General Terms and Conditions
These Terms have been developed by Halo Harbor s.r.o. ("Service Provider") to ensure an efficient and high-quality order execution process, achieve better results, and provide predictability and certainty in the relationship between the Service Provider and the Customer. They aim to minimise negative consequences that may arise during the order execution process. The Terms govern the legal relationship between the Customer and the Service Provider, established by entering into any Service and/or Services Agreement. They also regulate any legal relationships between the Service Provider and the Customer not covered by the Service Agreement. In case of any inconsistency between the Terms and a specific Service Agreement, the norms of the Service Agreement shall prevail. By requesting the Service and/or establishing a business relationship with the Service Provider, the Customer confirms that they have read and agreed to the Terms, acknowledged their binding nature, and committed to comply with them. The Service Provider reserves the right to refuse to execute a specific Order or provide the Service to the Customer at any time.
1. Overview and Acceptance
By accessing or using the Halo Harbor s.r.o. platform, you ("User", "you") agree to these User Terms ("Terms"). Please review these Terms thoroughly, as they establish the complete understanding between you and Halo Harbor s.r.o., a Czech company ("the Company", "we", "us").
2. Terms and Definitions
Engaging in any transactions or using the Company’s platform indicates your acceptance of the provided functionalities, services, and software interfaces (APIs). Detailed descriptions of these services are in Section 5. By engaging with these services, you agree to comply with these Terms. If you do not consent, please refrain from using our services. The Company retains the right to update these Terms and associated policies as needed.
3. User Eligibility
Our services are exclusively for individuals aged 18 and above who agree to these Terms. You must have full legal capacity, not reside in restricted regions, and provide accurate, current, and truthful information during registration. You agree not to engage in illegal activities or manipulate the services through unauthorised methods.
4. Prohibited Uses
The following activities are prohibited: unlicensed financial services, activities involving illegal substances, unauthorised trading behaviours, gambling businesses, adult entertainment and content activities (including pornography, sexual services, and sexually oriented establishments like massage parlors, strip clubs, and gentleman's clubs), the arms industry and commerce, bars and night clubs, alcohol and tobacco businesses, suppliers, buyers, and trading partners in WMD technology/dual-use goods/nuclear/defense industries, cannabis-related industries, crypto mixers, darknet-related activities, binary options, drug-related paraphernalia and pharmaceuticals businesses, Ponzi schemes, chemicals businesses, counterfeit or unauthorised goods, shell banks, payment institutions, money transmission services and electronic money institutions, pyramid schemes, get-rich-quick schemes, referral marketing, unregistered businesses and service providers requiring licensing, trade in wildlife or wildlife products, commercial logging operations, production or trade in wood or other forestry products, trading of animal fur, bones, ivory, and other protected species, and human body parts and pathogens are prohibited and deemed unacceptable by the Company. Violation of these prohibitions may result in account suspension or termination.
5. Service Description
Halo Harbor s.r.o. provides digital asset exchange services, including Tether (USDT), Bitcoin (BTC), Ethereum (ETH), Binance Coin (BNB), USD Coin (USDC), First Digital USD (FDUSD), and others. The customer journey involves registration, verification, trading execution, and transaction settlement. The commission fee for a virtual currency exchange transaction is determined based on the crypto blockchain network load and is communicated to the customer before each transaction. Exchange rates may fluctuate during transactions due to market conditions.
6. Pricing and Order Execution
Prices quoted for digital asset exchanges to fiat and vice versa are subject to change due to market volatility. The final transaction price may differ from the initially quoted price. Orders will only be executed once payment is verified. Any discrepancies in payment amounts will be handled at the Company's discretion, which may include updating, canceling, or rejecting the order. Pricing information and communication are provided directly to customers via designated communication channels.
7. Third-Party Content and Interactions
The platform may feature content from third parties. The Company does not endorse or take responsibility for third-party content or interactions. Users should exercise caution and judgment when engaging with third-party materials.
8. Payment Processing and Chargebacks
The Company may use third-party payment processors. Users consent to the sharing of necessary personal information for transaction processing and fraud prevention. In cases of suspected fraud, the Company reserves the right to take appropriate actions, including account suspension. In the event of fraud investigations and subsequent chargebacks, the customer is liable for any associated fees according to the payment processor's chargeback fee schedule.
9. Intellectual Property
All intellectual property rights related to the Company’s platform and services remain the property of the Company. Users are granted a limited right to use these materials for personal, non-commercial purposes. Unauthorized use or infringement will result in liability.
10. Service Availability
The Company does not guarantee uninterrupted availability of its services. Technical issues, maintenance, or other factors may cause delays or service disruptions. Users agree to hold the Company harmless for such interruptions.
11. Legal Compliance
Users must comply with all applicable laws and regulations. The Company reserves the right to refuse service to users who fail to meet legal requirements or engage in prohibited activities.
12. Account Termination
The Company reserves the right to suspend or terminate user accounts at its discretion. Users may also request account termination. Any outstanding obligations must be settled upon termination.
13. Limitation of Liability
The Company provides services on an "as is" basis without warranties. The Company is not liable for direct or indirect damages resulting from the use of its platform and services, except as required by law.
14. No Financial Advice
The Company does not offer investment or financial advice. Information provided through the platform is for informational purposes only and should not be construed as advice.
15. Anti-Money Laundering (AML) Policy
The Company is committed to preventing money laundering and terrorist financing. Users must undergo identity verification and comply with AML policies and KYC procedures.
16. Risks
Trading digital assets involves significant risk. Users should be aware of the potential for financial loss and seek independent advice if necessary. The Company is not responsible for losses incurred due to market volatility or technological failures.
