Terms & Conditions
The following terms and conditions govern the relationship between you (referred to as "Publisher") and the Horka network (referred to as "Horka"), as well as the use of any website associated with the Horka network's services (referred to as the "Site"). By using the Site and any additional services provided by the Horka network, you agree to comply with these terms and conditions. Horka Network reserves the right to modify the Site and these terms and conditions at any time. Your continued use of the Site following any such modifications and notifications (which may be provided via email to the email address you provided during registration with Horka network) signifies your consent to such changes.
These terms and conditions constitute a legally binding agreement between you and the Company. By using or accessing the Services, or by clicking to accept or agree to these terms and conditions where applicable, you confirm your eligibility to use the Services and acknowledge that you have read, understood, and accepted these terms and conditions.
You are permitted to use the Services only if you are eligible according to the laws of your residence and/or domicile. The Company is not obligated to verify your eligibility to use the Service and bears no responsibility for any unauthorized use of the Service by you.
3. Company Responsibilities and Obligations
The Company will conduct its marketing activities to the best of its abilities. The Company adheres to Best Practices to ensure that its sites do not and will not contain any discriminatory, abusive, libelous, or inappropriate material.
4.1 The Company does not exercise control over the prices or exchange rates of third parties and does not provide any guarantee or assurance in this regard. The Company does not act as a counterparty to any transactions.
4.2 Any disputes that the client has regarding a transaction should be resolved directly with the relevant third party, without involving the Company.
4.3 The Company does not regulate the services provided by third parties and has no ability to influence the process of providing these services or their outcomes.
By using the services of third parties, the client agrees to release, indemnify, defend, and hold harmless the Company, its parents, subsidiaries, affiliates, and agencies, as well as their officers, directors, employees, shareholders, and representatives, from any and all losses, liabilities, expenses, damages, costs (including attorneys' fees and court costs), claims, or actions of any kind whatsoever arising from the client's use of the services of third parties and the client's violation of these Terms and Conditions. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the client. In such cases, the client agrees to cooperate with the Company in the defense of such matter.
6. Third-Party Websites and Content
The Platform may contain links to websites owned or operated by third parties. These links are provided for the client's convenience only.
The Company does not monitor or control external resources and is not responsible for their content. The inclusion of these links does not imply endorsement of the material or any sponsorship, affiliation, or association with the linked website's owner, operator, or sponsor, unless expressly stated otherwise. The Company does not control or monitor third-party content for compliance with any requirements (e.g., truthfulness, integrity, legality). Consequently, the Company assumes no liability for any issues arising from the client's access to or use of third-party content.
7. Risk warning
By accepting these Terms and Conditions, the client acknowledges being informed of the following risks:
7.1 Emerging Technology: The services provided by the Company involve new and untested technologies beyond the Company's control. Adverse changes in market forces or the technology itself may result in temporary interruptions or permanent termination of access to the Software and Services under this Agreement.
7.2 Unfavorable Regulatory Environment: The Company's platform has been subject to scrutiny by regulatory bodies worldwide. The platform's functionality could be affected by regulatory inquiries or actions, including potential restrictions on the use of cryptocurrencies.
7.3 Risk of Theft and Hacking: Unauthorized individuals or organizations may attempt to steal data and passwords through various means.
7.4 Platform Security Weaknesses: There is a risk that the Platform may unintentionally contain weaknesses or bugs in its source code.
7.5 Internet Transmission Risks: The client acknowledges that using the platform and Services entails risks, including hardware or software failures, as well as internet connection issues. The Company shall not be held responsible for any communication failures, disruptions, errors, distortions, or delays experienced by the client while using the Software and Services, regardless of the cause.
8. Warranties and Representations
By agreeing to these Terms and Conditions, the client represents and warrants that:
8.1 The client has the full legal capacity to enter into a contract under applicable law.
8.2 The client will only engage in transactions through the Platform using lawfully obtained funds belonging to the client.
8.3 The client will not participate in or facilitate any unlawful activities through their relationship with the Company or their use of the Software.
8.4 The client will not use the platform for illegal purposes, including money laundering, planning or committing crimes, financing terrorism, or engaging in illegal trade.
8.5 The client will not use the platform in any manner that could damage, disable, overburden, or impair the Company.
8.6 The client will comply with all applicable laws, including securities and capital market legislation, anti-money laundering and counterfeiting terrorism laws, consumer protection laws, and financial promotion regulations.
