TERMS OF USE

This agreement is between you (referenced herein as “you” or “your”) and Coinhako (referenced herein as “Coinhako” or “our” or “us”).

By accessing, using or clicking “I agree” to any of the services made available by Coinhako or one of its affiliates through the website (https://www.coinhako.com), the API (https://api.coinhako.com) , our mobile applications, or any other related services provided by Coinhako or its affiliates (collectively, the “Services”) you agree that you have read, understood and accepted all of the terms and conditions contained in this Terms of Use agreement (referenced herein as “the or these Terms” or “Agreement”), as well as our Privacy Policy . These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Services.

* You should be aware that the risk of loss in trading or holding Digital Tokens can be substantial. As with any asset, the value of Digital Tokens can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in Digital Tokens. You should carefully consider whether trading or holding Digital Tokens is suitable for you in light of your financial condition.

1. Agreement Conditions

Coinhako reserves the right, at our sole discretion, to modify or replace these Terms at any time. Coinhako will provide notice of these changes by updating the revised Terms on the webpage  http:.....................  and changing the “[Last revised: ]”  date on this page. Any and all modifications or changes to these Terms will be effective immediately upon being announced on the website or released to users. As such, your continued use of Coinhako’s services acts as acceptance of the amended agreement and rules, you agree to be bound by the revised terms. If you do not agree to any modification to these Terms, please stop using the Services. Coinhako encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.

2. Eligibility

By registering to use a Coinhako Account (as defined in Section 3  below), you represent and warrant that you:

  1. are at least 18 years old or of legal age to form a binding contract under applicable law and reside in a country in which the relevant Coinhako Services are accessible;
  2. are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms;
  3. have not previously been suspended or removed from using our Services;
  4. do not currently have an existing Coinhako Account,
  5. are not a U.S person.

If you are entering into these Terms on behalf of a legal entity of which you are an employee or agent, you represent and warrant that you have all necessary rights and authority to bind such legal entity.

3. Account Setup

3.1 Registration of Coinhako Account.

To use the Coinhako Services, you will need to register for a Coinhako account (a "Coinhako Account") by providing your name, email address and a password and accepting the Terms of Use and Privacy Policy . Coinhako may, in its sole discretion, refuse to open an account for you.

You are responsible for safeguarding the password that you use to access Coinhako Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

When you create an account with us, you must undertake and agree to provide us with information  that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service at our sole discretion. Each registration is for a single user only and each User (including with respect to any User that is a business or legal entity) may only maintain one active Account with Coinhako and not transferable to any other party. You are fully responsible for all activity that occurs under your Coinhako Account. Any unauthorised use will constitute a breach of these Terms and liable to immediate termination.

3.2 Third party Access

Our Service may contain links to third-party web sites or services that are not owned or controlled by Coinhako.com. Coinhako.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.

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 Coinhako Account and any action of such third party shall be considered to be an action authorised by you.

Further, you acknowledge and agree that you will not hold Coinhako responsible for, and will indemnify Coinhako from, any liability arising out of or related to any act or omission of any third party with access to your Coinhako Account or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read all the terms and conditions and privacy policy of any third-party web sites or services that you visit.

3.3 Identity Verification

With registration of an account on Coinhako, you agree to share personal information requested for the purposes of identity verification. This information is used specifically for the detection of money laundering, terrorist financing, fraud and other financial crimes on Coinhako platform. We will collect, use and share this information in accordance with our posted Privacy Policy. In addition to providing this information, to facilitate compliance with global industry standards for data retention, you agree to permit us to keep a record of such information for the lifetime of your account plus five (05) years beyond account closing. You also authorise us to make inquiries, either directly or through third parties, that are deemed necessary to verify your identity or to protect you and/or us against financial crimes such as fraud.

The identity verification information we request may include, but is not limited to, your: Name, Email Address, Contact Information, Telephone Number, Username, Government Issued ID, Date of Birth and other information collected at the time of account registration. In providing this required information, you confirm that it is accurate and authentic. Post-registration, you must guarantee that the information is truthful, complete and updated in a timely manner with any changes. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, Coinhako shall have the right to send you a notice to demand corrections, remove relevant information directly and, as the case may be, terminate all or part of the Services to you. You shall be solely and fully responsible for any loss or expenses incurred during the use of Coinhako Service if you cannot be reached through the contact information provided. You hereby acknowledge and agree that you have the obligation to keep all information provided up to date if there are any changes.

