Hurupay Account. If you try to close your Hurupay Account while an investigation is underway, Hurupay may freeze your account to protect any and all relevant parties from responsibility, including but not limited to itself, its affiliates, or a third party.
4. Even if your Hurupay Account is closed, you are still responsible for any liabilities associated with it.
5. We may close your Hurupay Account and terminate all applicable Hurupay Terms with immediate effect in the following circumstances, without affecting the generality of this clause and without prejudice to any rights that have accrued under the Hurupay Terms or any rights or remedies that may be applicable:
a. You breach a material condition of the Hurupay Terms and fail to correct that breach within 15 days of being notified in writing to do so;
b. You consistently violate any of the Hurupay Terms in such a way that it is reasonable to believe that your actions are inconsistent with your intention or ability to give effect to the Hurupay Terms and the conditions set forth therein;
c. A bankruptcy, insolvency, winding up, or other similar event has occurred;
d. Any change in or introduction of laws, regulatory authority rules, or guidance (or change in the interpretation or application thereof) means that it is unlawful or contrary to any such law, rule, order, or regulation for either Hurupay or yourself to perform or give effect to any obligations hereunder, and such obligation cannot be easily severed from the Hurupay Terms;
e. You die;
f. We have cause to suspect that your use of the Hurupay Services harms, corrupts, degrades, ruins, or otherwise harms Hurupay, the Hurupay Services, and/or the Hurupay App;
g. The total number of transactions you make through your Hurupay Account has a considerable variation (either positive or negative);
h. You have acted or omitted to act in any way that we reasonably believe will harm Hurupay's business operations, reputation, or goodwill, and/or that we reasonably determine or suspect will result in any offence or increased risk or liability to us; and/or you have acted or omitted to act in any way that we reasonably determine or suspect will result in any offence or increased risk or liability to us; and/or you have acted or omitted to act in any way that);
i. We are unable to provide the Hurupay Services to you due to a third- party incapacity to provide us with any products and/or services that we require to provide the Hurupay Services to you.
6. Other than closing your Hurupay Account, we may take the following actions if you violate any of the Hurupay Terms (including failing to pay us any amount owed):
1)Suspend (in whole or in part) your use of the Hurupay Services, in which case we will not treat any order for a transaction that you may wish to make as having been received by us;
2)Disclose any transaction or other relevant information about you and your use of the Hurupay Services to the appropriate regulatory authority, law enforcement agency, or government department, and/or;
3)Seek damages from you if applicable
You accept to receive electronic messages from Hurupay in connection with Hurupay and the Hurupay Services. We shall send you communications via the Hurupay App or via email to the primary email address indicated in your Hurupay Account profile ('Primary Email Address'). It is your responsibility to keep this Primary Email Address safe. You acknowledge that Hurupay is not responsible for any damages or losses incurred as a result of any unauthorized use or loss of control of the above-mentioned Primary Email Address.
It is your obligation to ensure that you log onto and examine the Hurupay App, the Website, and your Primary Email Address on a regular basis, as well as open and review communications that we provide to you via those channels. You must review your notifications and Hurupay Transaction history and report any questions, apparent errors, or unauthorized Hurupay Transactions or usage of your Hurupay Account as soon as possible. Failure to contact us in accordance with the applicable Hurupay Terms in a timely way may result in the loss of funds and/or essential rights.
We may get in touch with you from time to time to inform you of changes to your Hurupay Account or to provide you with important information. It is your duty to ensure that you check the Hurupay App and Primary Email Address on a regular basis, and that your contact information in your Hurupay App profile is accurate. In compliance with these terms, you may contact us via the Hurupay App or via email at hello@hurupay.com
These Generally Applicable Terms, as well as any other applicable Hurupay Terms, including any applicable Supplements, and our Privacy Policy, which may be found at www.hurupay.com/privacypolicy, govern the processing of your personal data. Hurupay also complies with all applicable privacy laws.
We may gather Personal Data such as precise location data regarding a Hurupay Transaction when you utilize the Hurupay Services. We may gather the precise location of your device when the Hurupay App is running in the foreground or background if you allow the Hurupay App to access location services through the permission system employed by your mobile operating system. Your IP address may also be used to determine your approximate location. You can opt out of giving location data using the Hurupay App at any time if you have previously agreed to do so. Unless you opt out of giving location data, you consent to its collection, usage, sharing, and onward transmission, as detailed in our Privacy Policy. http://www.hurupay.com/privacypolicy.
