Last Revised: 01 July 2020
* 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 https://www.coinhako.com/tos 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.
By registering to use a Coinhako Account (as defined in Section 3 below), you represent and warrant that you:
- 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;
- are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms;
- have not previously been suspended or removed from using our Services;
- do not currently have an existing Coinhako Account,
- 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.
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. Coinhako 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.
3.3 Identity Verification
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
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.
When you use the Services you agree and covenant to observe the following:
- 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;
- 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;
- 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);
The following commercial uses of Coinhako data is prohibited unless written consent from Coinhako is granted:
- Exchange services that use quotes or price information from Coinhako;
- Data feed or data stream services that make use of any price or quote data from Coinhako;
- Any other websites/apps/services that charge for, or otherwise commercially monetize (including through advertising or referral fees), price or quote data obtained from Coinhako;
- 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;
- 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:
- Block and close order requests
- Freezing your account
- Reporting the incident to authorities
- Publishing the alleged violations and actions that have been taken
- Deleting any information you published that is in violation
5. Digital Tokens Trading
Instant Orders are executed through our Digital Token Liquidity Provider available at the time the order is placed.
5.1 Instant Order Availability
Coinhako may halt orders in the event when liquidity or markets are unavailable. 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
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 due to system or networking issues that prohibits us from processing the trades. Coinhako will not be liable for any loss incurred due to the delayed execution or cancellation of your Instant Order.
6. Market Integrity
6.1 All Trades are Final
Subject to Clause 6.2 below, all Transactions are final and no Trader shall have the right to reverse or cancel any Transaction.
6.2. Reversal, cancellation, modification and/or disregard of trades
Coinhako may, in its sole and absolute discretion, reverse, cancel, modify and/or disregard any Transaction under any circumstance and for whatever reason or no reason whatsoever, including but not limited to where:
- 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;
- Due to a technical error, Transactions do not occur as specified in these Trading Rules;
- 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;
- 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
- for technical reasons or to maintain the proper functioning of the Coinhako Platform, it would be necessary or desirable to do so;
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.
6.3 Access to Coinhako Platform
All Traders have equal access to the Web Interfaces. Coinhako does not provide prioritized access to any Trader.
Coinhako 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 or any other action that Coinhako deems to be in its best interest.
If technical reasons prevent or degrade Traders’ ability to place or cancel Orders, or prevent or degrade access to the Web Interfaces or matching engines, or other systems or processes, then Coinhako may, in its discretion, take one or more of the following actions (where applicable):
- Disable or suspend the depositing or withdrawing of Assets;
- Reverse, cancel, modify and/or disregard Open Orders;
- Disable or suspend the ability to place new Orders;
- Disable or suspend any entry into, completion and/or settlement of any Transactions;
- Disable or suspend sign-in;
- Disable or suspend access to the Web Interface;
6.5 Flash Crashes and Circuit Breakers
Coinhako 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 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:
Create a false or deceive or mislead other Traders:
- of active trading in any Digital Tokens on the Coinhako Platform; or
- with respect to the market for, or the price of, any Digital Tokens traded on the Coinhako Platform
- Artificially control or manipulate the price or trading volume of a Digital Token, including but not limited to maintaining, inflating, depressing or causing fluctuations in the market price of a Digital Token; or
- 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 Tokens being Transactions that have, or are likely to have, the effect of raising, lowering, maintaining or stabilising the price of the Digital Token, with the intent to induce other persons to purchase or sell such Digital Tokens.
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:
- to induce other persons to purchase or sell Digital Tokens; or
- to have the effect (whether significant or otherwise) or raising, lowering, maintaining or stabilising the market price of Digital Tokens.
6.8. Employment of Manipulative and Deceptive Devices
- employing any device, scheme or artifice to defraud;
- 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;
- making any statement the Trader knows to be false in a material particular; or
- 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 Tokens.
7. Downtime and Maintenance
Coinhako may be periodically unavailable during scheduled maintenance or unscheduled downtime.
Coinhako is not liable or responsible to you for any inconvenience or losses to you as a result of Downtime. Following Downtime, when services resume, market conditions and prices may differ significantly from the market conditions and prices prior to such Downtime.
8. Transactions limits and enhanced due diligence
8.1 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 Fiat Maximum Minimum Amounts for further details. To view your limits, login to your Coinhako Account > General Settings. 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.coinhako.com/hc/en-us/requests/new
8.2 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.
