Terms and Conditions
Last Updated Date: 10 May 2022
Please read these Terms and Conditions (“Terms”) carefully as they form a binding legal agreement between you and Hector Enterprise Inc. with its registered office at Trinity Chambers, PO Box 4301, Road Town, Tortola, British Virgin Islands (“Hector Finance” or “we” or “our” and its derivatives). Our website (https://hector.finance/) and any other sites or subdomains of Hector Finance (collectively, the “Site”) and the information on it are controlled by Hector Finance. These Terms govern the use of the Site and apply to all visitors to the Site and those who use the services and resources available or enabled via the Site (each a “Service” and collectively, the “Services”).
By accessing the Site or accessing, using or continuing to use the Services, you signify that you have read, understand, and agree to be bound by these Terms (as amended) in its entirety. If you do not agree, you should not use the Site or use the Services. The use of the Site and any Services is void where such use is prohibited by, would be subject to penalties under Applicable Laws, and shall not be the basis for the assertion or recognition of any interest, right, remedy, power, or privilege.
Hector Finance may modify these Terms at any time and in our sole discretion. If we do so, we will change the “Last Updated Date” at the beginning of these Terms. You must consent to any updated Terms before you continue using the Services following an update to these Terms. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms, as modified by such amendments, changes, or updates. We invite you to check this page regularly for updates to these Terms.
1.1. In these Terms and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:
1.1.1. “Applicable Law” or “Law” means all laws, statutes, orders, regulations, rules, treaties and/or official obligations or requirements enacted, promulgated, issued, ratified, enforced, or administered by any Government that apply to you or the Site;
1.1.2. “AML” means anti-money laundering, including all Laws applicable to the Parties prohibiting money laundering or any acts or attempted acts to conceal or disguise the identity or origin of; change the form of; or more, transfer, or transport, illicit proceeds, property, funds, fiat, or Digital Assets, including but not limited to the promotion of any unlawful activity such as fraud, tax evasion, embezzlement, insider trading, financial crime, bribery, cyber theft or hack, narcotics trafficking, weapons proliferation, terrorism, or Economic Sanctions violations;
1.1.3. “Anti-Corruption” means all Laws applicable to each Party prohibiting corruption or bribery of government officials, kickbacks, inducement, and other related forms of commercial corruption or bribery;
1.1.4. “CTF” means counter-terrorist financing;
1.1.5. “Digital Assets” means a digital representation of value that functions as (a) a medium of exchange; (ii) a unit of account; (iii) a store of value, and/or (iv) other similar digital representations of rights or assets, which is neither issued nor guaranteed by any country or jurisdiction, typically including blockchain-based assets or rights including sovereign cryptocurrency or virtual currency;
1.1.6. “Economic Sanctions” means financial sanctions, trade embargoes, export or import controls, anti-boycott, and restrictive trade measures enacted, administered, enforced, or penalized by any Laws applicable to you or the Site;
1.1.7. “Feedback” means any ideas, suggestions, documents, and/or proposals about the Site and the Services;
1.1.8. “Government” means any national, federal, state, municipal, local, or foreign branch of government, including any department, agency, subdivision, bureau, commission, court, tribunal, arbitral body, or other governmental, government appointed, or quasi-governmental authority or component exercising executive, legislative, juridical, regulatory, or administrative powers, authority, or functions of or pertaining to government instrumentality, including any state-owned (majority or greater) or controlled business enterprise;
1.1.9. “Hector Finance Content” means the Services and the information and content available therein;
1.1.10. “Personal Information” means any information that allows us to identify you or any other individual;
1.1.11. “Prohibited Jurisdictions” means any state, country, territory or other jurisdiction where your use of the Services would be illegal or where your use of the Services would amount to any violation of any Applicable Law either by you or by Hector Finance;
1.1.12. “Prohibited Conduct” has the meaning set out in section 6 of these Terms;
1.1.13. “Rewards” means, including but not limited to, any incentives, rebates or remittances associated with the Services;
1.1.14. “Terms” means these terms and conditions of services, as they may be changed, amended, or updated from time to time;
1.1.15. “Third Party Services” means applications and/or services hosted by third parties;
1.1.16. “User Content” means all data and information provided or uploaded by you to the Services;
2.1. HECTOR FINANCE IS NOT A BANK, SECURITIES FIRM, FINANCIAL INSTITUTION, FINANCIAL SERVICES PROVIDER OR PROVIDER OF SIMILAR SERVICES AND DOES NOT PROVIDE INVESTMENT OR FINANCIAL ADVICE, FINANCIAL SERVICES OR CONSULTING SERVICES TO USERS OF THE SERVICES. WE ARE SOLELY THE PROVIDER OF THE SERVICES AS DEFINED ABOVE. YOUR LOGGED DIGITAL ASSETS ARE NOT COVERED BY INSURANCE AGAINST LOSSES OR SUBJECT TO ANY DEPOSIT INSURANCE SCHEMES OR PROTECTIONS.