You acknowledge that we may collect Personal Data regarding how you and other Hurupay Accountholders engage with the Hurupay Services, and you agree to this. We may access and keep names and contact information from your device's address book in order to support social interactions via the Hurupay Services and for other legitimate business purposes. We gather transaction information about your use of the Hurupay Services, such as the type of service you ordered, the day and time the service was performed, the amount charged, and other transaction information. Personal data regarding your mobile device, such as the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising IDs, serial number, device motion information, and mobile network information, may be collected.
You understand and consent that we may use the personal data we gather to make your interactions with the Hurupay Services more convenient, including sharing non-sensitive information about you with other Hurupay Account users.
You hereby irrevocably and unconditionally consent and authorize us to collect, use, process, and store any and all of your personally identifiable information, credit or financial information provided to us, including your KYC Information, at any time and at our absolute discretion, without regard to any of the consents provided to us by you in these Generally Applicable Terms or other Hurupay Terms. You also agree that we may disclose any and all of your personally identifiable information, credit or financial information, including your KYC Information, to the Card Issuer and/or other Hurupay affiliates, financial institutions, debt collection agencies, credit bureaus, any credit reporting agency, or any other third party service providers of Hurupay and/or the Card Issuer for any purpose related to our provision of services under applicable law.
If necessary to comply with relevant legislation or to identify whether any Hurupay Terms or relevant legislation have been violated, Hurupay reserves the right to transmit information or personal data about you, as well as activity you conduct through your Hurupay Account, to law enforcement institutions, state authorities, and financial institutions.
You consent to receive autodialed and pre-recorded message calls at the phone number you provide to Hurupay (including a mobile phone number). You can give us your phone number in a variety of ways, including when you open your Hurupay Account or when you update your profile on your Hurupay Account.
We will never market, advertise, or solicit you using autodialing or pre-recorded messages without your consent, but we may share your phone numbers with the Card Issuer, our affiliates, or other service providers, such as billing or collections companies, who may contact you using autodialed or pre-recorded message calls or text messages.
You accept and agree that Hurupay may monitor or record telephone conversations you or anyone acting on your behalf has with Hurupay or its representatives for quality control and training purposes, as well as for its own protection, without additional notice or warning. You recognize and accept that, while your conversations with Hurupay may be overheard, monitored, or recorded without further notice or warning, Hurupay does not promise that recordings of any given telephone call will be preserved or retrievable.
You consent to us using your personal information in connection with your Hurupay Account in order to review, develop, and enhance our products and services. This may include disclosing your personal information to our affiliates, agents, distributors, and suppliers in order for them to handle Hurupay Transactions and conduct statistical research and analysis. We may also share your personal information if forced to do so by law, legislation, or any competent authority or agency investigating any fraudulent, criminal, or unauthorised behaviour.
Please see our Privacy, Data Usage and Retention Policy at www.hurupay.com/privacypolicy for further information on the personal data that Hurupay collects and uses in connection with your Hurupay Account and use of Hurupay Services.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Hurupay owns or licences the Hurupay App and Website, as well as all Intellectual Property Rights included within, including but not limited to any logos, content, product information, and so on. Without our prior written consent, you may not copy, imitate, reproduce, edit, or otherwise use any Intellectual Property found on the Hurupay App, the Website, or any website linked from it in whole or in part.
Except as necessary to enable you to access the Hurupay App and/or Website, nothing in the Hurupay Terms provides you or any other person or organization any legal rights in the Hurupay App and/or Website. You undertake not to change, circumvent, or delete any notices on the Hurupay App and/or Website (including any Intellectual Property notices), including any digital rights or other security embedded or contained within.
You represent and warrant that the content, information, or data you submit to the Website or Hurupay App is yours and that you have all required rights to it.
In conjunction with the Hurupay Terms, we reserve all of our intellectual property rights. This implies that Hurupay, for example, will retain ownership of them and will be allowed to use them as it sees right.
We take customer complaints very seriously. Please refer to our Complaints Policy on the Website www.hurupay.com if you desire to lodge a formal complaint about us, the services we provide, or your Hurupay Account.
You may obtain a copy of the applicable Hurupay Terms, as well as any other information relevant to current applicable laws and regulations, at any time during the term of any Hurupay Terms.