By signing up for a Coinhako Account you hereby authorize Coinhako to make inquiries, whether directly or through third parties, that Coinhako considers necessary to verify your identity or protect you and/or Coinhako against fraud or other financial crimes, and to take action Coinhako reasonably deems necessary based on the results of such inquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further Coinhako Services and/or before permitting you to engage in transactions beyond certain volume limits.

4. Guidelines for Usage of the Services

4.1 License

Subject to your continued compliance with the express terms and conditions of these Terms, Coinhako provides to you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services on your computer or other internet compatible device for your personal, internal use only. You are not permitted to use the Services for any resale or commercial use including to place trades on behalf of another person or entity. All such use is expressly prohibited and shall constitute a material violation of these Terms. The content layout, formatting, and features of and access privileges for the Services shall be as specified by Coinhako in its sole discretion. All rights not expressly granted under these Terms are hereby reserved. Accordingly, you are hereby prohibited from using the Services in any manner that is not expressly and unambiguously authorized by these Terms.

These Terms provide only a limited license to access and use the Services. Accordingly, you hereby agree that Coinhako transfers no ownership or intellectual property interest or title in and to the Services or any Coinhako intellectual property to you or anyone else in connection with your use of the Services. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Services are exclusively owned, controlled, and/or licensed by Coinhako or its members, parent(s), licensors, or affiliates.

Coinhako will own any feedback, suggestions, ideas, or other information or materials regarding Coinhako or the Services that you provide, whether by email, through the Services or otherwise (“Feedback”). You hereby assign to Coinhako all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.

4.2. Restrictions

When you use the Services you agree and covenant to observe the following:

  1. All the activities that you carry out during the use of the Services will be in compliance with the requirements of applicable laws, regulations, as well as the various guidelines of Coinhako:
  2. Your use of the Services will not be in violation of public interests, public ethics or other’s legitimate interests including taking any action that would interfere with, disrupt, negatively affect, or inhibit other Users from using the Services:
  3. You agree not to use the services for engaging in market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering regardless of whether prohibited by law);
  4. The following commercial uses of Coinhako data is prohibited unless written consent from Coinhako is granted:
  1. You may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the Properties, or any portion of the Properties without Coinhako’s prior written consent.
  2. You may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Properties or in any way reproduce or circumvent the navigational structure or presentation of the Services to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services, (ii) attempt to gain unauthorized access to any portion or feature of the Properties or any other systems or networks connected to the Services or to any Coinhako server or to any of the services offered on or through the Services, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Services or any network connected to the Properties, nor breach the security or authentication measures on the Services or any network connected to the Services, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Services, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Coinhako’s systems or networks or any systems or networks connected to the Services, (v) use any device, software, or routine to interfere with the proper working of the Services or any transaction conducted on the Services, or with any other person's use of the Services, (vi) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to the Services, or (vii) use the Services in an unlawful manner.

By accessing the Service, you agree that Coinhako shall have the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions to apply relevant rules without receiving your consent or giving prior notice to you.

Examples of such actions include, but are not limited to:

5. Exchange Orders and Trades

A. Instant Orders and Swaps

Certain Digital Tokens will be traded through our Instant Order service. Instant Orders are executed through our Digital Token Liquidity Provider available at the time the order is placed. Instant orders are not traded through Coinhako’s Orderbook and the price it is traded at may differ from the market prices on Coinhako’s Orderbook.

5.1 Instant Order Availability

Digital Tokens that are traded through Coinhako’s Instant Order service are subjected to the availability of our Digital Token Liquidity Providers to process trades of the Digital Token to be traded. Coinhako will not be liable for any loss incurred due to the unavailability of our Instant Order Service.

5.2 Instant Order Processing Delays and Cancellation

Order processing may be delayed due to issues we face with our Token Liquidity Providers. Order processing delay may result in a delay in the receipt of the Digital Token / Money. Coinhako strives to ensure that your Instant Order is processed as soon as possible, however, there may be instances when your order has to be cancelled when our Digital Token Liquidity Providers are unavailable, or when the delayed execution of your Order will result in significant financial loss to Coinhako. Coinhako will not be liable for any loss incurred due to the delayed execution or cancellation of your Instant Order.

B. Trading on Coinhako Orderbook

Coinhako operates a central limit order book trading platform, and settles trades in a number of Digital Tokens and Fiat Currency Trading Pairs. Each Trader’s Account will list which Order Books are available to the Trader.

(To be posted after orderbook is released)

5.1 Definitions

In these Coinhako Markets Trading Rules, the following words and phrases have the corresponding meanings.