9. 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 features, functions, characteristics, operation, use and other properties of any Digital Tokens (“Token Properties”) and the software, networks, protocols, systems, and other technology (including, if applicable, any blockchain) (“Underlying Technology”) used to administer, create, issue, transfer, cancel, use or transact in any Digital Tokens may be complex, technical or difficult to understand or evaluate.
- Any Digital Tokens and its Underlying Technology may be vulnerable to attacks on the security, integrity or operation of the Digital Tokens or its Underlying Technology (“Attacks”), including Attacks using computing power sufficient to overwhelm the normal operation of a blockchain or other Underlying Technology.
- Any Digital Tokens Properties or Underlying Technology may change or otherwise cease to operate as expected due to a change made to the Underlying Technology, a change made using features or functions built into the Underlying Technology or a change resulting from an Attack. These changes may include, without limitation, a “fork” or “rollback” of a Digital Token or blockchain.
- Any Digital Tokens may potentially be cancelled, lost or double spent, or otherwise lose all or most of their value, due to forks, rollbacks, Attacks, changes to Digital Tokens Properties or failure of the Digital Tokens to operate as intended.
- Coinhako may suspend or cease to support the transfer, storage or trading of any Digital Tokens at any time at Coinhako’s discretion. Other exchanges and service providers may do the same.
- Coinhako may not support so-called metacoins, colored coins or other Digital Tokens, or their related side chains or other Underlying Technology that are based on a fork, enhancement, or derivative of a different Digital Tokens or Underlying Technology (“Derivative Protocols”) even if the Derivative Protocol is based on a Digital Token that is supported by Coinhako. Other exchanges or service providers may do the same.
- Coinhako may cease/pause support for tokens during network upgrades and network changes (mainnet switches).
- Coinhako will not guarantee support of all networks for a Token.
- The entire balance displayed in the Coinhako account may not be tradeable or withdrawable due to precision limitations.
- Coinhako may not support dividend payouts for all tokens.
- Deposits and withdrawals may not be instantaneous, Coinhako is not responsible for any price movements during that time and losses incurred.
- Coinhako may suspend or reject your transaction requests, suspend or cease support for Digital Tokens, or suspend or terminate your access to the Services to comply with applicable laws or regulations or an order from law enforcement or other governmental authority, for other reasons as specified in these Terms or otherwise at Coinhako’s discretion.
- You may be unable to withdraw Digital Tokens prior to Coinhako ceasing to support transfer of any such Digital Tokens, resulting in the loss of any such Digital Tokens remaining in your Coinhako Account.
- Any Digital Tokens may decrease in value or lose all of its value due to various factors including discovery of wrongful conduct, market manipulation, changes to Token Properties or perceived value of Token Properties, Attacks, suspension or cessation of support for a Digital Token by Coinhako or other exchanges or service providers, and other factors outside the control of Coinhako.
- Any Digital Tokens may decrease in value or lose all of its value due to legislative or regulatory activity, or other government action. Government regulation of Digital Tokens is unsettled and rapidly evolving.
- Any Digital Tokens may be lost if sent to the wrong address (for example, but without limitation, if the address is improperly formatted, contains errors, or is intended to be used for a different type of Digital Tokens).
- You may be prevented from sending a transaction request, or your transaction request or email may not be received by Coinhako or the Services, due to hardware, software or services issues (including, without limitation, Internet and other network connectivity issues).
- Your transaction request or email to Coinhako or the Services may be lost, intercepted or altered during transmission.
- Unauthorized third parties may access or use your Coinhako Account and effect transactions without your knowledge or authorization, whether by obtaining the password to your Coinhako Account, obtaining control over another device or account used by you in connection with any enhanced security measures enabled for your account, or by other methods.
- Digital Currency Storage Transmission Delays. Coinhako securely stores Digital Token private keys, in a combination of online and offline storage, which are the means by which you can securely approve a Digital Token Transaction. As a result of our security protocols, it may be necessary for us to retrieve private keys or related information from offline storage in order to facilitate a Digital Token Transaction in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such Digital Token Transaction.
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.
10. Error Correction
Coinhako may endeavor to correct, reverse or cancel any Order, Trade, transfer, or other transaction or activity with respect to which Coinhako has discovered that there was an error, whether such error was caused by you, Coinhako or a third party or due to technical issues, system issues, software failure or otherwise. You hereby authorize Coinhako to make any such correction, reversal or cancellation described in the preceding sentence if and when possible at its sole discretion. Coinhako provides no guarantee or warranty that any such attempt will be successful and will have no responsibility or liability for such error(s) or any correction attempt(s).