Hurupay may unilaterally amend any and all Hurupay Terms by providing you with at least 1 (one) month written notice, either via the Website or the Hurupay App, or by sending an email to your Primary Email Address as set out in your Hurupay Account at any time. You agree that it is your duty to check for revisions on a regular basis and to be familiar with and follow the most recent version of the Hurupay Terms that apply to you.
You will be presumed to have accepted any modifications if you do not tell us to the contrary before the proposed date of the changes coming into effect. If you do not notify us to the contrary, your notification will be interpreted as a notice that you desire to close your Hurupay Account and terminate any applicable Hurupay Terms on the effective date of the changes.
Your non-termination of any Hurupay Services or continuous use of any Hurupay Services after the effective date of any amendments, changes, or updates signifies your acceptance of the Hurupay Terms, as modified by such amendments, changes, or updates.
If a change to the Hurupay Terms is required by law or relates to the addition of a new service, additional functionality to an existing Hurupay Service, a reduction in the cost of the Hurupay Services, or any other change that does not reduce your rights or increase your responsibilities, the change may be made without prior notice to you and will take effect immediately.
The Hurupay App, Hurupay Services, and Website are provided "as is," "as available," and without any express, implied, or statutory representations or warranties.
Hurupay disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and/or non-infringement for the Website and any and all of its components, as well as the Hurupay App and any and all of its components, to the maximum extent permitted by applicable legislation.
Hurupay, its officers, directors, agents, employees, and suppliers make no representation or warranty of any kind for the Hurupay Services, including the content, materials, information, and functions made available by the Hurupay Services when used on or accessed through the Hurupay App and/or Website, or for any security breach associated with the transmission of sensitive information through any Hurupay Interaction.
Hurupay makes no representation or warranty as to the Hurupay Services' compatibility for your needs. Hurupay does not guarantee the Website's uptime or availability, and does not promise that the Website or Hurupay Services will be error-free or uninterrupted. Hurupay is not liable for any service interruptions, including but not limited to system failures or other interruptions, that may affect the receipt, processing, acceptance, completion, or settlement of Hurupay Transactions or the Hurupay Services.
Hurupay has no influence over the items or services acquired through the Hurupay Services. Hurupay is not liable for the quality, performance, or any other consequences of the products and/or services purchased through the Hurupay Services, and expressly disclaims any such duty.
We retain the right, without notice or obligation, to change, suspend, or discontinue any component of the Hurupay Services, including hours of operation or availability of the Hurupay Services or any Hurupay Services feature.PROHIBITED ACTIVITIES
The following actions are prohibited (the "Prohibited Activities"):
1. Unless Hurupay expressly permits it in writing, you may not register more than one (1) Hurupay Account;
2. If you have had a previous Hurupay Account cancelled by Hurupay, you must not register a new Hurupay Account unless Hurupay expressly allows it in writing;
You must not attempt to manipulate or subvert the rights or obligations of Hurupay, any other Hurupay Account holder, or any third party; initiate or participate in any attempt to manipulate or subvert the rights or obligations of Hurupay, any other Hurupay Account holder, or any third party;
You shall not attempt to gain unauthorized access to any portion of the Website or the Hurupay App, or in any way compromise the security, functionality, or performance of the Website, the Hurupay App, or the Hurupay Services in any manner;
You must not infringe on Hurupay's or any third party's copyright, patent, trademark, trade secret, or other intellectual property rights, as well as publicity or privacy rights;
With respect to your Hurupay Interaction, you shall not act in a defamatory, libellous, threatening, or harassing manner;
You are not permitted to harass Hurupay personnel, agents, or other Hurupay Account holders;
You must not give Hurupay with any information that is false, inaccurate, or misleading;
You shall not refuse to participate with an inquiry or give proof of your identification or any other information to Hurupay;
You must not use the Hurupay Services in a way that is illegal under the law.
Hurupay reserves the right to limit, suspend, or terminate a Hurupay Account, access to any Hurupay Account, and use of any Hurupay Services and/or the Website at any time and without notice, including in connection with any activity deemed suspicious or fraudulent, or in any way directly or indirectly contrary to these Generally Applicable Terms, any other applicable Hurupay Terms, and, in particular, the Prohibited Activities.
If Hurupay considers, in its sole discretion, that you have violated any Hurupay Terms, including the Prohibited Activities, we may take steps to protect ourselves, other Hurupay Account holders, and any third parties. We may, for example, contact other Hurupay Account holders or third parties with whom you may have transacted, contact law enforcement or other appropriate agencies and authorities, take legal action against you, and/or limit your Hurupay Interaction as a result of this.
