A. General
This Site is operated by Sincronielevada – Unipessoal Lda 518153983 (the "Company"), of R Jose Avilez BL E 1 2 A, Cascais 2750-398, Portugal.
These terms and conditions ("Terms and Conditions") govern your ("You", "Your" or "Customer") use of the Services provided to You by the Company and Your use of the Site. These Terms and Conditions should be read carefully by You in their entirety prior to Your use of the Services and/or the Site. Please note that these Terms and Conditions constitute a legally binding agreement between You and the Company.
These Terms and Conditions incorporate the Company's privacy policy that applies to this Site (the "Privacy Policy"); by agreeing to these Terms and Conditions You confirm that You also accept and agree to the Privacy Policy (You can review the Privacy Policy at https://hive-pt.com/privacy-policy. The Privacy Policy is subject to the provisions of these Terms and Conditions; however, if there is any inconsistency between these Terms and Conditions and the Privacy Policy, the Privacy Policy shall prevail.
Paynetics provides payment processing services to Company for facilitating transactions in connection with the Challenges. This service is provided on a limited basis and does not constitute an ongoing commitment by Paynetics to process payments for any further stages.
B. Disclaimer
ANY TRADING THAT YOU PERFORM VIA THE SERVICES (INCLUDING, BUT NOT LIMITED TO, VIA THE CHALLENGES AND TRADING ACCOUNT) IS FICTITIOUS AND NOT REAL, AND NO ASSETS OF ANY KIND AND/OR FORM ARE PURCHASED ON YOUR BEHALF FOLLOWING SUCH TRADING ACTIVITIES. THE FUNDS PROVIDED TO YOU FOR THE PURPOSE OF TRADING VIA THE SERVICES (INCLUDING, BUT NOT LIMITED TO, IN CONNECTION WITH THE CHALLENGES AND VIA THE TRADING ACCOUNT) ARE VIRTUAL AND FICTITIOUS. YOU HAVE NO RIGHT TO ANY ASSETS PURCHASED VIA THE TRADING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, IN CONNECTION WITH THE CHALLENGES AND VIA THE TRADING ACCOUNT) AND/OR TO ANY FUNDS PROVIDED IN ACCORDANCE WITH THE SERVICES (INCLUDING, BUT NOT LIMITED TO, IN CONNECTION WITH THE CHALLENGES AND VIA THE TRADING ACCOUNT).
AS THE PROFIT IS GENERATED ON THE BASIS OF VIRTUAL AND FICTITIOUS TRADING ACTIVITIES, SUCH PROFIT IS NOT GENERATED IN REALITY. THEREFORE, ANY PAYMENT OF ANY PORTION OF THE PROFIT TO YOU IS FROM THE RESOURCES OF THE COMPANY AND/OR OF ANY ONE ON ITS BEHALF. ACCORDINGLY, THE COMPANY MAY BE ON THE OPPOSITE SIDE OF THE TRADE VIA THE TRADING ACCOUNT, IN THE SENSE THAT THE PROFITS FROM SUCH TRADE MAY CAUSE LOSSES TO THE COMPANY. BY USING THE SITE AND/OR SERVICES YOU ACKNOWLEDGE AND ACCEPT THAT YOU AND THE COMPANY MAY HAVE CONFLICTED INTERESTS IN THIS RESPECT.
WITHOUT DEROGATING FROM THE ABOVE, THE COMPANY MAY CHOOSE TO PURCHASE ASSETS AND/OR PERFORM TRADING ACTIVITIES IN ACCORDANCE WITH THE TRADING YOU PERFORM AND/OR OTHERWISE FOLLOW YOUR TRADING ACTIVITIES. NOTHING IN THIS SECTION DEROGATES FROM THE PROVISIONS OF SECTIONS 5, 6 AND 47.
