Please read the terms carefully as they govern your use of HeartNet Services. THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION. The terms of the arbitration provision are set forth in Article 10, Resolving Disputes: Forum, Arbitration, Class Action Waiver, hereunder. As with any asset, the values of HRTNETS Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives. BY MAKING USE OF HEARTNET SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF HEARTNET SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) HEARTNET SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using or attempting to use HeartNet Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access HeartNet or utilize HeartNet services.
2. HeartNet Operators ：refer to all parties that run HeartNet, including but not limited to legal persons (including Differentiation Technologies), unincorporated organizations and teams that provide HeartNet Services and are responsible for such services. For convenience, unless otherwise stated, references to HeartNet and we in these Terms specifically mean HeartNet Operators. UNDER THESE TERMS, HEARTNET OPERATORS MAY CHANGE AS HEARTNETS BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF HEARTNET OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW HEARTNET SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE HEARTNET SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED HEARTNET OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.
3. HeartNet Servicesrefer to various services provided to you by HeartNet that are based on Internet and/or blockchain technologies and offered via HeartNet websites, mobile applications, clients and other forms (including new ones enabled by future technological development). HeartNet Services include but are not limited to such HeartNet ecosystem components as Provenance via Digital twin, Digital reward Token, Digital Asset, Digital Wallet, the financing sector, HeartNet Labs, HeartNet Academy, HeartNet Charity, HeartNet Info, HeartNet Launchpad, HeartNet Research, HeartNet Chain, HeartNet Transfer and Gateway, existing services offered by Heart Wallet and novel services to be provided by HeartNet.
4. HeartNet Platform Rulesrefer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by HeartNet, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.
5. Users refer to all individuals, institutions or organizations that access, download or use HeartNet or HeartNet Services and who meet the criteria and conditions stipulated by HeartNet. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
6. Digital Currenciesrefer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
7. Digital Assetsrefer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
8. HeartNet Accountsrefer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by HeartNet for Users to record on HeartNet their usage of HeartNet Services, transactions, asset changes and basic information. HeartNet Accounts serve as the basis for Users to enjoy and exercise their rights on HeartNet.
9. Crypto-to-crypto Tradingif and when allowed by HeartNet refers to spot transactions in which one digital currency is exchanged for another digital currency.
10. Fiat Tradingif and when allowed refers to spot transactions in which Digital Currencies are exchanged for fiat currencies or vice versa.
11. Collateral Accountsrefer to special accounts opened by Users on HeartNet to deposit and withdraw collateral (such as margins) in accordance with these Terms (including the HeartNet Contract Services Agreement and HeartNet Platform Rules), as required for contract transactions, leveraged trading and/or currency borrowing services.
12. Loan/Lendingrefers to HeartNets lending of Digital Currencies to Users at an interest collected in certain ways (in the form of Digital Currencies), including but not limited to the leveraged trading and currency lending services currently offered, and other forms of loan/lending services to be launched by HeartNet.
II. General Provisions
1. About These Terms
a. Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and HeartNet Operators.
b. Supplementary Terms
c. Changes to These Terms
HeartNet reserves the right to change or modify these Terms in its discretion at any time. HeartNet will notify such changes by updating the terms on its website () and modifying the [Last revised] date displayed on this page.。ANY AND ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF HeartNet SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST STOP USING HeartNet SERVICES IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE YOUR UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF HEARTNET SERVICES.
d. Prohibition of Use
BY ACCESSING AND USING HEARTNET SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. HeartNet RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF HEARTNET SERVICES IN CERTAIN COUNTRIES OR REGIONS.
2. About HeartNet
As an important part of the HeartNet Ecosystem, HeartNet mainly serves as a global online platform that combines Digital twin with Blockchain and Digital Token to provide provenance and prove of authenticity of consumer packaged products to include medications and prescription drugs and other fast moving consumer goods and commodities. As further detailed in Article 3 below, Users must register and open an account with HeartNet, and use the product offerings to validate the physical goods. Users will earn rewards in form of digital Tokens which accompany the digital twin of the physical product on the blockchain. The rewards will be in form of a Non fungible token NFTs or digital currency which will be staked over a period of time before it can be converted discounts, cash backs rebates or transferred to external wallets. The Token can also be used to access other services on the Application.