In the case of termination or cancellation of your Hurupay Account, any Account Balance, after any liquidation and deducting any applicable fees, will be available for withdrawal by you, unless Hurupay reasonably decides otherwise, for example due to any requirements of law enforcement authorities or court processes.
Any losses incurred as a result of the suspension of a Hurupay Account are not covered by Hurupay. For engaging in Prohibited Activities, Hurupay may impose any appropriate sanction, including freezing any assets held in your Hurupay Account and reporting to law enforcement and other authorities, as well as confiscation of any amounts held in your Hurupay Account if required by law or the relevant authorities.
Wherever feasible, Hurupay will provide you with pertinent information about the steps taken, but we may be unable to do so due to legal restrictions, such as not releasing protected third-party information or interfering with an investigation.
We shall be entitled to recover any sum due to us by retaining part or all of any sum that you have lodged with us under any Hurupay Transaction or otherwise if any event occurs that entitles us to be compensated by you (including, but not limited to, any technical errors on our behalf or on behalf of our third-party providers). You will not have a right of set-off in the same way.
For the avoidance of doubt, if one of your Hurupay Account's currency balances shows that you owe us money for any reason or has a negative balance, Hurupay may set-off the amount you owe us by using funds you have in that currency or in another currency balance, or by deducting amounts you owe us from money you receive into your Hurupay Account. Deductions may also be made from money you try to withdraw or send from your Hurupay Account, or from funds in another Hurupay Account that you control, as well as from any withdrawals you try to make.
If the amount owed to us is in a currency other than the Cryptocurrency you hold with us, we will use our Exchange Rates to convert the amount you hold with us to the currency of the amount you owe us. We don't need to inform you that this conversion is taking place.
1. Any liability arising from a breach of these Generally Applicable Terms or any other applicable Hurupay Terms is limited to any loss or damage that is a reasonably foreseeable result of such breach and results directly from the defaulting party's acts.
2. To the extent permitted by law, Hurupay is not liable or responsible, and you agree not to hold it liable or responsible, for any damages or losses (including, but not limited to, loss of any virtual currency, goodwill, reputation, profits, business opportunity, or other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from the use of the Hurupay Services, however arising, including but not limited to:
a. Your incapacity to utilize the Hurupay Services, for whatever reason;
b.delays or disturbances in the Hurupay Services;
c. the fact that accessing the Hurupay App, Website, or any related site or service may result in the transmission of viruses or other harmful malware;
d. any difficulties, bugs, errors, or inaccuracies in the Hurupay Services of any type;
e. third-party activities or inactions;
f. A suspension of your Hurupay Account or other action taken against it;
or
g. Third-party acts and operations are illegal.
3. Hurupay, its officers, authorized representatives, or connected entities or persons are not responsible for any delay or failure to meet their respective responsibilities, including any withdrawal requests, owing to any cause beyond their reasonable control. These are called Force Majeure Events and they include but are not limited to: any action or inaction by you or any third party; acts of God; war; riots; government intervention; natural disasters; any market movements, volatility, or crash; any technological failure, including failure within the virtual currency ecosystem; any infrastructure failure, including computer, server, or network failures beyond our reasonable control; security breaches; acts or omissions of a third party; acts or omissions of a third party; acts or omissions of a third party; acts or omissions
4. Hurupay employs industry-standard techniques to keep its Website, the Hurupay App, and its Hurupay Services free of viruses and other malicious software, but we cannot guarantee that they will remain virus-free. We are not responsible for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that infects your computer equipment, computer programs, data, or other proprietary material as a result of your use of our Website, the Hurupay App, or Hurupay Services, or your downloading of any content from it or any website linked to it.
5. We shall not be liable if a request to obtain or restrict exposure that you submit to us is not displayed on the Website or the Hurupay App, or if it is withdrawn or not carried out.