WE DO NOT PROVIDE ANY INVESTMENT ADVICE AND/OR INVESTMENT SERVICES, NOR ANY GUIDANCE, INSTRUCTIONS OR INFORMATION ABOUT HOW OR IN WHICH MANNER YOU SHOULD PERFORM ANY INVESTMENT AND/OR TRADING ACTIVITIES. NONE OF THE SERVICES CONSTITUTE INVESTMENT ADVICE AND/OR INVESTMENT SERVICES.
NO PERSON ACTING ON OUR BEHALF IS AUTHORIZED TO PROVIDE INVESTMENT ADVICE AND/OR INVESTMENT SERVICES, AND WE DISCLAIM ANY LIABILITY AND WILL NOT BE RESPONSIBLE FOR ANY BREACH OF THIS PROHIBITION.
C. Definitions
In these Terms and Conditions, the following words and phrases shall have (unless the context otherwise requires) the meaning set out beside them:
"Challenge" means one of the challenges available at the Site.
"Credentials" means the username and password You receive from the Company after You register via the Site.
"Damages" means direct, indirect, special, incidental, consequential and punitive claims, liabilities, damages, losses, costs, expenses and legal fees; including, but not limited to, loss of revenue, profit, business and data.
"Demo Trading" means free trading available to You via the Site.
"Fee" means the fee You need to pay the Company in order to participate in a Challenge.
"Profit" means virtual profit generated from Your trades via Your Trading Account.
"Restricted Territories" means any jurisdiction in which the Site and/or Services are not available at the Company's sole and absolute discretion and any jurisdiction in which the use and/or offering of the Site and/or Services is prohibited and/or illegal.
"Rules" means the trading rules determined by the Company in respect of the Challenges and/or in respect of the Trading Account, at its sole and absolute discretion. For the avoidance of doubt, the Terms and Conditions include the Rules. The Company reserves the right to modify the Rules at any time, with or without notice.
"Services" means the products, services and activities offered at the Site, including, but not limited to, the Challenges and the Trading Account.
"Site" means any website, mobile site and/or mobile application via which the Services are offered and/or made available.
"Trading Account" means a trading account that is opened for a Customer that passes the required Challenge(s) and its / their Verification.
"Verification" means the verification of the results of a Challenge, as further detailed in Chapter K of these Terms and Conditions.
"We", "Our" or "Us" shall mean the Company as well as any of its subsidiaries, affiliates, employees, shareholders, owners, directors, officers, agents, suppliers, consultants and contractors.
D. Binding Effect
By using this Site, registering at the Site and/or using any of the Services, You agree to be bound by and act in accordance with these Terms and Conditions, as they may be updated from time to time, without any reservation on Your part.
The Company reserves the right to amend these Terms and Conditions at any time, at its sole and absolute discretion. The Company will notify You of any changes to these Terms and Conditions by posting the amended Terms and Conditions on the Site. If You do not wish to be bound by such amendment You must stop using the Site and Services prior to such amendment entering into force. If You continue to use the Site and/or Services, You shall be deemed to agree to such amendment and will be bound by it.
These Terms and Conditions supersede all prior agreements in relation to this subject matter and constitute the entire and whole agreement between You and the Company. You confirm that, in agreeing to accept these Terms and Conditions, You have not relied on any representation by Us.
E. Who is Entitled to Participate
You may use the Site and/or Services only if You are at least 18 years old or the legal age for using the Site and Services in the applicable jurisdiction, whichever is higher.
You may use the Site and/or Services only if You do not violate any law or regulation as a result of using the Site and/or Services. In this context, You agree that if You reside or are present in any jurisdiction that prohibits using the Site and/or Services (including without limitation in any of the Restricted Territories) You shall not use the Site and/or Services.