5.2   Order Matching and Trade Execution

5.2.1 Orders are matched based on Price-Time Priority. Upon placement of an order, your Coinhako Account will be updated to reflect the open Order and your Order will be included in Coinhako’s order book for matching with corresponding Orders. If all or a portion of your Order is matched and filled, the Services will execute a Trade. Upon execution of a Trade, your Coinhako account will be updated to reflect that the Order has either been closed due to having been fully executed, or updated to reflect any partial fulfillment of the Order. Orders will remain open until fully executed or cancelled in accordance with Section 5.8  below . For purposes of effectuating a Trade, you authorize Coinhako to take temporary control of the Digital Tokens that you are disposing of in the Trade.

5 .2.2 Price-Time Priority means that each time a Taker Order is posted: The Taker Order is matched with the earliest in time Maker Order at the best price on the Order Book; and To the extent that the Taker Order is not completely Filled by that Maker Order, it is matched with any subsequent Maker Orders at that price, in the sequence those Maker Orders were posted; and To the extent that the Taker Order is not completely Filled by one or more Maker Orders described above, it is matched with one or more Maker Orders at the next best price, in the sequence those Maker Orders were posted, and this process is repeated until the Taker Order is completely Filled.

5.2.3 Subject to Time in Force Instructions, an Order may be matched with a number of corresponding Orders at the same price.

5.2.4 Taker Orders are matched with the best available existing Maker Orders. This means that a Limit Order placed outside the market (i.e. a Sell Order below the highest existing buy Order, or a buy Order above the lowest existing Sell Order) will be Filled by the best available existing Order rather than an existing Order with the same price as the Limit Order.

5.3 Orders

5.3.1 To place an Order on an Order Book, a Trader must have an Available Balance of the relevant Asset in their Account which is sufficient to cover the total value of the Order plus any applicable fees.

5.3.2 When a Trader places an Order, that quantity of the relevant Asset becomes subject to a Hold.

5.3.3 A Trader can place an Order as either a Limit Order, a Market Order.

5.4 Limit Orders

5.4.1 A Limit Order is an Order to buy or sell a specified quantity of an Asset at a specified price. A Limit Order will only ever Fill at the specified price or a better price.

5.4.2 Limit Orders may be placed with one of the following Time in Force Instructions.

5.5 Market Order

5.5.1 A Market Order is an Order to buy or sell a specified quantity of an Asset at the best available price of existing Orders on the Order Book. There is no guarantee that a Market Order will Fill at the price specified. A Market Order may Fill at a number of different prices, based on the quantity of the Market Order and the quantities of the existing Orders on the Order Book at the time. A Market Order is always a Taker Order.

5.5.2 Depending on the volume and prices of Orders on the Order Book at the time when a Market Order is posted, the Market Order may Fill at a price less favorable than the most recent trade price, in some cases significantly so.  This is commonly referred to as ‘slippage’.  

5.6 Posting of Orders to the Order Book

5.6.1 Taker Order: If an Order is posted to the Order Book at the same price as one or more existing Orders, it is a Taker Order which will result in an immediate Fill at that price, to the extent of the total quantity of those existing Orders.

5.6.2 Maker Order: To the extent that an Order is posted to the Order Book at a different price to all existing Orders, it is a Maker Order which will remain open at that price on the Order Book until:

  1. it is cancelled by the Trader; or
  2. it is completely Filled by one or more Taker Orders placed by another Trader at the same price.

5.7 Fill & Settlement

When a Maker Order is matched with a Taker Order, those Orders are Filled. An Order may be matched with and Filled by one or more Orders at the same price. Filled orders will be settled by debit and credit into the relevant user account balance. User acknowledges and agrees that there is no assurance or guarantee that an Order will be Filled and/or settled.

5.8 Cancellation

You may only cancel an Open Limit Order initiated via the Services if such cancellation occurs before your Order has been matched with an Order from another user. Once your Order has been matched with an Order from another user, you may not change, withdraw, or cancel your authorization for Coinhako to complete such Order. No fees are charged for canceled Orders.

If any order has been partially matched, you may cancel the unmatched portion of the Order unless and until the unmatched portion has been matched. Coinhako reserves the right to refuse any cancellation request associated with an Order after you have submitted such Order.

If you have an insufficient amount of Asset in your Account to fulfill an Order, Coinhako will reject the entire Order.

5.9 Trading Fee.

5.9.1 Coinhako charges a Maker fee for each Maker Order and a Taker fee for each Taker Order that is posted to the Order Book. The fee is charged in the Counter Asset and is calculated as a percentage of the Order quantity.