3. HeartNet Account Registration and Requirements
By registering to use a HeartNet Account, you represent and warrant that (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using HeartNet Services; (iv) you do not currently have a HeartNet Account;
c. User Identity Verification
d. Account Usage Requirements
The HeartNet Account can only be used by the account registrant. HeartNet reserves the right to suspend, freeze or cancel the use of HeartNet Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify HeartNet immediately. HeartNet assumes no liability for any loss or damage arising from the use of HeartNet Account by you or any third party with or without your authorization.
e. Account Security
HeartNet has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for HeartNet Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as userID, username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your HeartNet Account and personal information.
You should be solely responsible for keeping safe of your HeartNet Account and password, and be responsible for all the transactions under your HeartNet Account. HeartNet assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating a HeartNet Account, you hereby agree that:
i. you will notify HeartNet immediately if you are aware of any unauthorized use of your HeartNet Account and password or any other violation of security rules;
ii. you will strictly abide by all mechanisms or procedures of HeartNet regarding security, authentication, trading, charging, and withdrawal; and
iii. you will take appropriate steps to logout from HeartNet at the end of each visit.
III. HeartNet Services
Upon completion of the registration and identity verification for your HeartNet Account, you may use various HeartNet Services, including but not limited to, Provenance and product validation, reward earnings in digital tokens, NFT reward earnings, healthy habits program, sending of earnings to ewallet, Telemedicine, Savings services, staking, acquiring market-related data, research and other information released by HeartNet, participating in User activities held by HeartNet, etc., in accordance with the provisions of these Terms (including HeartNet Platform Rules and other individual agreements). HeartNet has the right to:
•Provide, modify or terminate, in its discretion, any HeartNet Services based on its development plan; and
•Allow or prohibit some Users use of any HeartNet Services in accordance with relevant HeartNet Platform Rules.
1. Service Usage Guidelines
Provided that you constantly comply with the express terms and conditions stated in these Terms, HeartNet grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use HeartNet Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use HeartNet Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding HeartNet Services should be stipulated in the discretion of HeartNet. HeartNet reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using HeartNet Services in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use HeartNet Services. Therefore, you hereby agree that when you use HeartNet Services, HeartNet does not transfer HeartNet Services or the ownership or intellectual property rights of any HeartNet intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through HeartNet Services, are exclusively owned, controlled and/or licensed by HeartNet Operators or its members, parent companies, licensors or affiliates.
HeartNet owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as Feedback) about HeartNet or HeartNet Services that you provide through email, HeartNet Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to HeartNet. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
When you use HeartNet Services, you agree and undertake to comply with the following provisions:
i. During the use of HeartNet Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of HeartNet;
ii. Your use of HeartNet Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using HeartNet Services;
iii. You agree not to use the services for crypto trading and other trading activities such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);
iv. Without written consent from HeartNet, the following commercial uses of HeartNet data are prohibited: 1) Trading services that make use of HeartNet quotes or market bulletin board information. 2) Data feeding or streaming services that make use of any market data of HeartNet. 3) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from HeartNet.
v. Without prior written consent from HeartNet, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
vi. You may not (i) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of HeartNet Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through HeartNet Services; (ii) attempt to access any part or function of the properties without authorization, or connect to HeartNet Services or any HeartNet servers or any other systems or networks of any HeartNet Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of HeartNet Services or any network connected to the properties, or violate any security or authentication measures on HeartNet Services or any network connected to HeartNet Services; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of HeartNet Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of HeartNet Services or HeartNet, or the infrastructure of any systems or networks connected to HeartNet services; (vi) use any devices, software or routine programs to interfere with the normal operation of HeartNet Services or any transactions on HeartNet Services, or any other persons use of HeartNet Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to HeartNet, or (viii) use HeartNet Services in an illegal way.