The Site and Services are intended only for Customers who are not prohibited by the law of any applicable jurisdiction from using the Site and/or Services. The Company does not intend to enable You to contravene applicable law. You represent, warrant and agree to ensure that Your use of the Site and Services will comply with all applicable laws. The offering or availability of the Site and/or Services shall not be deemed or interpreted as an offer or invitation by Us to use the Site and/or Services, if You reside and/or present in a place in which such use is currently forbidden by law (including without limitation the Restricted Territories), or where the Company, at its sole and absolute discretion, elects not to offer the use of the Site and/or Services. You shall be solely responsible for determining whether Your use of the Site and/or Services is legal under applicable law. We make no representations or warranties, express or implied, concerning the legality of the Site and/or Services and/or of any person's use of the Site and/or Services, and shall not be responsible for any illegal use of the Site and/or Services by You. It is Your responsibility to ensure that You comply with any and all laws applicable to You before using the Site and/or Services. You should consult with legal counsel in the applicable jurisdiction about the legality of Your use of the Site and/or Services.
You may not use the Site and/or Services if You are subject to any international sanctions and/or if You are a politically exposed person (PEP).
F. Representations, Warranties and Commitments
You hereby represent, warrant, acknowledge and undertake that:
the information and documentation You provide to the Company are true and correct, and that You will inform Us of any change to such information and documentation immediately upon any change thereto;You will cooperate with the Company and provide it with all requested information and documentation at any point in time in a full, complete and truthful manner;
You will cooperate with the Company and provide it with all requested information and documentation at any point in time in a full, complete and truthful manner;
You are of sound mind and You are capable of taking responsibility for Your own actions;
it is Your responsibility to read and understand the Services and these Terms and Conditions and You confirm that You will not participate in any part of the Services prior to fully understanding them and these Terms and Conditions;
You have verified and determined that Your use of the Site and Services does not violate any applicable laws;
You will use the Site and Services in good faith towards the Company and others using the Site and/or Services;
You shall be solely responsible for maintaining the confidentiality of Your Credentials and for any and all actions and transactions taken in connection with Your Credentials, whether by You or by any third party, and all such actions and transactions shall be deemed as actions and transactions performed by You, including, but not limited to, in connection with any Challenge and/or Trading Account;
without derogating from the above, You will immediately inform the Company of any suspected unauthorized use of Your Credentials;
Your Credentials and Trading Account are solely for Your personal use and You may not allow any third party use Your Credentials and/or Trading Account;
You may not use the Credentials and/or Trading Account of any other Customer;
You may not assist any other Customer with his / her Challenge and/or Trading Account and no Customer may assist You with any of Your Challenges and/or Trading Account;
the funds You use to pay any Fee are not tainted with any illegality and, in particular, do not originate from any illegal activity or source;
the means of payment (e.g. credit and debit card, e-wallet, etc.) You use in connection with the payment of the Fee are owned by You and in Your name (or that the owner of the means of payment provided You with all required consent to use that means of payment for paying the Fee, and You are acting within the confines of that consent) and was not stolen or lost;
We are not obligated in any form or manner to validate the consent granted to You by the owner of the means of payment which You use to pay the Fee;
You shall not make any charge backs and/or deny or reverse any payment made by You in connection with the Services, and You shall reimburse Us for any Damages We incur as a result of any such action, and in any event, You will promptly pay any and all of Your debts to Us;
You have not had any Credentials, participation in a Challenge and/or Trading Account in the past which were suspended and/or revoked by the Company;
You shall indemnify Us and hold Us harmless, from and against any and all Damages arising out of or in connection with any breach of these Terms and Conditions by You, and any other Damages arising out of Your use of the Site and/or Services or any unauthorized use of the Site and/or Services by any third party; and
You shall indemnify Us and hold Us harmless, from and against any and all Damages arising out of or in connection with any breach of these Terms and Conditions by You, and any other Damages arising out of Your use of the Site and/or Services or any unauthorized use of the Site and/or Services by any third party; and
You further represent, warrant, acknowledge and undertake that
You will not use Your Credentials, and will not allow any third party to use Your Credentials, for any Prohibited Action;In case You will perform any Prohibited Action, the Company shall be entitled to disclose any and all of Your details and information to the relevant authorities, and to suspend and/or revoke Your Credentials, Your Trading Account and/or Your participation in any Challenge without paying You any payment due under the Trading Account and/or returning any Fee to You; and
in case You will perform any Prohibited Action, the Company shall be entitled to disclose any and all of Your details and information to the relevant authorities, and to suspend and/or revoke Your Credentials, Your Trading Account and/or Your participation in any Challenge without paying You any payment due under the Trading Account and/or returning any Fee to You; and
You shall be solely responsible for all Damages incurred as a result of any Prohibited Action performed by You and You shall indemnify Us for any such Damages;
Any breach of any provision of these Terms and Conditions (including, for the avoidance of doubt, any breach of any representation), will entitle the Company to cancel any trading performed by You, suspend, revoke and/or terminate Your Credentials, Your Trading Account and/or participation in any Challenge, in which case the Company shall not refund any Fee to You, will seize and confiscate any payment due to You in connection with Your Trading Account and shall not make any further payment to You.
