General Use Terms

1       HCEWALLET Services

1.1      Eligibility and Limitation of Use

HCEWALLET Sites and Services as defined above are available to you as Users provided you are at least 18 years of age.

HCEWALLET Services can be used where ever our Clients are based.

1.2      HCEWALLET Services

Your OEM ‘HCEWALLET’ ‘Digital Wallet’ mobile application may be support by one or more of your financial Accounts:

  • ‘Ecash’ digital Ecash and loyalty wallets;
  • Cryptocurrency such as ‘Bitcoin’;
  • Digital card accounts (payment tokens) ‘Cards’.

This Digital Wallet may support one or more of the following financial transaction types for your registered financial Accounts:

  • Deposit’ – add value to a specified Ecash Account;
  • Withdraw’ – pay for goods or services at Merchants or send value to another HCEWALLET registered User;
  • ‘Send’ – send payment to a User for example as a Merchant for the supply of goods or services or to a User who is your creditor.
  • ‘Receive’ – receive payment from a User for example as a Merchant for the supply of goods or services or receiving value from a User who is your debtor.
  • ‘Tap-to-Pay’ – User can make payments using their payment tokens at Merchant stores
  • ‘In-App-Pay’ – User can make payments using their payment tokens in Merchant mobile commerce apps
  • ‘Scan-to-Pay’ – User can make payments using their payment tokens by scanning QR codes on Merchant  e-commerce websites

HCEWALLET may provide ‘Buy’ or ‘Sell’ function for Bitcoin digital currency from  your Ecash Accounts (e.g. GBP and EUR).

Our Clients via HCEWALLET  may issue Digital Ecash Assets and hence may need to comply with or be regulated as an E-Money Issuer.

You can create one or more Client OEM HCEWALLET Accounts that allow you to manage your Payment Methods:

  • Ecash – GBP and EUR Fiat Currency Ecash wallets;
  • Bitcoin – Bitcoin cryptocurrency.
  • Cards – Digital credit and debit card accounts based on Visa and Mastercard Token Services.

Digital Currency Conversion Services enable you to buy and sell supported Digital Currencies using your Bank Accounts and Debit Cards converting them to and from supported Fiat Currencies (GBP – Pound Sterling and EUR – Euro).

Your HCEWALLET Mobile App connects with our hosted Mobile Application Platform (HCE SWIM MAP) service for eligible Users to exchange Digital to/from Fiat Currencies. The risk of loss in trading or holding Digital Currency can be substantial. You should therefore carefully consider whether trading or holding Digital Currency is suitable for you depending on your financial condition.

2        Your HCEWALLET Account(s)

2.1      Registration and Identity Verification of your HCEWALLET Account(s)

You must register to use HCEWALLET Services by providing your name, a valid unique e-mail address per HCEWALLET Account, PIN (Personal Identification Number) for your SWIM (Software Wireless Identity Module) Digital ID (Identity), your mobile phone number, date of birth, certain identity documents such as taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing/sort number, and account number). You must also affirm acceptance of this User Agreement and the Privacy Policy. HCEWALLET may, in our sole discretion, refuse to allow you to establish an HCEWALLET Account, or limit the number of HCEWALLET Accounts that a single User may establish and maintain at any time.

You confirm that the personal information provided by you is accurate and authentic, and you agree to update HCEWALLET if any information changes. You also authorize HCEWALLET to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (your name, address, past addresses, date of birth), to query account information associated with your bank and card accounts, and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.

2.2      Verification Procedures and Limits

HCEWALLET uses multi-level systems and procedures to collect and verify your information in order to protect HCEWALLET and our User and Partner community from fraudulent Users, and to keep accurate records of HCEWALLET’s customers. Your account may set limits including daily or weekly conversion limits, withdrawal and transfer limits. Payment transactions linked to registered payment methods will be based on strong two-factor authentication (2FA) proof of identity such as your SWIM User PIN and mobile device. HCEWALLET may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any HCEWALLET Services and/or before permitting you to engage in transactions.

2.3      E-Sign Disclosure and Consent

This E-Sign policy describes how HCEWALLET verifies and records on your E-Signed communication to us and delivers E-Signed communications to you electronically.

You agree to “Electronic Signature and Delivery of Communications” for all electronic bi-directional communications, agreements, documents, notices and disclosures (collectively, “Communications”) that you and we provide in connection with your HCEWALLET Account and your use of HCEWALLET Services.