3.1. By browsing the Site and/or using the Services, you represent that (a) you have read, understand, and agree to be bound by the Terms, (b) you are 18 years or older, or of the age of majority in your local jurisdiction, whichever is higher, and legally capable of forming a binding contract with Hector Finance, and (c) you have the authority to enter into the Terms personally or on behalf of the legal entity for whom you are using the services. The term “you” refers to you individually or the legal entity on whose behalf you use the Services, as applicable. If you do not agree to be bound by the Terms, you may not access or use the Services.
3.2. You may not use the Services if you are located in, or are a citizen or resident of any Prohibited Jurisdiction. It is your obligation to check before using the Services whether you are a user from a Prohibited Jurisdiction. We may implement controls to restrict access to the Services from any Prohibited Jurisdiction pursuant to these Terms. You agree to comply with these Terms even if our methods to prevent the use of the Services are not effective or can be bypassed.
4.1. Prior to using the Services, you should examine your objectives, financial resources and risk tolerance to determine whether utilising the Services is appropriate for you. By accessing and using the Site and/or Services, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems and that you have a working knowledge of the usage and intricacies of Digital Assets. You further understand that the markets for Digital Assets are highly volatile. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time. You further acknowledge the risk that your Digital Assets may lose some or all of their value while they are supplied to the Services.
4.2. By using the Services, you further understand and agree that any Rewards are not guaranteed and the timing of the Rewards may vary. Such rates have no relationship to and may not be competitive with benchmark interest rates observed in the market for bank deposit accounts. You agree and understand that Hector Finance does not guarantee that you will receive these Rewards and that the applicable percentage or nominal value is an estimate only and not guaranteed and may change at any time in Hector Finance’s sole discretion.
4.3. The Services are evolving and you may be required to accept updates to Services, or update third-party software (i.e., browsers, hardware wallet firmware, hardware wallet bridge, or OS) in order to keep using the Services or access their latest features, including security updates. We may update the Services at any time, without providing notice.
4.4. The Services may provide access to, integrate, or create user interfaces or interactions with Third Party Services. Access to Third Party Services may be geo-blocked for residents of certain countries. You agree that it is impossible for Hector Finance to monitor Third Party Services and that you access them at your own risk. Do not share any credential, private key, or other sensitive or confidential information with any third party without validating their legitimacy. Third Party Services are available to you, subject to the terms and conditions of each Third Party Services provider. To the extent Third Party Services have terms that differ from these Terms, you may be required to agree to those terms in order to access the Third Party Services. You agree to only use any Third Party Services in compliance with the terms and conditions governing such Third Party Services. Although we do our best to only provide links to credible and reliable Third Party Services, we do not control the terms, policies, or performance of any third parties, and we are not responsible for any performance, or failure to perform, of any Third Party Services. We do not provide customer support for transactions and/or services performed by Third Party Services providers. We do not guarantee that these Third Party Services are secure (although we do our best to include only the reliable ones). We do not guarantee that the Third Party Services’ instructions and libraries used for any interactions are correct and without any errors.
4.6. You must provide all equipment and software necessary to use the Services yourself. You are solely responsible for any fees, including but not limited to internet connection, mobile or blockchain-related transaction fees, that you incur when accessing or using the Services.