5.9.2 A fee is charged by debiting the Trader’s Available Balance for the amount of the fee at the time that the Order is matched. [a]   Fee is charged during a fulfilment depending on amount fulfilled.

5.9.3 If an Order is posted to the Order Book partially as a Maker Order and partially as a Taker Order, a Maker fee applies to the portion posted as a Maker Order and a Taker fee applies to the portion posted as a Taker Order.

5.9.4  Fees may vary between Order Books [b]  and also between users based on promotion. The current fee rates can be found at Coinhako.com/fees……..

5.10 Minimum / Maximum Order

5.10.1 Order Minimums: All Market Orders and Limit Orders placed on Coinhako Markets are subject to the minimum order size requirements listed at https://…...

5.10.2 Order Maximums: All Market Orders, Limit Orders placed on Coinhako Markets are subject to the maximum order sizes listed at https://….

5.10.3 Updating Order Minimums and Maximums: Coinhako Markets will periodically update these Order Minimums and Order Maximums to reflect the current state of our marketplace and the notional value of the assets.

6. Market Integrity

6.1 All Trades are Final

6.1.1 Subject to Clause 6.2  below, all Fills Irrevocable Orders are final and no Trader shall have the right to reverse or cancel any Transaction, Fill or Irrevocable Order.

6.2. Reversal, cancellation, modification and/or disregard of trades

6.2.1 Coinhako may, in its sole and absolute discretion, reverse, cancel, modify and/or disregard any Transaction, Fill, Order, Irrevocable Order or Instruction under any circumstance and for whatever reason or no reason whatsoever, including but not limited to where:

  1. Coinhako is compelled to do so by any applicable law or regulation, including but not limited to where Coinhako is required to suspend or terminate a Trader’s Account;
  2. Due to a technical error, Transactions, Orders, Irrevocable Orders or Fills do not occur as specified in these Trading Rules;
  3. Orders placed by Traders who, in our sole discretion, have engaged in abusive use of the platform, for example, Market Manipulation, or using the Coinhako APIs in a manner which unreasonably burdens the Coinhako Platform;
  4. Orders which involve an obvious error with respect to price, quantity, or other parameters – a ‘Clearly Erroneous Transaction’. In making a determination whether a transaction is a Clearly Erroneous Transaction, Coinhako will take into account the circumstances at the time of the transaction, the need to preserve the integrity of the market, and the need to maintain a fair and orderly marketplace. The Trader agrees and understands that if Coinhako determines a transaction to be a Clearly Erroneous Transaction, Coinhako may declare it null and void, in whole or in part, even if the Trader and/or the other party do not agree to cancel or modify it; and/or
  5. for technical reasons or to maintain the proper functioning of the Coinhako Platform, it would be necessary or desirable to do so.

6.2.2 Under no circumstances shall any of the Indemnified Persons be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by any Trader or any other person or entity, arising from or in connection with Coinhako's decision to reverse, cancel, modify and/or disregard any Transaction, Fill, Order, Irrevocable Order or Instruction.

6.3 Access to Coinhako Platform

6.3.1 All Traders have equal access to the Coinhako APIs and Web Interfaces. Coinhako does not provide prioritized access to any Trader.

6.3.2 Coinhako Market Operations has the authority to take any action deemed appropriate in its sole and absolute discretion to preserve market integrity. Such actions include, but are not limited to, the halting of trading, modifying risk-mitigating parameters, restricting Trader access to Coinhako Platform, restricting Order types to Limit only, canceling orders resting in the Order Book, or any other action that Coinhako deems to be in its best interest.

6.4 Interruptions

If technical reasons prevent or degrade Traders’ ability to place or cancel Orders, or prevent or degrade access to Coinhako APIs or the Web Interfaces or affect the operation of Coinhako Platform’s Order Books or matching engines, or other systems or processes, then Coinhako may, in its discretion, take one or more of the following actions (where applicable) in respect of one or more Order Books:

  1. disable or suspend the depositing or withdrawing of Assets;
  2. reverse, cancel, modify and/or disregard Open Orders;
  3. disable or suspend the ability to place new Orders or Irrevocable Orders;
  4. disable or suspend the ability of Market Makers to offer any Buy Prices or Sell Prices;
  5. disable or suspend any entry into, completion and/or settlement of any Filled Orders, Irrevocable Orders and/or Transactions;
  6. disable or suspend sign-in;
  7. disable or suspend the Coinhako APIs; and/or
  8. disable or suspend access to the Web Interface.