Communications include:

  • Terms of use and policies you agree to (e.g., the HCEWALLET User Agreement and Privacy Policy), including updates to these agreements or policies;
  • Account details, history, transaction receipts, confirmations, and any other Account or transaction information;
  • Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
  • Responses to claims or customer support inquiries filed in connection with your Account.

All bi-directional E-Signed communication will be via your HCEWALLET Mobile App. Other non-E-Signed Communications to you will be via your primary email address listed in your HCEWALLET profile, instant chat, and/or through other electronic communication such as text message or mobile push notification.

You may withdraw your consent to receive Communications electronically by deleting your HCEWALLET Account(s).

It is your responsibility to provide us with a true, accurate and complete e-mail address, your mobile phone number and your contact information, and to keep such information up to date. You understand and agree that if HCEWALLET sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, HCEWALLET will be deemed to have provided the Communication to you. You may update your information by logging into your HCEWALLET Mobile App account.

3        Your Mobile Global and Digital Ecash

3.1      Your Supported Digital Currencies

The Mobile Digital Ecash services allow you to send supported Digital Currency to, and request, receive, and store supported Digital Currency from, third parties pursuant to instructions you provide through the HCEWALLET Mobile App (each such transaction is a “Digital Currency Transaction”).

HCEWALLET reserves the right to refuse to process or to cancel any pending Digital Currency Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits.

HCEWALLET cannot reverse a Digital Currency Transaction which has been broadcast to a Digital Currency network. The Mobile Digital Ecash Services are available only in connection with those Digital Currencies that HCEWALLET, in its sole discretion, decides to support which may change from time to time.

HCEWALLET assumes no responsibility or liability in connection with any attempt to use HCEWALLET Services for digital currencies that HCEWALLET does not support.

You must not attempt to use your Mobile Digital Ecash Services to store, send, request, or receive digital currencies in any form that are not supported by HCEWALLET.

3.2      Digital Currency Transactions

HCEWALLET processes supported Digital Currency according to the instructions received from its Users and we do not guarantee the identity of any User, receiver, requestor or other party. You should verify all transaction information prior to submitting instructions to HCEWALLET.

In the event you initiate a Digital Currency Transaction by entering the recipient’s email address, user SWIM Identity (SWIM ID) or Name, and the recipient’s HCEWALLET Account cannot be located, HCEWALLET Mobile App will cancel the Transaction.

Once submitted to a Digital Currency Network, a Digital Currency Transaction will be unconfirmed for a period of time pending confirmation of the transaction by the Digital Currency Network (for example the Bitcoin Blockchain). A Digital Currency Transaction is not complete while it is in a pending state. Funds associated with Transactions that are in a pending state will be designated accordingly, and may be included in your HCEWALLET Account balance but will NOT be available to conduct Transactions until the Transactions are Confirmed by the Digital Currency Network.

HCEWALLET may charge Network Fees to process a Digital Currency Transaction on your behalf. HCEWALLET will calculate the Network Fee in its discretion, although HCEWALLET will always notify you of the Network Fees via its HCEWALLET Sites.

3.3      Digital Currency Storage & Transmission Delays

HCEWALLET Mobile App and cloud HCE SWIM MAP host securely store all Digital Currency Private Keys.

The HCEWALLET stores the Private Keys in order to reissue to new HCEWALLET Mobile Apps when for example you change your smartphone. We will need to retrieve your encrypted Private Keys in order to facilitate the reinitialisation of your Private Key securely into your new mobile smartphone. A transfer of HCEWALLET Mobile App to a new smartphone requires you to possess both the existing phone and the new smartphone.

If, however, you have lost your existing phone, an initialization of a new smartphone may delay the initialization for 48 hours or more. You acknowledge and agree that a Digital Currency Transaction facilitated by HCEWALLET may be delayed.

3.4      Third Party Payments

HCEWALLET has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other Users of HCEWALLET Services). HCEWALLET is not responsible for ensuring that a buyer or a seller you may transact with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with Digital Currency transferred using the HCEWALLET Services, or if you have a dispute with such third party, you must resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify HCEWALLET Support at support@hcewallet.com so that we may consider what action to take, if any.