5.1. Hector Finance (and/or its suppliers, where applicable) owns all right, title and interest in and to the Hector Finance Content and the Site. You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Hector Finance Content.
5.2. Hector Finance and other related graphics, logos, service marks and trade names including but not limited to the Hector Finance Content used on or in connection with the Services are intellectual property of Hector Finance and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners including but not limited to Hector Finance’s suppliers.
5.3. The Hector Finance Content is protected worldwide by copyright, trademark, or other intellectual property protection legally available. Subject to the Terms, Hector Finance grants you a personal, restricted, non-exclusive, non-transferable, non-sublicensable, revocable and limited license to reproduce portions of Hector Finance Content solely as required to use the Services for your personal or internal business purposes. Unless otherwise specified by Hector Finance in a separate license, your right to use any Hector Finance Content is subject to these Terms.
5.4. You own your User Content. By posting, displaying, sharing or distributing User Content on or through the Services, you grant us, and the provider of any Third Party Services used in connection with the Services, a non-exclusive license to use the User Content solely for the purpose of operating the Site and providing the Services. Except as prohibited by Applicable Law, we may disclose any information in our possession (including User Content) in connection with your use of the Services, to (a) comply with any Applicable Law, regulation and/or order of a competent authority; (b) enforce these Terms, (c) respond to your requests for customer service, (d) protect the rights, property or personal safety of Hector Finance, our employees, directors, officers, partners, suppliers, customers, agents, or members of the public, or (e) for any other purpose legally possible reasonably determined by us.
5.5. You may provide Feedback to Hector Finance through any means, and you grant Hector Finance a fully paid, royalty-free, perpetual, irrevocable, worldwide, exclusive, and sublicensable right and license to use the Feedback for any purpose.
6.1. You may not use the Services for any purpose that is prohibited by the Terms or Applicable Law. You may not, including but not limited to, (a) use the Site or any Services in order to disguise the origin or nature of illicit proceeds of, or to further, any breach of Applicable Laws, or to transact or deal in, any contraband Digital Assets, fiat, funds, property, or proceeds; (b) use the Site or any Services if any Applicable Laws, including but not limited to AML Laws, CTF Laws, Anti-Corruption Laws, Economic Sanctions Laws, prohibit, penalize, sanction, or expose the Site to liability for any Services furnished or offered to you under these Terms; (c) use the Site or any of the Services to facilitate, approve, evade, avoid, violate, attempt to to violate, aid or abet the violation of, or circumvent any Applicable Laws, including but not limited to AML Laws, CTF Laws, Anti-Corruption Laws, and Economic Sanctions Laws; (d) use the Site or any Services to evade taxes under the Laws of the British Virgin Islands or any other jurisdiction(s) applicable to you or the Site; (e) use the Site or any Services to engage in conduct that is detrimental to Hector Finance or to any other Site user or any other third party; (f) use the Site or any Services to: engage or attempt to engage in wash trading, spoofing, fictitious trading or price manipulation; enter orders or quotes in any Digital Assets market with the intent to disrupt, or with reckless disregard for the adverse impact on, the orderly conduct of trading or the fair execution of transactions; or enter orders or quotes in any Digital Assets market with the intent of creating the false impression of market depth or market interest; or (g) violate, cause a violation of, or conspire or attempt to violate these Terms or Applicable Laws.
6.2. By accessing the Services, you also agree not to: (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or Hector Finance Content, or any portion thereof; (b) frame or enclose any trademark, logo, or other Hector Finance Content, (including images, text, page layout or form); (c) use any metatags or other “hidden text” using Hector Finance’s name or trademarks; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services (except to the extent this restriction is expressly prohibited by Applicable Law); (e) use any manual or automated software, devices or other processes (including spiders or other data mining tools) to “scrape” or download data from the Site or from the Services (except that we grant operators of public search engines a revocable permission to do so for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such content); (f) access the Services in order to build similar or competitive services; (g) copy, reproduce, distribute, republish, download, display, post or transmit any Hector Finance Content except as expressly permitted herein; and (h) remove or destroy any copyright notices or other proprietary markings contained on or in the Services or Hector Finance Content. Hector Finance, its suppliers and service providers reserve all rights not expressly granted by these Terms. Any unauthorized use of the Services terminates the licenses and/or rights granted by Hector Finance herein.