By accessing HeartNet Services, you agree that HeartNet has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
• Blocking and closing order requests;
• Freezing your account;
• Reporting the incident to the authorities;
• Publishing the alleged violations and actions that have been taken;
• Deleting any information you published that are found to be violations.
1. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HeartNet SERVICES, HeartNet MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF HeartNet ARE OFFERED ON AN AS IS AND AS AVAILABLE BASIS, AND HeartNet EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, HeartNet DOES NOT REPRESENT OR WARRANT THAT THE SITE, HeartNet SERVICES OR HeartNet MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HeartNet DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF HeartNet SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT HeartNet WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY HeartNet AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY HeartNet; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY HeartNet.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
2. Disclaimer of Damages and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HeartNet, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF HeartNet SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF HeartNet SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF HeartNet AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF HeartNet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF HeartNetS GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF HeartNet, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF HeartNet AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF HeartNet SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO HeartNet UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
You agree to indemnify and hold harmless HeartNet Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, HeartNet Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of HeartNet Services. If you are obligated to indemnify HeartNet Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, HeartNet will have the right, in its sole discretion, to control any action or proceeding and to determine whether HeartNet wishes to settle, and if so, on what terms.
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on www.hrtnet.net/en/support/announcement . USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. HeartNet WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE ANNOUNCEMENTS.
VI. Termination of Agreement
1. Suspension of HeartNet Accounts
• The HeartNet Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
• We detect unusual activities in the HeartNet Account;
• We detect unauthorized access to the HeartNet Account;
• We are required to do so by a court order or command by a regulatory/government authority.
2. Cancellation of HeartNet Accounts
In case of any of the following events, HeartNet shall have the right to directly terminate these Terms by cancelling your HeartNet Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your HeartNet Account on HeartNet and withdraw the corresponding HeartNet Account thereof:
• after HeartNet terminates services to you;
• you allegedly register or register in any other persons name as a HeartNet User again, directly or indirectly;
• the information that you have provided is untruthful, inaccurate, outdated or incomplete;
• when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your HeartNet Account or by other means;
• you request that HeartNet Services be terminated; and
• any other circumstances where HeartNet deems it should terminate HeartNet Services.
Should your HeartNet Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, HeartNet shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
If HeartNet is informed that any Digital Assets or funds held in your HeartNet Account are stolen or otherwise are not lawfully possessed by you, HeartNet may, but has no obligation to, place an administrative hold on the affected funds and your HeartNet Account. If HeartNet does lay down an administrative hold on some or all of your funds or HeartNet Account, HeartNet may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to HeartNet has been provided to HeartNet in a form acceptable to HeartNet. HeartNet will not involve itself in any such dispute or the resolution of the dispute. You agree that HeartNet will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.
3. Remaining Funds After HeartNet Account Termination
Except as set forth in paragraph 4 below, once a HeartNet Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to HeartNet) will be payable immediately to HeartNet. Upon payment of all outstanding charges to HeartNet (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.
4. Remaining Funds After HeartNet Account Termination Due to Fraud, Violation of Law, or Violation of These Terms
HeartNet maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of HeartNet Accounts suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
5. Dormant Accounts
Notwithstanding any provision of this Section VI, HeartNet may provide a written notice requiring you to close all of your open positions and withdraw all of your Digital Assets from your HeartNet Account within 30 days of the notice. In the event that you fail to do so, HeartNet may:
(a) deem your HeartNet account as a dormant account;
(b) close any open positions in any HeartNet products;
(c) transfer such dormant account (including any Digital Assets contained therein) to an affiliate of the HeartNet Operators or any third-party custodian where it is deemed reasonably necessary by HeartNet to do so;
(d) where necessary for a transfer set out in paragraph 5(c) above, the conversion of the Digital Assets to a different type of asset supported by the relevant affiliate of the HeartNet Operators or any third-party custodian. For the avoidance of doubt, none of the HeartNet Operators or any third-party custodian shall be liable for any loss of profit resulting from such conversion; and
(e) charge a dormant account fee to cover the cost of maintaining the assets by the HeartNet Operators, its affiliates or any third-party and such fee shall be withdrawn directly from the dormant account on a monthly basis.