3.5      HCEWALLET Private Keys Vault

By default you are using the HCEWALLET Vault in our HCESWIM MAP host to store your Private Keys for back-up purpose only.

HCEWALLET cannot restore encrypted Private Keys or otherwise recover Private Keys, which are not within HCEWALLET’s control. As you use the Vault, you acknowledge that HCEWALLET is responsible for transferring, safeguarding, and maintaining your Private Keys and/or Digital Currency associated with the Vault.

If you lose, mishandle, or have stolen associated Digital Currency Private Keys, you acknowledge that you may not be able to recover associated Digital Currency, and that HCEWALLET is not responsible for such loss.

3.6      Operation of Global or Proprietary Digital Currency Protocols

Global Digital Currency protocols such as Bitcoin Blockchain transaction processing protocols are not owned by or controlled by HCEWALLET. Our HCE SWIM MAP host connects to these open source protocols as openly published and anyone can use, copy, modify, and distribute them. By using the HCEWALLET Mobile App, you acknowledge and agree:

  • That HCEWALLET can not guarantee functionality, security, or availability of these Digital Currency Protocols;
  • That HCEWALLET does not support advanced protocols functionality;
  • These protocols can change in operating rules (such as “forks”), and that such forks may:
    • Materially affect the value, function, branding of the Digital Currency;
    • Temporarily or permanently suspend HCEWALLET operations for the Digital Currency (without advance notice);
    • Lead to Unsupported branch of a forked protocol.

3.7      Receive Payments with HCEWALLET Mobile App

You may establish a “Receive” payment message for the following payment methods:

  • Ecash – Digital cash;
  • Bitcoin – Bitcoin Digital E-Cash Coins to buy, sell and transfer your Digital Currencies.

which will allow others to easily send Digital Currency to your HCEWALLET Account. You may establish and customize your Collect through your HCEWALLET Account. You may establish a User handle and associated Collect, upload a photo, and provide a short description. In establishing your Collect message and uploading or adding any text, photo, or other material, you agree that you will not (i) post misleading materials or misappropriate the identity of another person or entity, (ii) post any copyrighted material which you are not authorized to post, or (iii) post any profane, discriminatory, unlawful, or offensive materials.

HCEWALLET, in its sole discretion, may disable your Collect message and take other action in accordance with this Agreement if we believe you are in violation of the foregoing or abusing this Payment Collect Message Service. HCEWALLET may reclaim User handles associated with dormant HCEWALLET Accounts. HCEWALLET does not guarantee or endorse the purported identity, message, or other information posted by a User to the User’s Collect message.

3.8      Buy your Digital Currency

Eligible Users in certain jurisdictions may buy or sell supported Digital Currency through the Conversion Services. The Conversion Services are subject to the HCEWALLET “Conversion Rate” for the given transaction. “Conversion Rate” means the price of a given supported Digital Currency amount in terms of Fiat Currency or other Digital Currency as quoted on the HCEWALLET Mobile App. The Conversion Rate is stated either as a “Buy Price” or as a “Sell Price,” which is the price in terms of Fiat Currency or Digital Currency at which you may buy or sell supported Digital Currency to HCEWALLET. You acknowledge that the Buy Price Conversion Rate may not be the same as the Sell Price Conversion Rate at any given time, and that HCEWALLET may add a margin or “spread” to the quoted Conversion Rate. You agree, as a condition of using any HCEWALLET Conversion Services, to accept the Conversion Rate as the sole conversion metric. HCEWALLET reserves the right to delay any Conversion Service transaction if it perceives a risk of fraud or illegal activity. HCEWALLET does not guarantee the availability of its Conversion Service, and the act of purchasing supported Digital Currency from HCEWALLET does not result in a guarantee that you may sell your supported Digital Currency to HCEWALLET.

3.9      Purchase Transactions

After successfully completing the Verification Procedures, you may purchase supported Digital Currency by linking a valid payment method. You authorize HCEWALLET to initiate debits from your selected payment method(s) in settlement of purchase transactions. A Conversion Fee (defined below) applies to all purchase transactions. Although HCEWALLET will attempt to deliver supported Digital Currency to you as promptly as possible, funds may be debited from your selected payment method before Digital Currency is delivered to your HCEWALLET Account. We will make best efforts to fulfill all transactions, but in the rare circumstance where HCEWALLET cannot fulfill your purchase order, we will notify you and seek your approval to fulfill the purchase order at the contemporaneous Buy Price Conversion Rate. To secure the performance of your obligations under this Agreement, you grant to HCEWALLET a lien on and security interest in and to the balances in your account.