6. Certain warranty disclaimers and liability limits are prohibited in some jurisdictions. You will only be subject to disclaimers or limits that are permissible under applicable law. Subject to the foregoing, our liability will be limited to the maximum extent permitted by applicable laws, and Hurupay, its officers, employees, licensors, partners, service providers, or subcontractors (if any) will not be liable for any indirect, special, incidental, punitive, or consequential damages (including, without limitation, lost profits, loss of use, loss of data, or loss of goodwill) arising out of or in connection with any Hurupay. Whether such liability arises from a claim based on breach of contract, breach of warranty (including negligence), product liability, or otherwise, and whether or not the respective persons have been advised of the possibility of such damages, the foregoing provisions apply in relation thereto, but are not limited to:
a. Your use of, access to, and display of the Hurupay Services, as well as any delay or inability to use, display, or access the Hurupay Services;
b. Viruses, information, software, connected sites, items, or services accessed from the Hurupay Services;
or
c. Any firm that uses Hurupay Services or another third party's act or omission;
d. Any acts or omissions by any cryptocurrency custodian, whether or not liability is determined in respect of such third parties;
e. Any non-execution or improper execution of a Hurupay Transaction, whether a virtual currency transaction or a Hurupay bank transfer, that we have carried out in accordance with a unique identification provided by you that proves to be erroneous;
f. Any failure or delay in performing our obligations under applicable Hurupay Terms (including any delay in payment) due to any cause beyond our reasonable control, including but not limited to any action or inaction by you or any third party, any force majeure event, bank delay, postal delay, failure or delay of any fax or electronic transmission, any accident, emergency, act of God, or any unusual or unforeseeable circumstances;
g. Delays or disturbances in the Hurupay Services; Viruses or other malicious software obtained by accessing the Website or any associated site or service; any glitches, bugs, errors, or inaccuracies in the Hurupay Services; any virus, distributed-denial-of-service attack, or other technologically harmful material that infects your computer equipment, computer programs, data, or other proprietary material as a result of your use of our Website or Hurupay App or your downloading of any content on it.
h. a third-material, party's activities, or inactions;
i. Your Hurupay Account has been suspended or further action has been taken against it;
j. As a result of changes to any Hurupay Terms or Hurupay Policies, you may need to adapt your practices, content, or behaviour, or you may lose or be unable to do business.
k. Third-party criminal acts and operations involving counterfeited and/or illegal documents or data obtained illegally;
l. Any losses incurred as a result of a new law or regulation imposing a duty on us, or our obligations under the laws of any jurisdiction;
m. Any loss or damage you may incur as a result of any abnormal or unforeseeable circumstances beyond our reasonable control that would have been unavoidable despite our best efforts, such as delays or failures caused by problems with another system or network, any breakdown or failure of transmission, communication, data processing, or computer facilities, mechanical breakdown, an act of State of Government, war, riot, or terrorism, any act of God, any market, postal, or other strikes or other similar industrial action, or any inability or delay in obtaining any materials, energy, or other supplies required to fulfill our responsibilities under the Terms.
n. Your use of, or inability to use, Hurupay corresponding Accounts, and/or the Hurupay App, as a result of or in connection with any failed, missed, delayed, or fraudulent transactions, payment transmission errors, etc.
o. Any unauthorized access to, disclosure of, or unlawful or fraudulent use of your Hurupay Account, Hurupay App, Personal Data, pin, or password that is not attributable to Hurupay's negligent or dishonest acts or omissions;
p. Any other party's mistake, negligence, willful default, misconduct, fraud, act, omission, breach or failure, or violation of applicable laws (including you and the Card Issuer);
q. Our following your directions in a reasonable manner;
r. Any loss incurred by you or a third party as a result of events beyond our control (such as non-delivery of mail, machine failure, system failure, strikes, or communication linkage failure);
s. Any losses incurred as a result of your negligence or fraudulent behaviour, whether alone or in concert with others;
7. Subject to the foregoing, Hurupay's responsibility to you under any Hurupay Terms is limited to the Fees you paid to Hurupay in the three months prior to the alleged violation.
8. Nothing in the Hurupay Terms will operate to limit or eliminate liability for death or personal injury, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or modified by law.
9. You are still liable for the following under any and all relevant Hurupay Terms:
a. All financial or other liabilities incurred by Hurupay, a Hurupay Accountholder, or a third party as a result of your breach of any Hurupay Terms, your use of the Hurupay Services, or any usage of your Hurupay Account. To the extent not prohibited by applicable law, you undertake to refund the Card Issuer, Hurupay, a Hurupay Accountholder, or a third party for any and all such liabilities.
b. Irrespective of termination, suspension, or closure, any charges and other amounts incurred through the use of your Hurupay Account; and
c. complying with all laws, rules, and regulations of your specific jurisdiction that may apply to you in connection with your use of the Hurupay App, the Website, and/or Hurupay Services, including but not limited to those related to export or import activity, taxes, or foreign currency transactions. You are solely responsible to the state and other subjects for the fulfillment of all tax obligations. Hurupay is not liable for the fulfilment of tax requirements, as well as the calculation and transfer of taxes that apply to you.