6.3. You shall not (and shall not permit any third party to) take any action or make available any content on or through the Services that: (a) infringes any intellectual property rights of any person or entity; (b) is unlawful, threatening, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or offensive; (c) is unauthorized or unsolicited advertising, junk or bulk email; (d) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (e) impersonates any person or entity, including any employee or representative of Hector Finance; (f) interferes with the proper functioning of the Services; (g) engages in any potentially harmful acts directed against the Site or the Services, including violating any security features, introducing malware, viruses, worms, or similar harmful code into the Site or the Services; or (h) attempts to do any of the foregoing.
7.1. You agree and understand that all usage of the Site and the Services is considered unsolicited, which means that you have not received any investment, legal, tax or financial advice from us in connection with any such usage, and that we do not conduct a suitability review of any such usage.
7.2. All information provided within the Site or the Services is for informational purposes only and should not be construed as investment, legal, tax or financial advice.
8.1. THESE TERMS ARE NOT INTENDED TO AND DO NOT CREATE OR IMPOSE ANY FIDUCIARY DUTIES ON US. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT WE OWE NO FIDUCIARY DUTIES OR LIABILITIES TO YOU OR ANY OTHER PARTY, AND THAT TO THE EXTENT ANY SUCH DUTIES OR LIABILITIES MAY EXIST AT LAW OR IN EQUITY, THOSE DUTIES AND LIABILITIES ARE HEREBY IRREVOCABLY DISCLAIMED, WAIVED, AND ELIMINATED. YOU FURTHER AGREE THAT THE ONLY DUTIES AND OBLIGATIONS THAT WE OWE YOU ARE THOSE SET OUT EXPRESSLY IN THESE TERMS.
9.1. Although Hector Finance does not generally monitor your use of the Services, if Hector Finance becomes aware of or suspects any possible violations by you of any provision of the Terms or any Applicable Law, Hector Finance may investigate such violations and, at its sole discretion, take any actions it deems appropriate including but not limited to terminating your access to the Services, putting your access to the Services on hold, putting your account on hold or terminating it permanently.
10.1. You agree to indemnify and hold Hector Finance harmless from any losses, costs, liabilities and expenses (including legal fees) relating to or arising out of: (a) your use of, or inability to use, the Site or the Services; (b) your violation of the Terms; (c) your violation of any rights of another party, including but not limited to any other users of the Services; or (d) your violation of any Applicable Laws. Hector Finance may, at its own discretion, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall fully cooperate with Hector Finance in asserting any available defenses. This provision does not require you to indemnify Hector Finance for any fraud, gross negligence, or wilful misconduct of Hector Finance.
11.1. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND HECTOR FINANCE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL RISK OF USE OF THE SERVICES RESTS ENTIRELY WITH YOU.
11.2. HECTOR FINANCE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HECTOR FINANCE LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON OR ACCESSED VIA THE SERVICES, INCLUDING THE USE OF THIRD PARTY SERVICES. THE RISK OF DAMAGE, LOSS OR INJURY FROM USE OF SUCH THIRD PARTY SERVICES RESTS ENTIRELY WITH YOU.
12.1. By using the Services, you acknowledge and agree: (a) to be fully responsible and liable for your trading and non-trading actions and inactions on the site and all gains and losses sustained from your use of the Site and any of the Services; and (b) to be fully responsible for safeguarding access to, and any information provided through the Site and any of the Services.
12.2. IN NO EVENT WILL HECTOR FINANCE BE LIABLE FOR ANY LOST PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT HECTOR FINANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LIABILITY ASSERTED. IF ANY DISCLAIMER OR LIMITATION IN THIS SECTION 12.2. IS DEEMED INVALID, UNENFORCEABLE OR INEFFECTIVE BY THE APPLICABLE LAW, SUCH DISCLAIMER OR LIMITATION SHALL BE DEEMED MODIFIED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW.