3.10   Sale Transactions

After successfully completing the Verification Procedures, you may sell supported Digital Currency by linking a valid payment method. Provided you agree with the HCEWALLET Buy Price, you must debit your HCEWALLET Account specifying HCEWALLET as the recipient of the Digital Currency and once this is complete and confirmed by the Digital Currency Network HCEWALLET will initiate payments to your selected payment method in settlement of sell transactions. An applicable Conversion Fee (defined below) applies to all sale transactions. Your receipt of funds will depend on the payment type, and may take up to three or more business days.

3.11   Conversion Fees

Each Conversion Service transaction is subject to a fee (a “Conversion Fee”). The applicable Conversion Fee is displayed to you on the HCEWALLET Mobile App prior to you completing a Conversion Service transaction. HCEWALLET will not process a conversion transaction if the Conversion Fee and any other associated fees, such as wire transfer fees, would exceed the value of your transaction. Payments using other methods not described below, such as wire (if permitted), are subject to different transaction fees disclosed to you before you authorize the transaction. The availability of each Payment Method depends on a number of factors, including but not limited to your location, the identification information you have provided to us, and limitations imposed by third party payment processors. You can view the current fee applicable to your location and payment method on your HCEWALLET Mobile App and we reserve the right to adjust Conversion Fees and any applicable waivers at any time. We will always notify you of the Conversion Fee which apply to your transaction, both at the time of the transaction and in each receipt we issue to you.

3.12   Reversals

Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorize HCEWALLET, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including HCEWALLET balances or other linked accounts, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider. HCEWALLET reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of Digital Currency in its sole discretion, even after funds have been debited from your account(s), if HCEWALLET suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if HCEWALLET reasonably suspects that the transaction is erroneous; or if HCEWALLET suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, HCEWALLET will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the cancelled transaction.

3.13   Payment Services Partners

HCEWALLET may use a third party payment processor to process any Fiat Currency payment between you and HCEWALLET, including but not limited to payments in relation to your use of the Conversion Service or deposits or withdrawals from your E-Cash Coin Account.

4        Ecash

4.1      Ecash Wallets

Certain approved Users may establish and fund one or more currency (currently GBP/EUR) wallets to facilitate transactions on the HCEWALLET cloud host platform. You are the owner of the balance of each of your Ecash Wallets. HCEWALLET holds the balance of your Ecash in dedicated custodial accounts with financial institutions. All funds held in a Ecash are held on trust by HCEWALLET for the benefit of the user, or by a licensed Electronic Money Institution on behalf of the User.

4.2      Deposits and Withdrawals

You may initiate a transfer from your linked bank account to fund Ecash. Fees may apply to deposits and withdrawals from your Ecash. All fees will be clearly disclosed in your HCEWALLET account.

For deposits, HCEWALLET will credit your Ecash account a corresponding amount of Fiat Currency after funds are delivered to HCEWALLET, typically within two to three business days after you authorize a deposit. For withdrawals, HCEWALLET will immediately debit your Ecash account when you authorize a withdrawal and funds will typically settle to you within two to three business days. Bank fees are netted out of transfers to or from HCEWALLET. We will not process a transfer if associated bank fees exceed the value of the transfer.

5        General Use, Prohibited Use, and Termination

5.1      Limited License

We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the HCEWALLET Mobile App and Site, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by HCEWALLET from time to time. Any other use of the HCEWALLET Mobile App or Content is expressly prohibited and all other right, title, and interest in the HCEWALLET Mobile App or Content is exclusively the property of HCEWALLET and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. “HCEWALLET Mobile App”, “HCEWALLET Site” and all logos related to the HCEWALLET Services or displayed on the HCEWALLET Site are either trademarks or registered marks of HCEWALLET or its licensors. You may not copy, imitate or use them without HCEWALLET’s prior written consent.