11. Changes, Suspension, Termination and Cancellation
11.1 Suspension, Termination and Cancellation
- We are, in our reasonable opinion, required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction;
- We reasonably believe that we need to do so in order to protect our reputation;
- We reasonably suspect you of acting in breach of this Agreement;
- We detect unusual activity in the account;
- We detect unauthorized access to the account;
- We have concerns that a transaction is erroneous or about the security of your Coinhako Account or we suspect the Coinhako Services are being used in a fraudulent or unauthorised manner;
- We suspect money laundering, terrorist financing, fraud, or any other financial crime;
- Use of your Coinhako Account is subject to any pending litigation, investigation, or government proceeding and / or we perceive a heightened risk of legal or regulatory non-compliance associated with your Coinhako Account activity; and / or
- You take any action that may circumvent our controls such as opening multiple Coinhako Accounts or abusing promotions which we may offer from time to time.
- We are required to do so by a court order or command by a regulatory / government authority.
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:
- After Coinhako terminates Services to you;
- You allegedly register or register in any other person’s name as Coinhako user again, directly or indirectly;
- The information that you have provided is untruthful, inaccurate, outdated or incomplete;
- When these Terms are amended, you expressly state and notify Coinhako of your unwillingness to accept the amended Terms;
- You request that the Services be terminated;
- And any other circumstances where Coinhako deems it should terminate the services.
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, you will be prohibited by applicable law or by any court or other order to which Coinhako is subject in any jurisdiction.
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 firstname.lastname@example.org. 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 affected 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.
13.1 Disclaimer of Warranties
To 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 jurisdiction does 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.
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
- Your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;
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 devices and ensuring that such electronic devices are 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 1t5.1, 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 (using a supported Time-based One Time Password application). 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:
- Notify Coinhako Support as soon as possible by email free of charge at: email@example.com.
- Continue to provide accurate and up to date information throughout the duration of the Security Breach; and
- 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.
Anti-Money Laundering & Sanctions Policy
The Policy on Prevention of Money Laundering and Terrorist Financing (hereinafter — “the AML Policy”) outlines the minimum general unified standards of sanctions, anti-money laundering and combating terrorism financing which should be adhered to by Hako Technology Pte. Ltd.
The AML Policy is designed to ensure that we comply with the requirements and obligations set out in the applicable Singapore legislation, regulations, rules and Industry Guidance for the financial services sector, including the need to have adequate systems and controls in place to mitigate the risk of the company being used to facilitate financial crime.
In any country where the applicable anti-money laundering laws and regulations require us to establish higher standards, they must meet those standards. Adherence to this Policy is absolutely essential for ensuring that we, regardless of geographic location, will seek to fully comply with applicable anti-money laundering laws and regulations.
These policies and principles are designed to ensure that all Group Companies comply with the legal and regulatory requirements applicable in the Singapore as well as with their local obligations.
1. The AML Policy
The AML Policy sets out the minimum standards which must be complied with by us includes:
- The appointment of a Compliance Officer, who have responsibility for oversight of our compliance with relevant legislation, regulations, rules and industry guidance;
- Establishing and maintaining a Risk Based Approach (RBA) towards assessing and managing the money laundering and terrorist financing risks;
- Establishing and maintaining risk-based customer due diligence, identification, verification and know your customer (KYC) procedures, including enhanced due diligence for those customers presenting higher risk, such as Politically Exposed Persons (PEPs) and Correspondent relationships;
- Establishing and maintaining risk based systems and procedures to monitor ongoing user activity;
- Procedures for reporting suspicious activity internally and to the relevant law enforcement authorities as appropriate;
- The maintenance of appropriate records for the minimum prescribed periods;
- Training and awareness for all relevant employees in our Company; and
- The provision of appropriate management information and reporting to senior management of the Company’s compliance with the requirements.
2. Sanctions Policy
The Company is prohibited from transacting with individuals, companies and countries that are on prescribed Sanctions lists. We will therefore endeavor to screen against the United Nations, European Union, UK Treasury and US Office of Foreign Assets Control (OFAC) and other sanctions lists in all jurisdiction in which we operate.
3. List of Prohibit Individual, Uses and Transactions
Fraud, gambling, high risk business, money laundering, terrorist financing, ransomware, darknet market, scam, hack/stolen funds, high risk exchanges, abusive, drugs, adult material and multi level marketing, sanctioned countries/individuals and political exposed individual.
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.
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
- 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;
- 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
- 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.
Coinhako will uphold the following standards relating to all matters concerning anti-bribery or anti-corruption.
- 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.