12.3. UNDER NO CIRCUMSTANCES WILL HECTOR FINANCE BE LIABLE TO YOU FOR DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES EXCEEDING 100 USD. IF ANY DISCLAIMER OR LIMITATION IN THIS SECTION 12.3. IS DEEMED INVALID, UNENFORCEABLE OR INEFFECTIVE BY THE APPLICABLE LAW, SUCH DISCLAIMER OR LIMITATION SHALL BE DEEMED MODIFIED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW.
12.4. THE LIMITATIONS IN SECTIONS 12.1. AND 12.2. WILL NOT APPLY TO DAMAGES CAUSED BY FRAUD, GROSS NEGLIGENCE, OR WILFUL MISCONDUCT OF HECTOR FINANCE, OR TO THE EXTENT SUCH LIMITATIONS ARE PRECLUDED BY APPLICABLE LAW (IN WHICH CASE HECTOR FINANCE’S LIABILITY SHALL BE INCREASED TO THE MINIMUM AMOUNT REQUIRED TO COMPLY WITH SUCH LAW).
13.1. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect for so long as you access the Site or use the Services, unless terminated earlier in accordance with the Terms.
13.2. Hector Finance may, at any time and for any reason, cease providing the Site or any or all of the Services, and/or terminate the Terms. Without limiting the foregoing, we may also terminate your access to any or all of the Hector Finance Content and/or the Services.
13.3. Upon termination of the Services, your right to use the Services will automatically terminate immediately. Hector Finance will not have any liability whatsoever to you for any suspension or termination. All provisions of the Terms which by their nature should survive termination of these Terms or the Services will do so, including but not limited to Sections 3, 5, 7, 7,10, 11, 12, 13.4 and 13.
14.1. Communications to you from Hector Finance use electronic means, whether made via the Services or sent via email, or whether Hector Finance posts notices on the Services. For contractual purposes, you (1) consent to receive communications from Hector Finance in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Hector Finance provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing in a physical copy. The foregoing shall not affect your statutory rights.
14.2. Where Hector Finance requires that you provide an email address, you are responsible for providing Hector Finance with your most current and correct email address. In the event that the last email address you provided to Hector Finance is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, Hector Finance’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Hector Finance at the following email address only: [email protected] Such notice shall be deemed delivered when the receipt of such notice is confirmed by Hector Finance to the email address you provided to Hector Finance.
14.3. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without the prior written consent of Hector Finance. Any attempt by you to assign these Terms without written consent is void. These Terms, and any of the rights, duties, and obligations contained herein, are freely assignable by Hector Finance without notice or your consent.
14.4. Hector Finance will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, pandemics or epidemics, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
14.5. If you have any questions, feedback, complaints or claims with respect to the Services, please contact us at: [email protected]. We will do our best to address your concerns.
14.6. These Terms and any action related thereto shall be governed by and shall be construed in accordance with the Laws of the British Virgin Islands. All claims and disputes arising under or relating to this Agreement are to be settled exclusively by the competent courts in the British Virgin Islands. For the avoidance of doubt, and without limiting the generality of the foregoing, this provision expressly applies to any claim, whether in tort, contract or otherwise, against Hector Finance. You irrevocably and unconditionally agree and consent to the jurisdiction and venue of the courts of the British Virgin Islands, and you waive any objections thereto, including under the doctrine of forum non conveniens or other similar doctrines. You and Hector Finance agree that any Party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Any relief awarded to any one user of the Services cannot and may not affect any other users of the Services.
14.7. Any waiver of any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. Any delay or failure in exercising any right shall not constitute a waiver unless such waiver is confirmed in writing.
14.8. If any part of any section of these Terms is held invalid or unenforceable, that part will be construed in a manner to reflect, as nearly as possible, its original meaning while remaining valid and enforceable or if not possible shall be deemed deleted and the remaining part of the section and/or of these Terms will remain in full force and effect.
14.9. These Terms are the final, complete and exclusive agreement between you and Hector Finance with respect to the subject matter hereof and supersedes and merges all prior discussions, agreements or representations between you and Hector Finance with respect to such subject matter.