5.2      Mobile App and Website Accuracy

Although we intend to provide accurate and timely information on the HCEWALLET Site, the HCEWALLET Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the HCEWALLET Mobile App or Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the HCEWALLET Mobile App or Site,

5.3      Third-Party Applications

If, to the extent permitted by HCEWALLET from time to time, you grant express permission to a third party to access or connect to your HCEWALLET Account, either through the third party’s product or service or through the HCEWALLET Mobile App or Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your HCEWALLET Account. Further, you acknowledge and agree that you will not hold HCEWALLET responsible for, and will indemnify HCEWALLET from, any liability arising out of or related to any act or omission of any third party with access to your HCEWALLET Account. You may change or remove permissions granted by you to third parties with respect to your HCEWALLET Account at any time through the Account Settings (Integrations) page on the HCEWALLET Mobile App or Site.

5.4      Prohibited Use

In connection with your use of the HCEWALLET Services, and your interactions with other Users, and third parties you agree and represent you will not engage in any Prohibited Business or Prohibited Use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your HCEWALLET Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use and/or a Prohibited Business.

5.5      Export Controls & Sanctions

Your use of the HCEWALLET Services and the HCEWALLET Mobile App and Site is subject to international export controls and economic sanctions requirements. By sending, receiving, buying, selling, trading or storing Digital Currency through the HCEWALLET Mobile App or Site or HCEWALLET Services, you represent and warrant that you will comport with those requirements. Without limiting the foregoing, you may not acquire Digital Currency or use any of the HCEWALLET Services through the HCEWALLET Site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury’s financial sanctions regime, or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List HM Treasury’s financial sanctions regime; or (2) you intend to supply any acquired or stored Digital Currency or HCEWALLET Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury’s financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial sanctions regime.

5.6      Transactions Limits

The use of all HCEWALLET Services is subject to a limit on the amount of volume, stated in Fiat Currency terms, you may transact or transfer in a given period (e.g., daily). Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. HCEWALLET reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request to our Customer Services (support@hcewallet.com). We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with HCEWALLET staff (such process, “Enhanced Due Diligence”).

HCEWALLET reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.

5.7      Suspension, Termination, and Cancellation

HCEWALLET may: (a) suspend, restrict, or terminate your access to any or all of the HCEWALLET Services, and/or (b) deactivate or cancel your HCEWALLET Account if: We are so required by a facially valid subpoena, court order, or binding order of a government authority; or We reasonably suspect you of using your HCEWALLET Account in connection with a Prohibited Use or Business; or Use of your HCEWALLET Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory noncompliance associated with your Account activity; or Our service partners are unable to support your use; or You take any action that HCEWALLET deems as circumventing HCEWALLET’s controls, including, but not limited to, opening multiple HCEWALLET Accounts or abusing promotions which HCEWALLET may offer from time to time. You breach our Behavior Policy If HCEWALLET suspends or closes your account, or terminates your use of HCEWALLET Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits HCEWALLET from providing you with such notice. You acknowledge that HCEWALLET’s decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to HCEWALLET’s risk management and security protocols. You agree that HCEWALLET is under no obligation to disclose the details of its risk management and security procedures to you.

You will be permitted to transfer Digital Currency or funds associated with your Hosted Digital Ecash account(s) and/or your Ecash account(s) for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. If HCEWALLET suspends or closes your account, or terminates your use of HCEWALLET Services for any reason HCEWALLET reserves the right to require you to complete the Verification Procedures before permitting you with transfer or withdraw Digital Currency or Fiat Currency.

You may cancel your HCEWALLET Account at any time by withdrawing all balances and cancelling via your HCEWALLET Mobile App. You will not be charged for cancelling your HCEWALLET Account, although you will be required to pay any outstanding amounts owed to HCEWALLET. You authorize us to cancel or suspend any pending transactions at the time of cancellation.

5.8      Relationship of the Parties

HCEWALLET is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and HCEWALLET to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or HCEWALLET to be treated as the agent of the other.

5.9      Privacy of Others; Marketing

If you receive information about another User through the HCEWALLET Services, you must keep the information confidential and only use it in connection with the HCEWALLET Services. You may not disclose or distribute a User’s information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the User’s express consent to do so. You may not send unsolicited email to a User through the HCEWALLET Services.

5.10   Password Security; Contact Information.

You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the HCEWALLET Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your HCEWALLET Account by third-parties and the loss or theft of any Digital Currency and/or funds held in your HCEWALLET Account and any associated accounts, including your linked bank account(s) and credit/debit card(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of HCEWALLET and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your HCEWALLET Account information has been compromised, contact HCEWALLET Support immediately at support@hcewallet.com.