G. Registration
Anyone interested in participating in a Challenge is required to register at the Site and provide the required information and documentation, including, but not limited to, an identification document, utility bills etc.; following a successful registration, You will receive Your Credentials.
The Company may at its own discretion, with or without cause, and without having to provide justification, refuse to register any person.
H. Request to Participate in a Challenge
In order to participate in a Challenge, You will have to complete the registration, receive the Credentials and pay the Fee applicable to that Challenge. The Fee represents the costs and expenses incurred by Us in connection with the development of the Challenge, its operation and maintenance, and will be determined according to various attributes and characteristics of, inter alia, the Challenge You wish to participate in.
All commissions, fees and/or charges associated with the payment of the Fee are Your liability, and You will be allowed to participate in a Challenge only if the Company receives the Fee in full.
After the payment of the Fee, You will be authorized by the Company to participate in the Challenge You wish to participate in according to these Terms and Conditions (including, but not limited to, the Rules).
The Fee is non-refundable under any circumstances. The only exception under which You will be entitled to receive a refund of a Fee paid for a Challenge is if You send an email to Support@hive-pt.com within 48 hours of being authorized by the Company to participate in the Challenge, seeking to terminate the Challenge, and provided that You did not make any trading activity (which, for the avoidance of doubt, includes any buying and/or selling activity performed via Your Credentials) prior to receiving a refund for the Fee. A refund of a Fee shall be subject to deduction of applicable fees, commissions and charges.
If You make any charge backs, deny and/or reverse any payment made by You in connection with the Services, the Company shall be entitled to suspend, revoke and/or terminate Your Credentials, Your Trading Account and/or participation in any Challenge, in which case the Company shall not refund any Fee to You, will seize and confiscate any payment due to You in connection with Your Trading Account and shall not make any further payment to You.
The Company may limit the number of open Challenges in which You participate.
The Fee shall be returned to You together with the first distribution of profit You are entitled to receive from Your Trading Account, to the extent You will hold a Trading Account and are entitled to receive a distribution of profit.
You must commence trading in respect of a Challenge within 30 (thirty) from being authorized to participate in that Challenge (which is always subject to payment of the Fee). Failure to do so shall cause the revocation of Your right to participate in the Challenge without being entitled to receive back the Fee.
The Company may at any time and at its sole and absolute discretion (a) change any rules relating to any Challenge, including, but not limited to, in respect of the determination of whether the Challenge was successful, and/or (b) terminate and/or cease to offer any Challenge.
I. Prohibited Actions
Without derogating from any other provision of these Terms and Conditions, if the Company determines, at its sole and absolute discretion, that You performed any Prohibited Action in respect of and/or in connection with the Services, or attempted to do so, or allowed any third party to use Your Credentials and/or Trading Account for any Prohibited Action, then the Company may cancel any trading performed by You, suspend, revoke and/or terminate Your Credentials, Your Trading Account and/or participation in any Challenge, in which case the Company shall not refund any Fee to You, will seize and confiscate any payment due to You in connection with Your Trading Account and shall not make any further payment to You.
