Ensuring the security of our users’ data is our most important responsibility and we believe in transparency and openness. Here we set out in full the steps that we take to maintain your privacy and keep your data safe and secure at all times.
1.1. You confirm that you have the legal capacity in your country to enter a binding agreement. In case if you are a minor you should be emancipated or granted consent from your legal representatives (parents or guardians).
1.2. The Services are not intended for children under 13 and if you are under 13, please stop using the Services.
2.1. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Humaniq mobile application will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, please report it to us.
2.2. We do not warrant that your use of the Services or the Humaniq mobile application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Humaniq mobile application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Humaniq mobile application, access to the Services and the Humaniq mobile application may be suspended, restricted or terminated at any time.
2.3. We do not give any warranty that the Services and the Humaniq mobile application are free from viruses or anything else which may have a harmful effect on any technology.
2.4. We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Humaniq mobile application from time to time. So the Services are provided on an "as is" principle, i.e. the type and extent of their provision by Humaniq when you access the Services.
Your access to the Humaniq mobile application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can.
2.5. By registering your account in Humaniq mobile application you provide accurate information about yourself which is needed to ensure proper functioning of the application and security and completeness of transactions with HMQ tokens. This is not considered as opening of bank account opening or other kinds of financial accounts.
2.6. One user may use only one device with functioning Humaniq mobile application and Humaniq may trace this using the EMEI number of the users device. Furthermore Humaniq mobile application will not be available with more than one mobile telephone SIM card.
2.7. The provision of the Services and the Humaniq mobile application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Humaniq mobile application. To use the Humaniq mobile application you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply when using the Humaniq mobile application.
2.8. When using the feature of exchanging the token HMQ you are acting on your own behalf and risk to transact with other Humaniq mobile application users directly. Humaniq provides only information support and will not be the organizer, party, agent or other representative to the users within those transactions between the users. It is your responsibility to ensure that the conditions of such transactions available through the Humaniq mobile application meet your specific requirements before making any transaction.
3.1. You will monitor the security of your account access details and not disclose them to third parties. Any action taken from your user account in Humaniq mobile application shall be deemed to be an act of your own, authorized by you and establishing the duties and liability for you in respect of such actions.
3.2. You are required to immediately change the account access detail if you have reasons to suspect that these data were disclosed to or may be used by unauthorized third parties or at Humaniq's request.
3.3. Humaniq has the right to use available technical solutions to verify the correctness of the information provided by you.
3.4. Humaniq has the right to block the user account in case of breach of the Terms or in case of reasonable ground to consider that the user account is used for fraud.
4.1. All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Humaniq mobile application and the Humaniq website are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
4.2. By using the Services, you do not acquire any ownership rights in materials contained therein. Misuse of any trademarks or any other content displayed on the Humaniq mobile application or the Humaniq website is prohibited.
You agree to indemnify and hold harmless Humaniq from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of the Terms.
If you have a dispute with one or more users, you release Humaniq from all claims, demands, liabilities, costs, or expenses and damages. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
7.1. We make no representation that the Service is permitted by law in any particular location. To the extent you choose to access the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
7.2. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
8.1. We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Humaniq mobile application and the Terms. For the purposes of the Terms, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
8.2. We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the mobile application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
8.3. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
8.4. Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We do not warrant that data transfers via the Humaniq mobile application will not be intercepted or read by third parties.
9.1. If you or anyone other than you, with your permission use(s) the Humaniq mobile application, any Services in contravention of the Terms, we may suspend your use of the Services and/or Humaniq mobile application.
9.2. If we suspend the Services or Humaniq mobile application, we may refuse to restore the Services or Humaniq mobile application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of the Terms.
9.3. Without limitation to anything else in this Clause 9, we shall be entitled immediately or at any time (in whole or in part) to suspend the Services and/or Humaniq mobile application if we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any other person.
9.4. Our rights under this Clause 9 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
10.1. The Services may be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Services both you and we agree that the laws of England and Wales, without regard to the conflicts of laws principles thereof, will govern the Terms and apply to all matters relating to the use of the Services.
10.2. You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute arising out of and/or in connection with the Terms and use of Services.
10.3. If you ever wish to seek any relief from us, you waive the ability to pursue class action.
11.1. We reserve the right to amend the Terms from time to time without notice. The revised Terms will be posted on the Humaniq website and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
11.2. If you do not agree to updated Terms, you should stop using our Services and/or close your account. Your continued use of any of our Services will be deemed as your acceptance of any revisions.