5.11   Taxes

It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the HCEWALLET Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your HCEWALLET Account.

5.12   Unclaimed Property

If HCEWALLET is holding funds in your account, and HCEWALLET is unable to contact you and has no record of your use of the Services for several years, applicable law may require HCEWALLET to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, HCEWALLET will try to locate you at the address shown in our records, but if HCEWALLET is unable to locate you, it may be required to deliver any such funds to the applicable or jurisdiction as unclaimed property. HCEWALLET reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

6        Customer Feedback, Queries, Complaints and Dispute Resolution

6.1      Contact HCEWALLET

If you have any feedback, questions, or complaints, contact us via our Customer Support email support@hcewallet.com. When you contact us please provide us with your name, address, and any other information we may need to identify you, your HCEWALLET Account, and the transaction on which you have feedback, questions, or complaints.

6.2      Complaints

In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge your complaint within 48 hours of its receipt if you contact us via our Customer Support email (support@hcewallet.com). A Customer Complaints officer (“Officer”) will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided and any information provided by HCEWALLET. Within four weeks of our receipt of your complaint the Officer will address your complaint by sending you an e-mail (“Resolution Notice”) in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. Upon receipt of the Resolution Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Resolution Notice. Failure to respond to a Resolution Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint. If you are late in responding to the Resolution Notice, HCEWALLET may treat your response as if it has been submitted on time.

6.3      Appeals

In the event that you reject an offer or determination (“Rejection”), please set out the reasons for the Rejection and include any additional information that you believe is pertinent to your complaint. Any Rejection will be treated as an application to appeal the offer or determination set out in the Resolution Notice. Our Customer Appeals committee (“Appeals Committee”) will impartially consider your complaint (including any additional information provided). We will acknowledge your Rejection within 48 hours of its receipt if you contact us in the prescribed electronic way, and within ten business days if you contact us in any other prescribed way. Within four weeks of our receipt of the Rejection the Appeals Committee will address your complaint by sending you an e-mail (“Final Notice”) in which the Appeals Committee will: (i) uphold the Resolution Notice; or (ii) reject the Resolution Notice. Notwithstanding its decision regarding the Resolution Notice, the Appeals Committee may also make a new offer to resolve the complaint. Upon receipt of the Final Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Final Notice. HCEWALLET may extend the deadline for you to accept the offer. Failure to respond to a Final Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint. For consumers only: if you fail to respond to a Final Notice and file a claim in a competent court, your failure may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.

6.4      Offers

Any offer made under this Section 7 will only become binding on HCEWALLET if you accept the offer by following the instructions provided by HCEWALLET within the stated timeframe. Any offer under this Section 7 will not constitute any admission by HCEWALLET of any wrongdoing or liability regarding the subject matter of the complaint. Any acceptance of an offer by you will constitute an acceptance that the complaint is resolved and an undertaking that you will not file a claim in any competent court against HCEWALLET regarding the subject matter of the complaint.

6.5      Claims

This provision only applies to consumers. You agree to use the complaints procedure of this Section 7 before filing any claim in a competent court. Failure to comply with this provision may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.

7        General Provisions

7.1      Computer Viruses

We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from HCEWALLET. Always log into your HCEWALLET Account through the HCEWALLET Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

7.2      Release of HCEWALLET; Indemnification

If you have a dispute with one or more Users of the HCEWALLET services, you release HCEWALLET, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold HCEWALLET, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.

7.3      Limitation of Liability

IN NO EVENT SHALL HCE WALLET, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY ON DEPOSIT IN YOUR HCE WALLET ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE HCE WALLET SITE OR THE HCE WALLET SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HCE WALLET HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT HCE WALLET FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITES, OR OTHER TYPES OF SPECIAL, INCIDENTIAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE HCE WALLET SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HCE WALLET SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. HCE WALLET DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE HCE WALLET SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

HCEWALLET makes no representations about the accuracy or completeness of historical Digital Currency price data available on the Site. HCEWALLET will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but HCEWALLET makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.

7.4      Entire Agreement

This Agreement, the Privacy Policy, E-Sign Consent, and Appendices incorporated by reference herein comprise the entire understanding and agreement between you and HCEWALLET as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and HCEWALLET. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.