"Prohibited Action" means illegal, unlawful, fraudulent, and/or other improper activities – including, but not limited to:
collusion and/or cooperation with other Customers;The use of devices and/or software, including, but not limited to, robots, artificial intelligence, high speed data feed and/or other automated means;
the use of devices and/or software, including, but not limited to, robots, artificial intelligence, high speed data feed and/or other automated means;
sale, transfer and/or acquiring Credentials and/or Trading Accounts from other Customers;
inconsistent trading activity/ies;Opening substantially larger or smaller position sizes compared to Your other trades;
placing more than 15% of Your balance on a single underlying asset (alone or together with other assets);
opening substantially larger or smaller position sizes compared to Your other trades;
opening substantially higher or lower number of positions compared to Your other trades;
circumventing geographical restrictions of availability or any other technical restrictions
breaking into the Site;
reverse-engineering, decompiling, disassembling or otherwise modifying the Site and/or Services;
intentionally disconnecting from the Site while using the Services;
breaking into, accessing and/or circumventing the Company's systems;
using any tools and/or trading strategies that may adversely affect the operation of the Site and/or Services or that are intended to take advantage of errors, bugs, malfunctions and/or other deficiencies of the Site and/or Services;
using more than one set of Credentials and/or Trading Accounts – alone or together with others;
influencing an underlying asset;
abusing and/or manipulating in order to gain advantage to the detriment of other Customer(s) and/or the Company;
taking any advantage of any bug, error and/or malfunction in any system used for the purpose of a Challenge and/or the operation of the Trading Account;
breaching these Terms and Conditions;
performing any action that might cause any harm and/or damage to the Company and/or any other Customer; or
acting in bad faith towards the Company and/or any other Customer.
J. Rules
The use of the Credentials, participation in a Challenge and/or trade via the Trading Account is subject to various limitations as further set out at the Site. These include, inter alia, limitations in respect of drawdowns, max losses, max profits, number of positions / transactions, equity, leverage and/or balance.
Your trading activities in any Challenge and/or Your Trading Account must be consistent, objective, quantifiable, and verifiable. The Company shall employ risk management tools and may intervene in trading activities You perform during the Challenges and/or when using Your Trading Account.
On top of additional Rules available at the Site and/or by Us, the following are also part of the Rules:
You are prohibited from risking more than 30% of Your balance which is available via a Challenge or Your Trading Account in a single trading day (GMT).Traders are not permitted to profit more than 30% of their total capital in a single trading day. This rule is implemented to ensure sustainable trading practices and prevent excessive risk-taking.
Your profit (combined with Your Profit) in a single trading day (GMT) is limited to 30% of Your balance which is available via a Challenge or Your Trading Account.
To successfully complete a Challenge, You must execute multiple different trades. A single trade, regardless of its profitability, is not sufficient to pass a Challenge.
You are required to execute both short (selling) and long (buying) positions during a Challenge.
K. Verification
Upon a successful completion of a Challenge, the Company shall examine whether to verify such successful completion and whether to confirm that You have complied with and did not breach these Terms and Conditions (including, but not limited to, the Rules) and that You have not performed any Prohibited Action.
Each Challenge is evaluated separately and the Verification of each Challenge is handled independently of each other Challenge.
Subject to the completion of the Verification according to Section 37, the Company shall require You to provide additional information and documentation in order to open the Trading Account.
The Verification, the results of Your Challenge, the information and documentation as requested by the Company as well as the Company's policies shall determine the scope of Your Trading Account, the virtual funds provided to You under such Trading Account as well as the Rules which will apply to it.