6.5  Self-trade Prevention Do we have this?

6.5.1 Traders are not able to place an Order which would result in self-execution—i.e., where the same Trader would act as both the maker and taker for the trade.

6.5.2 If two Orders of the same quantity would result in self-execution, both Orders are canceled.

6.5.3 If two Orders of different quantities would result in self-execution, the smaller Order is canceled and the larger order is decremented by an amount equivalent to the smaller quantity. The remainder of the larger order remains Open.

6.5 Flash Crashes and Circuit Breakers

Coinhako Markets does not use circuit breakers or automated trading halts based on predetermined price bands. As provided in Section 6.3.2  and 6.4 , Coinhako Markets Market Operations may, in its discretion, halt trading.

6.6 False Trading and Market Manipulation Prohibited

6.6.1 Traders are prohibited from engaging in Market Manipulation.

6.6.2 Market Manipulation of any kind is strictly prohibited. Market Manipulation is defined as any actions taken or procured to be taken, or any course of conduct, by any market participant or a person acting in concert with a participant(s) which are intended to:o, or does, or is likely to:

  1. Create a false or deceive or mislead other Traders;:
  1. of active trading in any Digital Asset on the Coinhako Platform; or
  2. with respect to the market for, or the price of, any Digital Asset traded on the Coinhako Platform;
  1. Artificially control or manipulate the price or trading volume of a Digital Asset, including but not limited to maintaining, inflating, depressing or causing fluctuations in the market price of a Digital Asset; or
  2. Aid, abet, enable, finance, support, or endorse either of the above.

For the avoidance of doubt, Market Manipulation may include, without limitation, any action or course of conduct carried out or undertaken on the Coinhako Platform and/or outside of the Coinhako Platform.

6.6.3 Market Manipulation specifically includes, without limitation: front-running, wash trading, spoofing, layering, churning, and quote stuffing.

6.6.4 A Trader must also not effect, take part in, be concerned in or carry out, directly or indirectly, two (02) or more Transactions in Digital Assets being Transactions that have, or are likely to have, the effect of raising, lowering, maintaining or stabilising the price of the Digital Asset, with the intent to induce other persons to purchase or sell such Digital Assets.

6.7. False or Misleading Statements

Traders are prohibited from making false or misleading statements or disseminating information that is false or misleading in a material particular and is likely:

  1. to induce other persons to purchase or sell Digital Assets; or
  2. to have the effect (whether significant or otherwise) or raising, lowering, maintaining or stabilising the market price of Digital Assets.

6.8. Employment of Manipulative and Deceptive Devices

Traders are prohibited from engaging in manipulative or deceptive conduct in connection with the purchase or sale of any Digital Asset. Examples of manipulative or deceptive conduct include:

  1. employing any device, scheme or artifice to defraud;
  2. engaging in any act, practice or course of business which operates as a fraud or deception, or is likely to operate as a fraud or deception, upon any person;
  3. making any statement the Trader knows to be false in a material particular; or
  4. omitting to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading.

6.9 Coinhako Employee Access

Coinhako policies prohibit all Coinhako employees from using inside, corporate or proprietary information to trade Digital Assets.

7. Market Maker

Market Makers. You acknowledge, agree and accept that:

(a) one or more Market Makers (which may include affiliates or related corporations of Coinhako acting in such capacity) may be appointed by Coinhako to promote liquidity on the Coinhako Platform, and any such Market Makers may enter into Transactions with you as your counterparty;

(b) Market Makers may have access to information that is not available to you, may have acquired trading positions at prices that are not available to you, and may have interests different from your interests;

(c) Market Makers may also maintain positions in various Digital Assets as part of their market making activities, including positions in Digital Assets that are contrary to your positions; and

(d) under no circumstances shall any of the Indemnified Persons be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by you or any other person or entity as a result of the market making activities of the Market Makers.

8. Scheduled Downtime

From time to time, Coinhako may suspend trading temporarily for maintenance or upgrades.

9 . Transactions limits and enhanced due diligence

9 .1 Transactions Limits

The use of all Coinhako Services is subject to a limit on the volume, stated in SGD or other fiat currency or Digital Tokens, you may transact or transfer in a given period (e.g. daily). Please refer to our support page on Verification Procedures and Limits  for further details. To view your limits, login to your Coinhako Account and visit https://www.coinhako.com . Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary. If you wish to raise your limits beyond the posted amounts, you may submit a request at https://support…….

9 .2 Enhanced Due Diligence.  