- 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.
- All employees shall report any issues of conflict of interest before giving or receiving gifts.
- 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.
- Employees should exercise heightened care and diligence when interacting with public officials.
Data Protection Notice For Customers
This Data Protection Notice (“ Notice ”) sets out the basis which HAKO TECHNOLOGY PTE LTD (“ we ”, “ us ”, or “ our ”) may collect, use, disclose or otherwise process personal data of our customers in accordance with the Personal Data Protection Act (“ PDPA ”). This Notice applies to personal data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process personal data for our purposes.
1. Personal Data
As used in this Notice:
“customer” means an individual who (a) has contacted us through any means to find out more about any goods or services we provide, or (b) may, or has, entered into a contract with us for the supply of any goods or services by us; and
“personal data” means data, whether true or not, about a customer who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access.
- Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include name, identification numbers such as nric, fin, work permit and birth certificate, residential address, email address, telephone number, nationality, gender, date of birth, marital status, employment information and financial information.
- Other terms used in this Notice shall have the meanings given to them in the PDPA (where the context so permits).
2. Collection, Use and Disclosure of Personal Data
- We generally do not collect your personal data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “authorised representative”) after (i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or (b) collection and use of personal data without consent is permitted or required by the PDPA or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).
We may collect and use your personal data for any or all of the following purposes:
- performing obligations in the course of or in connection with our provision of the goods and/or services requested by you;
- verifying your identity;
- responding to, handling, and processing queries, requests, applications, complaints, and feedback from you;
- managing your relationship with us;
- processing payment or credit transactions;
- complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
- any other purposes for which you have provided the information;
- transmitting to any unaffiliated third parties including our third party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Singapore or abroad, for the aforementioned purposes; and
- any other incidental business purposes related to or in connection with the above.
We may disclose your personal data:
- where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods and services requested by you; or
- to third party service providers, agents and other organisations we have engaged to perform any of the functions with reference to the above mentioned purposes.
- The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to your employment contract should you be hired) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under a contract with you).
3. Withdrawing Your Consent
- The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop collecting, using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below.
- Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within ten (10) business days of receiving it.
- Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described in clause 8 above.
- Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.
4. Access To and Correction of Personal Data
- If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
- Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
- We will respond to your request as soon as reasonably possible. In general, our response will be within thirty (30) business days. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).
5. Protection of Personal Data
- To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as up-to-date antivirus protection, encryption, use of privacy filters, and disclosing personal data both internally and to our authorised third party service providers and agents only on a need-to-know basis.
- You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
6. Accuracy of Personal Data
- We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.
7. Retention of Personal Data
- We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.
- We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.
8. Transfers of Personal Data Outside of Singapore
- We generally do not transfer your personal data to countries outside of Singapore. However, if we do so, we will obtain your consent for the transfer to be made and we will take steps to ensure that your personal data continues to receive a standard of protection.
9. Data Protection Officer
You may contact our helpdesk and it will be escalated to our Data Protection Officer if you have any enquiries or feedback on our personal data protection policies and procedures, or if you wish to make any request, in the following manner:
Email Address: firstname.lastname@example.org
- You may contact our helpdesk and it will be escalated to our Data Protection Officer if you have any enquiries or feedback on our personal data protection policies and procedures, or if you wish to make any request, in the following manner:
10. Effect of Notice and Changes to Notice
- This Notice applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.
We may revise this Notice from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Notice was last updated. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.
Effective date: 01/04/2020
Last updated: 01/04/2020
Digital Payment Token Service Risk Disclosure
Hako Technology Pte Ltd have been granted an exemption from holding a licence to provide Digital Payment Token Service under the Payment Services Act ("PS Act") for the specific payment services for a specified period.
The Monetary Authority of Singapore (MAS) requires us to provide this risk warning to you as a customer of a digital payment token (DPT) service provider.
Before you pay your DPT service provider any money or DPT, you should be aware of the following:
- Your DPT service provider is exempted by MAS from holding a licence to provide DPT services. Please note that you may not be able to recover all the money or DPTs you paid to your DPT service provider if your DPT service provider's business fails.
- You should not transact in the DPT if you are not familiar with this DPT. Transacting in DPTs may not be suitable for you if you are not familiar with the technology that DPT services are provided.
- You should be aware that the value of DPTs may fluctuate greatly. You should buy DPTs only if you are prepared to accept the risk of losing all of the money you put into such tokens.
If you have any questions about this Policy, the practices of this site, or your dealings with this site, please contact us at:
14 Robinson Road #08-01A