The Company is authorized, at any point in time, including after completion of the Verification, including after providing You with a Trading Account, to require from You additional information and documentation. Failure to provide such information and documentation in a timely manner, and/or if the Company is not satisfied with such information and documentation, shall entitle the Company to revoke the Verification, change the attributes of Your Trading Account and/or suspend, revoke and/or terminate Your Trading Account, in which case the Company shall seize and confiscate any payment due to You in connection with Your Trading Account and shall not make any further payment to You.
L. Trading Account
You are only allowed to have one Trading Account at the Site. If (a) You have more than one Trading Account at the Site, or (b) anyone of Your immediate family and/or household opens another Trading Account at the Site, then the Company may suspend, revoke and/or terminate all such Trading Accounts, in which case the Company shall seize and confiscate any payment due in connection with such Trading Accounts and shall not make any further payment to any person in connection with such Trading Accounts. The Company will not be responsible in any way to prevent the registration and/or opening of Trading Accounts in contravention of this Section and nothing in the registration and/or opening of Trading Accounts in contravention of this Section should be interpreted as acknowledgement and/or agreement to such and/or waiver by the Company in respect of its rights under these Terms and Conditions.
You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax, charge or other levy that may be payable due to Your use of the Site (including, but not limited to, any payment due to You from the Trading Account).
The Company may at its sole and absolute discretion, suspend, revoke Your Trading Account if You breach any provision of these Terms and Conditions, as and/or terminate Your Trading Account in which case the Company shall seize and confiscate any payment due to You in connection with Your Trading Account and shall not make any further payment to You in connection with Your Trading Account.
Demo Trading is not taken into account for the purpose of, nor is it a part of, any Challenge and/or Trading Account. Its sole purpose is to allow You to get acquainted with trading.
If You perform any trade that the outcome of which is already known at the time of performing the trade, then such trade is invalid and does not entitle You to receive anything in return.
You acknowledge and agree that the Company has access to information about the trades that You perform via the Challenges and/or Your Trading Account. You hereby grant the Company Your consent to view such information and/or share this information with third parties, and You hereby grant the Company and any third party Your consent and authorization to handle this information at their own will, including, but not limited to, using such information to perform trades in real world markets, whether such trades are identical, similar and/or opposite to Your trades. You agree that these activities may be performed automatically without any further consent, consultation and/or approval on Your part being necessary, and that You are not entitled to any remuneration or revenue of any kind and/or form associated with the use of the data by the Company and/or any third party.
You will be provided with the Trading Account only after You execute a trader agreement between You and the Company. Notwithstanding anything to the contrary in these Terms and Conditions, If You do not execute the trader agreement, You will not be allowed to use a Trading Account.
The results of any trade are confirmed by the Company in accordance with the sources of information it uses; in an event of a conflict between any sources of information, the Company shall determine the result of the trade at its sole and absolute discretion.
Subject to Your non-contravention of these Terms and Conditions, You shall be entitled to 80% to 90% of the Profit, depending on the attributes and characteristics of Your Trading Account and the rules that apply to it.
In order to receive the Profit or any part thereof, You need to request a payment of such Profit or any part thereof. The Company strives to perform the payment within 14 days of request, although this depends on the manner in which You wish to receive the payment. The Company also offers a fast payout option, which You may purchase when You pay the Fee. The payment of the Profit is subject to any withholding requirement, as well to deduction of any fees, commissions and charges.
Payment of Profit is capped at USD 3,000 per day. In extraordinary circumstances, the Company reserves the right to limit excessive and/or suspicious payment requests. In addition, the Company may review the Profit at any time in order to ensure these Terms and Conditions were not breached.
In cases of extraordinary payout requests, the Company reserves the right to distribute the payout to the trader in installments. Simultaneously, the Company may review the trader's relationship with the Company in accordance with their agreement. This provision allows the Company to manage large payouts while ensuring the sustainability of its operations.