9. Disclaimers; Limitation of Liability; Indemnification
9.1 The Platform is provided on an "as is" basis and is currently in the development phase. The Company cannot guarantee the availability of all program functions in the future or that the program's functionality will remain unchanged.
9.2 The Company and its affiliates do not make any representations or warranties of any kind, whether express, implied, statutory, or otherwise, regarding the Platform. This includes any warranty that the Platform will be uninterrupted, error-free, free of harmful components, secure, or protected against loss or damage.
9.3 To the maximum extent permitted by law, the Company and its affiliates expressly disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment. They also disclaim any warranties arising out of any course of dealings, usage, or trade.
9.4 The Company shall not have any liability or responsibility for any errors or omissions in the performance of the Platform, the client's actions or inactions in connection with the Software, or any damage to the client's computer, data, funds, or any other losses incurred in connection with the Software.
9.5 Client's use of the Platform is at their own risk. Under no circumstances shall the Company be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the Software, the delay or inability to use the Software, or any other issues arising in connection with the Software, whether based on contract, tort, strict liability, or otherwise, even if advised of the possibility of such damages.
9.6 Client agrees to defend, indemnify, and hold the Company harmless from any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to the client's use of the Platform and Services.
9.7 The Company makes no representation that the Services are applicable or appropriate for use in all jurisdictions.
The Company assumes no responsibility for determining the tax implications of the client's transactions or for the collection, reporting, or remittance of any taxes arising from such transactions. It is strongly recommended that the client consults with an independent tax professional to understand and fulfill their tax obligations within their specific jurisdiction.
The client may not transfer or assign these Terms and Conditions, or any rights or obligations derived from them, without obtaining prior written consent from the Company. However, the Company reserves the unrestricted right to assign or transfer these Terms and Conditions, including all associated rights and obligations, to any third party without prior notice or consent. In the event that the client objects to such assignment or transfer, they have the option to discontinue using the Platform and terminate these Terms and Conditions by notifying the Company accordingly.
12. Jurisdiction and Applicable Law
These Terms and Conditions, as well as any legal relationships arising from or related to them, shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflicts of law principles. The parties agree that any disputes arising from or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
13. Dispute Resolution
The parties commit to making good-faith efforts to settle any disputes, disagreements, or claims arising from the execution, termination, or rescission of these terms and conditions through amicable negotiations. If an amicable resolution cannot be reached, any dispute arising from or relating to this contract, including questions regarding its validity, existence, or termination, shall be referred to and finally resolved through binding arbitration in accordance with the rules and procedures of the London Court of International Arbitration (LCIA). The arbitration proceedings shall be conducted with three arbitrators and held in London, United Kingdom. The language of the arbitration shall be English, and the arbitration decision shall be final and binding upon the parties.
14. Right to Refuse or Exclude Applicants and Accounts
The Company reserves the right to reject or exclude any applicant or customer at any time if it deems necessary to comply with its policies or protect its best interests. In such cases, the Company may close the customer's account and take any other legal measures deemed necessary to safeguard its interests.
15. Confidentiality and Protection of Confidential Information
The user agrees not to use any confidential information for personal or commercial purposes or disclose such information to any person or third party, directly or indirectly, without prior written consent from the Company. The user shall only utilize confidential information for fulfilling the obligations stated in this Agreement.
16. Modifications to These Terms and Conditions
The Company retains the right, at its sole discretion, to modify, delete, or add provisions to this Agreement without the obligation to provide prior written notice. In the event that a written notice is deemed necessary, it will be sent to the registered email address. The Company reserves the right to freeze an account and/or reduce the account balance if the user's traffic is generated through fraudulent means or violates the terms and conditions. The user acknowledges and agrees that creating or making amendments to the creative media provided by the Company without prior written consent constitutes a breach of the terms and conditions.
All communications and documents pertaining to these Terms and Conditions must be conducted in the English language.
These Terms and Conditions constitute the entire agreement between the Parties, superseding any previous agreements relating to the subject matter herein.
If any provision of these terms and conditions becomes illegal, invalid, or unenforceable in any jurisdiction, it shall not affect the legality, validity, or enforceability of the remaining provisions under any other jurisdiction.
Headings included in this Agreement are for convenience purposes only and shall not be considered when interpreting the terms and conditions. The use of singular words also encompasses the plural and vice versa.