We may require you to submit additional information about yourself or your business, provide records if you wish to raise your limits ("Enhanced Due Diligence"). We reserve the right to charge you costs and fees associated with such Enhanced Due Diligence although if we intend to do so, we will notify you in advance so that you can decide whether you wish to proceed with the request. In our 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.

10. Risk Disclosures; Assumption of Risks; Release of Coinhako

Trading Digital Tokens, and use of other Services provided by Coinhako, involves significant risks and potential for financial losses, including without limitation the following:

The risks described in this may result in loss of Digital Tokens, decrease in or loss of all value for Digital Tokens, inability to access or transfer Digital Tokens, inability to trade Digital Tokens, inability to receive financial benefits available to other Digital Token holders, and other financial losses to you. You hereby acknowledge that these risks fall outside the sphere which may be influenced by actions of Coinhako. Therefore, Coinhako will have no responsibility or liability for, any such risks.

You represent and warrant that you have (a) the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any Digital Tokens that you decide to acquire or trade; and (b) the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of any Digital Tokens or trade. You accept the risk of trading Digital Tokens by using the Services, and are responsible for conducting your own independent analysis of the risks specific to the Digital Tokens and the Services. You should not acquire or trade any Digital Tokens unless you have sufficient financial resources and can afford to lose all value of the Digital Tokens.

Coinhako’s decision to support the transfer, storage or trading of any particular Digital Tokens through the Services does not indicate Coinhako’s approval or disapproval of the Digital Token or the integrity, security or operation of the Digital Token or its Underlying Technology. The risks associated with Digital Tokens and trading Digital Tokens apply notwithstanding Coinhako’s decision to support a particular Digital Token. Coinhako does not provide trading advice, does not have any fiduciary duty to you or any other user and does not make any warranty about the suitability of any Digital Tokens for trading or ownership by you.

11 . Changes, Suspension, Termination and Cancellation.

11 .1 Suspension, Termination and Cancellation.

You agree that Coinhako shall have the right to immediately suspend your account (and any accounts beneficially owned by related entities or affiliate s), freeze or lock the funds in all such accounts, and suspend your access to Coinhako for any reasons including if Coinhako suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations.  You agree that Coinhako shall not be liable to you for any permanent or temporary modification, suspension or termination of your Coinhako Account or access to all or any portion of Coinhako Services. Coinhako shall have the right to keep and use the transaction data or other information related to such accounts. The above account controls may also be applied in the following cases:

In case of any of the following events, Coinhako shall have the right to terminate directly this Agreement by cancelling your Coinhako Account, and shall have the right to permanently freeze (cancel) the authorizations of your account on Coinhako and withdraw the corresponding Coinhako Account thereof:

Should your Coinhako Account be terminated, the Account and transactional information required for meeting data retention standards will be securely stored for least 5 years. In addition, if a transaction is unfinished during the Account termination process, Coinhako 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 European General Data Protection Regulation ( GDPR) or other equivalent regulations) will also be subjected to the termination protocol stated above . If Coinhako receives notice that any funds held in your Account are alleged to have been stolen or otherwise are not lawfully possessed by you, Coinhako may, but has no obligation to, place an administrative hold on the affected funds and your Account.

If Coinhako does place an administrative hold on some or all of your funds or Account, Coinhako may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Coinhako has been provided to Coinhako in a form acceptable to Coinhako. Coinhako will not involve itself in any such dispute or the resolution of the dispute. You agree that Coinhako will have no liability or responsibility for any such hold, or for your inability to withdraw funds or execute trades during the period of any such hold.

If we refuse to complete a transaction and / or suspend, restrict or close your Coinhako Account, and / or terminate your use of Coinhako Services, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure, and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure. In the event that we refuse to complete a transaction and / or suspend your Coinhako Account we will lift the suspension or complete the transaction as soon as reasonably practicable once the reasons for refusal and / or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction.

You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Coinhako Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.

11 .2 Consequences of Termination or Suspension.

11.2.1  Remaining funds after Account termination

On termination of this Agreement for any reason, unless prohibited by applicable law or by any court or other order to which Coinhako is subject in any jurisdiction, you are permitted to access your Coinhako Account for:

You are not permitted to use the Coinhako Services or your Coinhako Account for any other purposes during these periods and we may, at our discretion, limit the functionality of the Site for you accordingly.

You may cancel your Coinhako Account at any time by withdrawing all balances and submit a close account request to hello@Coinhako.com . You will not be charged for cancelling your Coinhako Account, although you will be required to pay any outstanding amounts owed to us (if any). You authorise us to cancel or suspend any pending transactions at the time of cancellation.