M. Powers and Authorities of the Company
The Company shall make commercially reasonable efforts to prevent any malfunctioning in the Site's activity and the Services. However, in any event of a technical failure (or any other error) in the Site and/or Services for any reason whatsoever, the Company will be entitled to cancel any trade performed by You and/or Your successful completion of any Challenge.
The Company is entitled to amend any errors in respect of a Challenge and/or Your Trading Account.
The Company shall be entitled, at its sole and absolute discretion, to amend, modify, cancel, terminate, suspend and/or discontinue any of the Services and/or the Site, as well as introduce new Services. We shall not be liable for any loss suffered by You resulting from any act taken by the Company in accordance with this Section and You shall have no claims against Us in such regard.
N. Reservations concerning Our Responsibility
We shall not be held responsible, in any form or manner, in connection with and/or as a result of, any act and/or use of any power and/or authority as provided to Us in these Terms and Conditions, and/or in connection with any Damages of any form or kind suffered by You as a result, and You shall not be entitled to any Damages. You hereby waive any and all claims You may have in this respect.
We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of data or information and any direct or indirect loss which arises from these occurrences. We are not responsible for any problems or technical malfunction of any network or lines, Wi-Fi, Bluetooth, computers, systems, servers or providers, computer equipment, software or email on account of technical problems or traffic congestion on the internet or at any web site, mobile site or mobile application. We are not responsible or liable to You in the event of systems or communications errors, bugs or viruses relating to the Services or which will result in damage to Your hardware and/or software and/or data.
In no event shall We be liable to You for any Damages incurred by You and/or any third party, whether in an action for contract, tort and/or any other legal theory, arising from the access to, and/or use of, the Site and/or Services.
We make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products and Services contained and/or offered at the Site for any purpose. All information, software, products and Services are provided "as is" without warranty of any kind. We hereby disclaim all warranties with respect to information, software, products and Services contained or offered at the Site, whether express or implied.
We shall have no liability with respect to any Damages that are caused due to reliance, of any type, on the information or any other publication or content appearing at the Site and/or Services, and You are invited to verify the information appearing at the Site and/or Services. You agree that any reliance by You on any such information or any other publication or content is solely at Your own risk.
We shall have no liability with respect to any Damages that are caused due to reliance, of any type, on any materials provided by Us, including, but not limited to, market analysis, e-books, webinars, guidance, instructions, presentations and reviews; these are provided for Your benefit, but any reliance on these materials is at Your own risk and You are invited to verify the information included in these materials.
We shall have no liability with respect to any Damages that were caused due to any actions of any third party, including, but not limited to, any other Customer.
We shall not be responsible or liable for any actions or omissions of internet service providers or any other third party which provides You with access to the Site and/or Services.
You will use the Site and Services at Your own risk. Without derogating from the above, We shall not be responsible for any Damages You shall incur as a result of modifications, enhancement, termination, suspension or discontinuation of the Site and/or the Services.
We will not be responsible for any Damages You shall incur as a result of Your use of or reliance on any website, mobile site and/or mobile application to which links appear on the Site and/or Services, and/or any content appearing in such website, mobile site and/or mobile application. We will not be responsible for any third party content appearing at the Site and/or Services.
You acknowledge that the Services may not be constantly available due to, inter alia, maintenance, updates, upgrades and fixes. You shall not be entitled to any Damages as a result of such unavailability, regardless of its scope and/or length.
The Site and Services are provided "as is", and We make no warranty or representation, whether express or implied, whether by law, statute, or otherwise, including but not limited to implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, completeness or accuracy, non-infringement of third parties' rights or of applicable laws and regulation in respect of the Site and/or Services, or that the Site and/or Services will be uninterrupted, timely, secure or error-free, or that defects will be corrected, or will be free of viruses or bugs. We shall not be liable for any Damages caused as a result of any error, bug, mistake, malfunction, defect or otherwise in connection with the Site and/or Services.