You agree to defend, reimburse, and/or compensate Hurupay and any associated entities, third-party providers, employees, agents, or persons authorised to act on our behalf, as well as their respective directors, shareholders, officers, employees, or agents, and hold them harmless from any action, including legal action, claim, demand, loss, liability, expense, cost, and fee, including attorney fees, arising directly, indirectly, or in any connection with the use of Hurupay Services.
1. Hurupay may terminate any Hurupay Terms at any time by giving you (30) thirty days' notice, at its sole discretion. Any of our rights or obligations arising under the Hurupay Terms will not be affected if the Hurupay Terms are terminated.
2. Your Hurupay Account may be closed if your Hurupay Terms are terminated. Your remaining balance will be handled in accordance with these Generally Applicable Terms.
3. Any clauses that should, by their nature, survive the expiration of the particular Hurupay Terms will do so,
a. any applicable Hurupay Terms may be terminated with immediate effect by any Party at any time, without prejudice to any rights that have accrued under applicable Hurupay Terms, or any party's other rights or remedies, if:
b. the other party breaches any Hurupay Terms materially and fails to fix the infringement within 30 days after being notified in writing to do so;
c. the other party repeatedly violates any of the Hurupay Conditions in such a way that it is reasonable to believe that its actions are inconsistent with its intention or ability to carry out the terms of the Hurupay Terms;
d. a bankruptcy, insolvency, winding up, or other similar event has occurred to the other party; and/or
e. Because of laws, payment scheme rules, regulatory authority rules or guidance, or any change in or introduction thereof (or change in the interpretation or application thereof), performing or giving effect to any of the parties' obligations hereunder is unlawful or contrary to any such law, rule, order, or regulation, and such obligation cannot be easily severed from the Hurupay Terms.
4. Without prejudice to any rights or remedies that may have accrued under applicable Hurupay Terms, Hurupay may terminate any Hurupay Terms with immediate effect by giving writing notice to you if:
a. We have been unable to validate your details in accordance with the Hurupay Terms;
b. You die;
c. We have reason to suspect that your use of the Hurupay Services damages, corrupts, degrades, destroys, or otherwise negatively affects any Hurupay Services, as well as any other software, firmware, hardware, data, systems, or networks that you access or use;
d. There is a considerable change in the total number of Hurupay Transactions you make (either positive or negative);
e. You have acted or omitted to act in any way that we reasonably believe will harm Hurupay's business operations, reputation, or goodwill, or that we reasonably determine or suspect will result in any offence or increased risk or liability to us; and/or you have acted or omitted to act in any way that we reasonably determine or suspect will result in any offence or increased risk or liability to us; and/or you have acted or omitted to act in any;
f. We are unable to deliver the Hurupay Services to you because a third party has failed to provide us with any goods or services that we require to provide the Hurupay Services to you.
5. We are otherwise entitled to terminate these or any other Hurupay Terms if you have breached any Hurupay Terms (including your obligation to pay us any sum outstanding), or we may:
a. suspend (in whole or in part) your use of the Hurupay Services, in which case we will not recognize any order for a Hurupay Transaction that you may wish to make as having been received by us;
b. Any Hurupay Transaction, as well as any other relevant information about you and your use of the Hurupay Services, should be reported to the appropriate regulatory authority, law enforcement agency, or government department; and/or
c. If necessary, seek compensation from you.
d. The closing of your Hurupay Account, as well as all Hurupay Services, Hurupay Cards, and the associated Hurupay Terms, is required to terminate these Generally Applicable Terms. Your remaining balance will be handled by Hurupay in collaboration with the Card Issuer in line with the relevant Hurupay Terms, which, for the avoidance of doubt, include the Card Issuer Terms.
e. Any terms that should by their nature survive the termination of these Generally Applicable Terms or other Hurupay Terms, as applicable, shall also survive.
Without prior warning to the Hurupay Account holder, Hurupay has the right to cancel access to and/or confiscate any funds kept in a Hurupay Account indefinitely. According to current law, Hurupay is not compelled to and may be prohibited from disclosing the reasons for such Hurupay Account limitations.