11.2.2 Remaining funds after Account termination due to fraud, violation of law, or violation of these terms

Coinhako maintains full custody of the funds and User data / information which may be turned over to governmental authorities in the event of Account suspension/closure arising from fraud investigations, violation of law investigations or violation of these Terms.

12. No Financial Advice

Coinhako 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 the Services. No communication or information provided to you by Coinhako is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. 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 based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation. Coinhako does not recommend that any Digital Tokens should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Tokens, you should conduct your own due diligence and consult your financial advisors before making any investment decision. Coinhako will not be held responsible for the decisions you make to buy, sell, or hold Digital Tokens based on the information provided by Coinhako.

13. Liability

13.1 Disclaimer of Warranties

T o the maximum extent permitted under applicable law, the services, the Coinhako materials and any product, service or other item provided by or on behalf of Coinhako are provided on an “as is” and “as available” basis and Coinhako expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, implied 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, Coinhako does not represent or warrant that the site, the services or Coinhako materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Coinhako does not guarantee that any order will be executed, accepted, recorded or remain open. Except for the express statements set forth in this agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the services. Without limiting the foregoing, you hereby understand and agree that Coinhako will not be liable for any losses or damages arising out of or relating to: (a) any inaccuracy, defect or omission of digital currency price data, (b) any error or delay in the transmission of such data, (c) interruption in any such data and (d) any damages incurred by another user’s actions, omissions or violation of this agreement.

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.

13.2 Disclaimer of Damages and Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Coinhako, 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 business or financial benefit) arising out of or in connection with the services, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of Coinhako and its affiliates, whether under contract, statute, strict liability or other theory even if Coinhako 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 Coinhako’s 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 Coinhako, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of or in connection of the services, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of Coinhako or its affiliates whether under contract, statute, strict liability or other theory, exceed the amount of the fees paid by you to Coinhako under this agreement in the twelve-month period immediately preceding the event giving rise to the claim for liability.

13.3 Indemnification

You agree to indemnify and hold harmless Coinhako, its 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 the 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 the Service. If you are obligated to indemnify Coinhako, its affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to this clause, Coinhako will have the right, in its sole discretion, to control any action or proceeding and to determine whether Coinhako wishes to settle, and if so, on what terms.

14. Data protection

You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided (or in the future provide) to us in relation to your employees and other associated, or other individuals (if you are not an individual), in connection with this Agreement, or the Coinhako Services. We will process this personal data in accordance with the Privacy Policy. Accordingly, you represent and warrant that:

PDPC

15. Security

15.1 Password Security.

In order to access Coinhako Services you will be required to create or will be given security details, including a username and password. You are responsible for keeping the electronic device through which you access Coinhako Services safe and maintaining adequate security and control of any and all security details that you use to access the Coinhako Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is both encrypted and password protected.

Any loss or compromise of your electronic device or your security details may result in unauthorised access to your Coinhako Account by third-parties and the loss or theft of any Fiat currency or Digital Tokens and/or funds held in your Coinhako Account and any associated accounts, including your linked bank account(s). You must keep your security details safe at all times. For example, passwords need to be safeguarded and not shared or made visible to others.

You should never allow remote access or share your computer screen with someone else when you are logged on to your Coinhako Account. Coinhako will never under any circumstances ask you for your IDs, passwords, or 2-factor authentication codes or to screen share or otherwise seek to access your computer or account. You should not provide your details to any third party for the purposes of remotely accessing your amount unless specifically authorised in accordance with Sections 3.2 . Always log into your Coinhako Account through the Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Coinhako and/or failure to follow the requirements set out in this Section 15.1 ,  or follow or act on any notices or alerts that we may send to you.

15.2 Authentication and Verification.

In order to access Coinhako Services users are required to provide an email address and create a password. Coinhako offers second factor authentication via a user’s mobile device (Short Message Service or a supported Time-based One Time Password application). A verified phone number is required to enable second factor authentication via SMS . Users are responsible for keeping electronic devices through which Coinhako Services is accessed safe and maintaining adequate security and control of any and all security details that are used to access the Coinhako Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of said electronic devices and ensuring that said electronic devices are password protected. Any loss or compromise of personal electronic devices or security details may result in unauthorised access of a user’s Coinhako Account by third-parties and the loss or theft of any Digital Tokens and/or funds held in your Coinhako Account and the misuse of any associated accounts, including linked bank account(s).