17. Notices and Communication
Notices and communications will be conducted primarily through email. Users must ensure their contact information is up-to-date. Changes to contact details must be communicated promptly.
18. Dispute Resolution
Disputes will first be addressed through direct communication between the parties. If unresolved, disputes will be referred to senior management. Legal proceedings, if necessary, will be conducted under Czech law.
19. Entire Agreement
These Terms constitute the entire agreement between the User and the Company. They supersede any prior agreements or understandings related to the use of the Company’s services.
20. Relationship of Parties
The User and the Company are independent entities. These Terms do not create any partnership, joint venture, or agency relationship.
21. Assignment
Users may not transfer their rights or obligations under these Terms. The Company may assign its rights and obligations without restriction.
22. Severability
If any provision of these Terms is deemed invalid, the remaining provisions will continue in effect.
23. Change of Control
In the event of a change of control, the Company may transfer user information to the new entity, ensuring continued protection of personal data.
24. Data Transfer
The Company may share user data within its corporate group as necessary for transaction processing and fraud prevention. Users consent to such transfers.
25. Survival
Provisions relating to suspension, termination, liability, and dispute resolution will survive the termination of these Terms.
26. Remedies
The Company’s rights and remedies under these Terms are cumulative and not exclusive of other legal remedies.
27. Translations
Any translations of these Terms are provided for convenience. The English version will prevail in case of discrepancies.
28. Force Majeure
The Company is not liable for delays or failures due to circumstances beyond its control, including natural disasters, civil disturbances, act of God or technical failures.
29. Equitable Relief
The Company may seek equitable relief for breaches of these Terms that cause irreparable harm.
30. Third-Party Rights
Except as stated, these Terms do not confer any rights on third parties.
31. Governing Law
Disputes will be governed by Czech law, and the parties agree to the exclusive jurisdiction of Czech courts.
The Operator is not bound by any codes of conduct regarding the Client as outlined in Section 1826 (1) e) of the Civil Code. Any consumer complaints are addressed by the Operator through an electronic address, with information about the resolution of the complaint sent to the Client's electronic address. The Czech Commercial Inspection, with a registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, handles the out-of-court settlement of consumer disputes. Additionally, the European Consumer Center Czech Republic, with a registered office at Štěpánská 567/15, 120 00 Praha 2, serves as a contact point for the resolution of consumer disputes online, in accordance with Regulation (EU) No 524/2013. The Operator is authorised to buy and sell virtual currencies with a trade license, which is overseen by the relevant trade licensing office and financial analytical unit (FAU). The Office for Personal Data Protection supervises personal data protection, while the Czech Trade Inspection monitors adherence to the Consumer Protection Act No. 634/1992 Coll., as amended, among other areas. Finally, in accordance with Section 1765 (2) of the Civil Code, the Client assumes the risk of changing circumstances.
32. CUSTOMER IDENTIFICATION
To identify a natural person, the Service Provider requires a recognised personal identification document such as a passport or identity card issued and an address verification document. The Service Provider may make copies or scans of the submitted documents while complying with legal requirements. To identify a legal entity, the Customer must provide documents that confirm the registration, legal basis, current status, and authorised representatives. The Service Provider may request original or notarised copies of the documents. The Customer's representative, a natural person, must provide more information as outlined in the Know-Your-Business Application Form. The identification documents and authorisation documents for the Customer's representatives are considered valid until the Service Provider receives written revocation. However, any changes made to these documents will only take effect from the moment the Service Provider receives the documents certifying these changes. The Service Provider reserves the right to re-identify the Customer and/or their representative at any time. The Customer is required to cooperate with the Service Provider and provide any requested information and documents.
33. PROCESSING OF PERSONAL DATA OF THE NATURAL PERSONS
The Service Provider guarantees that the personal data of the Customer and their natural person representatives will be processed in compliance with the Service Provider’s Privacy Policy, which can be found on the website haloharbor.exchange. The Service Provider reserves the right to disclose information to government agencies if a written request is received, specifying the individual to be investigated and providing justification for the need for information, in accordance with applicable laws.
34. LIABILITY
The Service Provider cannot be held responsible for any losses or expenses incurred by the Customer due to fluctuations in virtual exchange rates. The Service Provider is only obligated to compensate for direct losses incurred by the Customer as a result of the Service Provider's intentional or grossly negligent illegal actions. The Parties are responsible for fulfilling their obligations arising from the Service Agreements in accordance with these Terms, unless otherwise stated. The Customer is responsible for any losses incurred by the Service Provider as a result of the Customer's default.
35. SETTLEMENT OF CLAIMS AND DISPUTES
The Service Provider can be contacted by phone at +48572227250 for any oral questions, objections, or suggestions the Customer may have. Additionally, information regarding the Services and virtual currency exchange rates can be obtained through email [email protected]. Complaints and claims must be submitted in writing to [email protected] . The Service Provider is required to respond to complaints within 15 working days after receiving them. However, if it is not possible to respond within the specified time due to circumstances beyond the Service Provider's control, the examination of the complaint may take up to 35 working days. In case the contract contains an international aspect, the parties agree to be governed by the laws of the Czech Republic. However, if the Client is a consumer, the choice of law under the previous sentence should not deprive him of the protection provided by the laws that cannot be contracted, and which would have been applicable in the absence of the choice of law under the Rome I Regulation. In case any provision in the Terms is found to be invalid or ineffective, a new provision will be enforced to the extent that it closely fulfill the purpose of the invalid provision. The invalidity of one provision does not affect the validity of the other provisions.
These Terms are effective from 01 th January, 2025.