In closing your Hurupay Account, we may transfer the money back to their source unless we are forbidden from doing so by any applicable legislation, rule, court order, or instruction or guidance of a competent regulatory authority or agency. Regardless of the foregoing or any other provision in any applicable Hurupay Terms, Hurupay reserves the right to refuse to refund your account balance, in whole or in part, or to restrict access to your account balance in accordance with applicable law if we reasonably believe you have not acted in accordance with any Hurupay Terms or have acted unlawfully, or if we are prohibited from allowing you access to your account balance by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or agency.
It is your obligation to identify which taxes, if any, apply to the payments you make or receive, and to collect, report, and repay the applicable tax to the appropriate tax body. We are not responsible for assessing whether taxes apply to your Hurupay Transactions, or for collecting, reporting, or remitting any taxes owed as a result of your Hurupay Transactions.
It is your obligation to comply with all applicable tax regulations in connection with your use of the Hurupay Services, including, but not limited to, the reporting and payment of any taxes deriving from profits made via use of the Hurupay Services.
Where you use your Hurupay Services abroad, we may be required to comply with foreign tax regulations in certain instances. You undertake to abide by all relevant tax regulations in connection with your use of the Hurupay Services, including, but not limited to, the reporting and payment of any taxes arising from Hurupay Transactions made through the Hurupay Services.
If We have made these Terms and Conditions available to You via our Service, they may have been translated. In the event of a disagreement, you agree that the original English text will take precedence.
Unless otherwise noted, these Generally Applicable Terms, as well as all additional Hurupay Terms, are governed by the laws of Delaware, United States, and any claim or dispute arising out of them is subject to the exclusive jurisdiction of Delaware courts. These Generally Applicable Terms do not include any alternative dispute resolution methods as a means of disputing or issuing any claims in respect to these Generally Applicable Terms, for the avoidance of doubt.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
You represent and warrant that:
a. You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a 'terrorist supporting' country, and
b. You are not listed on any United States government list of prohibited or restricted parties.
You may be asked to accept additional terms and conditions, either with Hurupay or with a third party, in order to use various functions of the Hurupay Services.
You consent to this by opening a Hurupay Account.You and Hurupay agree that each party may only make claims against the other on an individual basis, not as a plaintiff or class member in any ostensibly class or representative action or proceeding. No adjudicator has the authority to consolidate or join the claims of more than one person or party, and no adjudicator has the authority to preside over any type of consolidated, representative, or class action. Any relief granted to one Hurupay Account holder will not affect the accounts of other Hurupay Account Holders.
These Generally Applicable Terms, as well as all other Hurupay Terms unless expressly indicated otherwise, do not intend to confer any benefit on any third party. Any rights to enforce any of these terms against Hurupay are limited to the Hurupay Accountholder.
Without Hurupay's prior written agreement, you may not transfer, assign, or sell any rights or obligations you have under the Hurupay Terms, or otherwise award any third person a legal or equitable interest in your Hurupay Account. At any moment, Hurupay reserves the right to transfer or assign any and all Hurupay Terms, as well as any right or obligation arising from them.
We will not be deemed to have waived any of our rights under the Hurupay Terms or relevant laws if we fail to pursue them.
Any subpoena, levy, or other legal procedure that we believe is valid may be followed. We may send you an email, a phone call, or a letter informing you of the procedure.
Hurupay has the right to replace any of their third-party service providers, including the Card Issuer and processor, at any time and without warning.
Hurupay maintains the right, but not the obligation, to edit, change, refuse to post, or remove any provider content, in whole or in part, that is objectionable, erroneous, illegal, fraudulent, or otherwise in violation of the Hurupay Terms in its sole and absolute discretion.
If any term of the Hurupay Terms is found to be invalid or unenforceable, the remaining provisions will be enforced to the degree practicable, unless otherwise indicated in any Hurupay Terms.
Exchange rates for foreign currencies fluctuate due to factors beyond our control. Past movements or patterns in foreign currency exchange rates should not be interpreted as a predictor of future changes in such rates.
The headers of clauses, schedules, and paragraphs have no bearing on the interpretation of these Terms.
A natural person, a corporation, or an unincorporated body are all considered people (whether or not having separate legal personality).
Any applicable Schedules are incorporated into these Generally Applicable Terms and have the same force and effect as if they were included in their entirety in the body of these Generally Applicable Terms. The Schedules are included in any reference to these words.