15.3 Security Breach.

If you suspect that your Coinhako Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and / or Coinhako (together a "Security Breach"), you must:

  1. Notify Coinhako Support as soon as possible by email free of charge at: hello@Coinhako.com .  
  2. Continue to provide accurate and up to date information throughout the duration of the Security Breach; and
  3. You must take any steps that we reasonably require to reduce, manage or report any Security Breach.

Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.

15.4 Safety and Security of Your Computer and Devices.

Coinhako is not liable for any damage or interruptions caused by any computer viruses or other malicious code 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 us.

16. Dispute Resolution

If any dispute shall arise in connection with these Terms, either you or we may initiate the dispute resolution procedures set forth in this section by giving the other party written note of such dispute ( “Dispute Notice” ).

Following issuance of a Dispute Notice, both you and we shall agree to participate in mediation and undertake to abide by the terms of any settlement reached. The mediation must take place within sixty (60) days  of the date of the Dispute Notice, and the mediator shall be an Associate or Principal Mediator accredited by the Singapore Mediation Centre or an accredited mediator who has been agreed on an ad hoc basis between the parties for the purposes of seeking a possible resolution to the dispute. Parties shall endeavour to agree on a mediator, failing which the mediator shall be selected by the Singapore Mediation Centre.

If the dispute cannot be resolved by mediation within sixty (60) days of the date of the Dispute Notice, then either you or we may refer the dispute to arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC Rules) for the time being in force, which rules are deemed to be incorporated by reference to this section. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English.

17. Governing Law

These Terms shall be governed and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.


PRIVACY POLICY

This Privacy Policy governs the manner in which Coinhako collects, uses, maintains and discloses information collected from users (each, a "User") of the www.coinhako.com website ("Site"). This privacy policy applies to the Site and all products and services offered by Coinhako.

  1. Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address. Users may, however, visit our Site anonymously.

We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

  1. Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

  1. Web browser cookies

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

  1. How we use collected information

Coinhako may collect and use Users’ personal information for the following purposes:

We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

  1. How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

  1. Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

  1. Changes to this privacy policy

We have the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

  1. Your acceptance of these terms

By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

ANTI-CORRUPTION STATEMENT

Coinhako  is fully committed to ensuring that all its employees, and Coinhako as an entity, comply with all anti-bribery and corruption laws in all jurisdictions where Coinhako operates.

Coinhako has zero tolerance for bribery and corruption.

  1. Definitions

Corrupt behaviour is defined as dishonestly acting, or dishonestly failing to act, in the performance of functions of one’s employment, or dishonestly taking advantage of one’s employment to obtain benefit for himself or herself, the Company or for another person or organisation, or to cause loss to another party / person.

Bribery is defined as the act of

  1. Providing, offering or causing a benefit to another person with the intention of influencing for a business or personal advantage, where the benefit is not legitimately due and regardless of whether the recipient is the intended target of the benefit;
  2. Soliciting or receiving a benefit from another person with the intention of providing a business or personal advantage, where the benefit is not legitimately due; or
  3. Inducing or permitting a third party to provide, offer or cause a benefit to another person with the intention of influencing for a business or personal advantage, where the benefit is not legitimately due regardless of whether the recipient is the intended target of the benefit.

In determining whether corruption or bribery has occurred, the benefit received may be monetary or otherwise. Bribery can involve the giving, receiving or acceptance of any gift, reward, hospitality or other offer which could be perceived as an incentive, favour or inducement to perform an improper act or gain a business or personal advantage.

  1. Principles

Coinhako will uphold the following standards relating to all matters concerning anti-bribery or anti-corruption.

  1. Coinhako strictly prohibits all forms of bribery and corruption, including facilitation payments. The Company will report all instances of bribery and corruption to the relevant authorities without exception.
  2. When receiving or giving gifts and/or providing entertainment, employees must ensure that that gifts and/or entertainment are reasonable and proportionate to the purpose for which they are given or taken.
  3. All employees shall report any issues of conflict of interest before giving or receiving gifts.
  4. All questionable behaviour should be reported to the relevant reporting officer(s), and all suspicions of impropriety relating to corruption or bribery should be reported to management directly or via the Company’s whistleblowing channels.
  5. Employees should exercise heightened care and diligence when interacting with public officials.

CONTACTING US

If you have any questions about this Policy, the practices of this site, or your dealings with this site, please contact us at:

Coinhako www.coinhako.com

14 Robinson Road #08-01A

Singapore 048545

hello@coinhako.com

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