7.5      Amendments

We may amend or modify this Agreement by posting on the HCEWALLET Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the HCEWALLET Services, or suspension or termination of your access to the HCEWALLET Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website and/or email before the material change becomes effective.

7.6      Assignment

You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any HCEWALLET affiliates or subsidiaries, or to any successor in interest of any business associated with the HCEWALLET Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

7.7      Severability

If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

7.8      Change of Control

In the event that HCEWALLET is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

7.9      Survival

All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, HCEWALLET Account cancellation, debts owed to HCEWALLET, general use of the HCEWALLET Site, disputes with HCEWALLET, and general provisions, shall survive the termination or expiration of this Agreement.

7.10   Governing Law

If you are a EU resident, this Agreement will be governed by English Law and the non-exclusive jurisdiction of the English courts.

If you are a India resident, this Agreement will be governed by Indian Law and the non-exclusive jurisdiction of the Indian courts.

7.11   Force Majeure

We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

7.12   English Language Controls

Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

8        Prohibited Use and Businesses and Conditional Use

8.1      Prohibited Use

You may not use your HCEWALLET Account to engage in the following categories of activity (“Prohibited Uses”). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of HCEWALLET Services involves a Prohibited Use, or have questions about how these requirements apply to you, please submit a request at support@hcewallet.com (support@hcewallet.com). By opening a HCEWALLET Account, you confirm that you will not use your Account to do any of the following:

Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where HCEWALLET conducts business, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the HCEWALLET Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the HCEWALLET Site, other HCEWALLET Accounts, computer systems or networks connected to the HCEWALLET Site, through password mining or any other means; use HCEWALLET Account information of another party to access or use the HCEWALLET Site, except in the case of specific Merchants and/or applications which are specifically authorized by a User to access such User’s

HCEWALLET Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of HCEWALLET

Abuse Other Users: Interfere with another individual’s or entity’s access to or use of any HCEWALLET Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the HCEWALLET Site about others, including without limitation email addresses, without proper consent Fraud: Activity which operates to defraud HCEWALLET, HCEWALLET Users, or any other person; provide any false, inaccurate, or misleading information to

HCEWALLET Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance

Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of HCEWALLET intellectual property, name, or logo, including use of HCEWALLET trade or service marks, without express consent from HCEWALLET or in a manner that otherwise harms HCEWALLET or the HCEWALLET brand; any action that implies an untrue endorsement by or affiliation with HCEWALLET Prohibited Businesses

8.2      Prohibited Businesses

In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from HCEWALLET Services (“Prohibited Businesses”). Most Prohibited Businesses categories are imposed by Card Network rules or the requirements of our banking providers or processors. The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of HCEWALLET Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at support@hcewallet.com. By opening a HCEWALLET Account, you confirm that you will not use HCEWALLET Services in connection with any of following businesses, activities, practices, or items: Investment and Credit Services: Securities brokers; mortgage consulting or debt reduction services; credit counselling or repair; real estate opportunities; investment schemes Restricted Financial Services: Check cashing, bail bonds; collections agencies. Intellectual Property or Proprietary Rights Infringement: Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorisation from the rights holder Counterfeit or Unauthorised Goods: Unauthorised sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen Regulated Products and Services: Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials Drugs and Drug Paraphernalia: Sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs Pseudo-Pharmaceuticals: Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body Substances designed to mimic illegal drugs: Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom) Adult Content and Services: Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features Multi-level Marketing: Pyramid schemes, network marketing, and referral marketing programs Unfair, predatory or deceptive practices: Investment opportunities or other services that promise high rewards; Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorisation or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers High risk businesses: any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies

8.3      Conditional Use

Express written consent and approval from HCEWALLET must be obtained prior to using HCEWALLET Services for the following categories of business and/or use (“Conditional Uses”). Consent may be requested by contacting us at support@hcewallet.com (support@hcewallet.com). HCEWALLET may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use HCEWALLET Services in connection with any of following businesses, activities, or practices: Money Services: Money transmitters, Digital Currency transmitters; currency or Digital Currency exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the

HCEWALLET Services Charities: Acceptance of donations for nonprofit enterprise

Games of Skill: Games which are not defined as gambling under this Agreement or by law, but which require an entry fee and award a prize Religious/Spiritual Organisations: Operation of a for-profit religious or spiritual organisation.