Any company, corporation, or other body corporate, wherever and however constituted or established, will be referred to as a company. Unless the context dictates otherwise, singular words include plural words, and multiple words include singular words, and references to one gender include references to the other genders.
The parties to the relevant Hurupay Terms, as well as their personal representatives, successors, and permitted assigns, shall be bound by these Generally Applicable Terms and any other applicable Hurupay Terms, and references to any party shall include that party's personal representatives, successors, and permitted assigns.
A reference to a legislation or statutory provision means that it has been altered, extended, or re-enacted at some point in the past.
Email, Website notifications, and the Hurupay App are all examples of writing or writing.
A party's commitment not to do something also includes an obligation not to allow it to be done.
In any jurisdiction other than Delaware, United States, any reference to a legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official, or any legal concept or thing shall be deemed to include a reference to that which most closely approximates the equivalent legal term in that jurisdiction.
Any reference to any Hurupay Terms or any other agreement or document referred to in any Hurupay Terms refers to the said Hurupay Terms or such other agreement or document as varied or novated from time to time (in each case, except in violation of applicable Hurupay Terms).
Clause references are to the relevant Hurupay Terms Clauses, unless otherwise noted, and are to Clauses within the Section in which the reference appears. References to paragraphs also refer to the applicable Section's paragraphs.
References to Schedules refer to the relevant Hurupay Terms' Schedules, while references to paragraphs refer to the relevant Schedule's paragraphs.
Any words after the phrases include, in particular, for example, or any similar expression are illustrative and do not limit the meaning of the words, description, definition, phrase, or term preceding those terms.
Supplements to these Generally Applicable Terms are an important element of these terms because they outline how you and Hurupay will use specific Hurupay Services.
The definitions in this document and below apply to these Generally Applicable Terms, as well as all other Hurupay Terms unless expressly specified otherwise.
Patents, invention rights, copyright and related rights, trademarks and service marks (whether registered or not), business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, styles of presentation of goods and services, database rights, rights to use, know-how, utility model, and protect the confidentiality of confidential information (including know-how) are all examples of intellectual property. This includes all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, intellectual property, whether registered or unregistered, and all similar or equivalent rights or forms of protection that exist or will exist now or in the future in any part of the world. Hurupay Account: Your account with Hurupay which is governed by Generally Applicable Terms, as well as any other applicable Hurupay Terms.
Hurupay's mobile application which allows account holders to manage and access their accounts and information, as well as apply for Hurupay services.
The Hurupay Services contact centre where you can get answers to your questions about your Hurupay Services.
You can contact Customer Services by:
a. Calling the number listed on our website (calling this number may incur a charge from your network provider);
b. sending an email to hello@hurupay.com using the email address associated with your Hurupay account; or
Your name, date of birth, home address, email address, and telephone (landline and/or mobile) number are all registered personal identifiable details connected to the use of your Hurupay Account. Our Privacy Policy contains a complete list of the Personal Data we process.
The primary email address is the one you entered in your Hurupay Account profile.
Is as defined under the relevant clause to this agreement.
1. Independent Parties. Hurupay is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
2. Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of Hurupay Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
3. Interpretation and Revision. Hurupay reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on Hurupay websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of Hurupay Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, Hurupay will not be responsible for any modification or termination of Hurupay Services by you or any third party, or suspension or termination of your access to Hurupay Services.
4. Language & Translations: These Terms may, at Hurupay’s sole and absolute discretion, be translated into a language other than the English language. You agree that any such translation shall only be for your convenience and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.
5. Force Majeure. Hurupay will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Hurupay’s reasonable control.
6. Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
7. Assignment. You may not assign or transfer any right to use Hurupay Services or any of your rights or obligations under these Terms without prior written consent from Hurupay, including any right or obligation related to the enforcement of laws or the change of control. Hurupay may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
8. Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
9. Third-Party Website Disclaimer. Any links to third-party websites from Hurupay Services does not imply endorsement by Hurupay of any product, service, information or disclaimer presented therein, nor does Hurupay guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party products and services, Hurupay will not be liable for such loss. In addition, since Hurupay has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.
10. Matters Related to Apple Inc. If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through Hurupay Services, such activities and programs are provided by Hurupay and are not associated with Apple Inc. in any manner.
11. Contact Information. For more information on Hurupay, you may refer to the company and license information found on Hurupay websites. If you have questions regarding these Terms, please feel free to contact Hurupay for clarification via our Customer Support team at www.hurupay.com