Notwithstanding anything to the contrary in these Terms and Conditions, Our total and aggregate liability toward You, whether in an action based on contract, tort, warranty or any other legal theory, shall not exceed the Fee paid for the last Challenge You participated / participated in.
O. Indemnification
You will indemnify and hold Us harmless against all Damages, whether actual or contingent, which We may suffer or incur as a result of any breach by You, directly or indirectly, of any provision of these Terms and Conditions, including, but not limited to, any obligations and/or warranties under these Terms and Conditions.
P. Intellectual Property
All the rights, including but not limited to, all intellectual property concerning the Site, all of its content (including, but not limited to, programs, files, video, audio, pictures, graphics, pictures, text and software) and Services (collectively the "Rights"), are and shall remain the sole and exclusive property of the Company and/or any of its licensors. You may not use any of the Rights without the express prior written approval of the Company, except pursuant to these Terms and Conditions, and You shall not, by using the Services or otherwise, acquire any rights in and/or to any of the Rights. Without derogating from the above, You are strictly prohibited from: (i) copying. redistributing, publishing, reverse engineering, decompiling, disassembling, modifying, translating or making any attempt to access the source code of the Site and/or Services, (ii) creating derivate works of the source code; (iii) selling, assigning, licensing, sublicensing, transferring, distributing the Services, and/or (iv) making the Site and/or Services available to any third party.
Any feedback and/or suggestions You provide to Us are entirely voluntary and We will be free to use any such feedback and/or suggestions as We see fit and without any obligation to You (including, but not limited to, any requirement to make any payment to You).
Q. Customer Support
You may contact the Company in connection with anything related to the Site and/or Services at any time via Our customer support, which is available at Support@hive-pt.com
The Company will not tolerate any abusive behavior exhibited by You towards the Company's representatives. In the event that the Company, at its sole and absolute discretion, deems that Your behavior has been abusive or derogatory towards any of the Company's representatives, the Company may, at its sole and absolute discretion, suspend, revoke and/or terminate Your Credentials, Your Trading Account and/or participation in any Challenge, in which case the Company shall not refund any Fee to You, will seize and confiscate any payment due to You in connection with Your Trading Account and shall not make any further payment to You.
R. Miscellaneous
These Terms and Conditions and the relationship between You and Us shall be governed by, and construed and interpreted in accordance with, the laws of Portugal, and You irrevocably submit to the exclusive jurisdiction of the competent courts of Portugal, with respect to any dispute regarding the validity, breach, interpretation, performance or otherwise arising out of or in connection with these Terms and Conditions and the relationship between You and Us, except in connection with the enforcement of any decisions and/or judgments of the courts of Portugal, in which case their jurisdiction shall be non-exclusive.
The Company may transfer or assign any and all of its rights and obligations hereunder to any third party; without derogating from the above, the Site and/or any of the Services may be operated by third parties. You may not transfer, assign or pledge in any manner whatsoever any of Your rights and/or obligations under these Terms and Conditions.
Nothing in these Terms and Conditions shall: (i) create any agency, arrangement, trust or fiduciary relationships or any similar relationship between You and Us; (ii) create or confer any rights or benefits to any third party, and/or (iii) grant You any security interest in any asset of the Company.
We may provide You with notices with respect to or in connection with these Terms and Conditions in an e-mail and/or via the Site, and such notice shall be deemed received by You within 24 hours from the time it is sent to You in the aforesaid manner.
No failure and/or delay on Our part in exercising any right, power, authority or remedy thereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power. authority or remedy.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from these Terms and Conditions and the remainder of these Terms and Conditions shall be interpreted as if such provision was so excluded; provided, however, that in such event these Terms and Conditions shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision.
These Terms and Conditions have been drafted in the English language. In the event of any discrepancy between the meaning of any translated versions of these Terms and Conditions and the English language version, the meaning of the English language version shall prevail.
Version 1.03 – 03.09.2024 — Valid until further notice