VII. No Financial Advice
HeartNet is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using HeartNet Services. No communication or information provided to you by HeartNet is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. HeartNet does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. HeartNet will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by HeartNet.
VIII. Compliance with Local Laws
It is Users responsibility to abide by local laws in relation to the legal usage of HeartNet Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities.ALL USERS OF HeartNet SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT HeartNet WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS. HeartNet maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users accounts and funds which are flagged out or investigated by legal mandate.
X. Resolving Disputes: Forum, Arbitration, Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.
1. Notice of Claim and Dispute Resolution Period. Please contact HeartNet first! HeartNet wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with HeartNet, then you should contact HeartNet and a ticket number will be assigned. HeartNet will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against HeartNet, then you agree to set forth the basis of such claim in writing in a Notice of Claim, as a form of prior notice to HeartNet. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original ticket number, and (4) include your HeartNet account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with HeartNet. After you have provided the Notice of Claim to HeartNet, the dispute referenced in the Notice of Claim may be submitted by either HeartNet or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to HeartNet for resolution internally and the delivery of a Notice of Claim to HeartNet are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or HeartNet shall not be disclosed to the arbitrator.
2. Agreement to Arbitrate and Governing Law. You and HeartNet Operators agree that, subject to paragraph 1 above, any dispute, claim, or controversy between you and HeartNet (and/or HeartNet Operators) arising in connection with or relating in any way to these Terms or to your relationship with HeartNet (and/or HeartNet Operators) as a user of HeartNet Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. You and HeartNet Operators further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favour of anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms. Arbitration Rules. The arbitration shall be subject to the HKIAC Administered Arbitration Rules (HKIAC. Rules) in force when the Notice of Arbitration is submitted, as modified by this Section X. The arbitration will be administered by the Hong Kong International Arbitration Centre (HKIAC). Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the HKIAC Rules. Any arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. Time for Filing: ANY ARBITRATION AGAINST HeartNet OPERATORS MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN PARAGRAPH 1 OF THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Process; Notice: The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in paragraph 1, above, must submit a request to the HKIAC in accordance with the HKIAC Rules. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with HeartNet is up-to-date and accurate. Seat of Arbitration: The seat of the arbitration shall be Hong Kong. Place of Hearing: The location of any in-person arbitration hearing shall be Hong Kong, unless otherwise agreed to by the parties. Governing Law: These Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the laws of Hong Kong. Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the Confidential Information) shall not be disclosed to any non-party except the tribunal, the HKIAC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.
3. Class Action Waiver. You and HeartNet agree that any claims relating to these Terms or to your relationship with HeartNet as a user of HeartNet Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and HeartNet further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including HeartNet.
5. Severability. If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law. pending closure of your account.
1. Independent Parties.HeartNet 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 HeartNet 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.HeartNet 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 HeartNet 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 HeartNet Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, HeartNet will not be responsible for any modification or termination of HeartNet Services by you or any third party, or suspension or termination of your access to HeartNet Services.
4. Force Majeure.HeartNet will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond HeartNets reasonable control.
5. 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.
6. Assignment.You may not assign or transfer any right to use HeartNet Services or any of your rights or obligations under these Terms without prior written consent from HeartNet, including any right or obligation related to the enforcement of laws or the change of control. HeartNet 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.
7. Waiver.The failure of one party to require performance of any provision will not affect that partys right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other partys 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. Matters Related to Apple Inc. If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through HeartNet Services, such activities and programs are provided by HeartNet and are not associated with Apple Inc. in any manner.
10. Contact Information. For more information on HeartNet, you may refer to the company and license information found on HeartNet websites. If you have questions regarding these Terms, please feel free to contact HeartNet for clarification via our Customer Support team at www.hrtnet.net/en/support/requests/new.