This Agreement (the “Agreement”) sets forth the specific terms and conditions which shall govern my use of the services of Hedger Mining (the “Company”). By using the website, I agree as follows:
- 1.1 Unless the context otherwise requires, the following terms when used in this Agreement shall have the meaning indicated below:
“Investment Services" means any service, financial or otherwise, electronically provided by the Company through the use of the website.
"Password" means the code created by the authorized user and is used in conjunction with the User ID to allow access to the website.
"Intellectual Property Rights" means any (i) names, logos, registered and unregistered trademarks, and service marks, (ii) patents and patent applications, (iii) business methods, inventions, and discoveries that may be patentable, (iv) software and computer code, and (v) copyrights in both published works and unpublished works. Intellectual Property Rights shall include all Intellectual Property Rights registered under the Company’s name, duly licensed to the Company by an affiliate or subsidiary of the Company or by a third party.
"User ID or E-mail“ means a string of characters composed of letters and numbers nominated by the authorized user which serves as his unique identification.
- 1.2 Headings used in this Agreement and the Annexes are for convenience and reference only and shall not affect the meaning or interpretation of this Agreement. Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa, and words denoting persons shall include individuals, corporations, partnerships, joint ventures, trusts, unincorporated organizations and any political subdivision, agency or instrumentality. Any reference to a law or statute shall be construed as a reference to such law or statute as the same may have been, or may from time to time be, amended, substituted or re-enacted.
2. ACCESS TO HEDGER MINING WEBSITE
- 2.1 The Company shall provide me with instructions on how to use the Website. I can access any of my enrolled/nominated accounts with the use of internet enabled device, approved browser and my User ID and Password.
- 2.2 Hedger Mining Website is designed to be accessible seven (7) days a week, twenty four (24) hours a day. However, at certain times, some or all of Hedger Mining Website may not be available due to system maintenance or system downtime. System downtime for maintenance could occur as early as 5:00 AM (Philippine Standard time) on any day.
- For purposes of dating my transactions, I understand that there can be system delays before transactions has been implemented. All transactions done before the designated cut-off will be posted to my account on the same day. Transactions after cut-off on a business day or completed on a Saturday, Sunday or holiday will be posted on the next day or as soon as possible.
- 2.3 I further agree that should I nominate any of my accounts as a nominated payment account, the Company, at its option, may automatically enroll all my other accounts which may be linked with my nominated source accounts without the need for any further authorization or consent on my part.
- 2.4 I also agree that by enrolling in Hedger Mining’s Website, other products under my name such as, but not limited to, HDR and Mining investments may be automatically viewable. The Company, however, reserves the right, at its discretion, to require my enrollment in select products, services and facilities as it may deem fit and appropriate.
3. SECURITY PASSWORD USAGE
- 3.1 I agree not to let anyone know of my Password.
- 3.2 I agree to assume full responsibility for all transactions made in my accounts through the use of my User ID a nd Password. It is understood that the Password is known only to me and as such, any transaction effected using my Password shall be conclusively presumed to be done by me or authorized by me.
- 3.3 I further agree and undertake to change my Password from time to time as I deem necessary. Should I feel that my Password has been compromised, I shall immediately change my Password through Hedger Mining Change Password facility.
- 3.4 I agree that the Company, at its sole discretion, is entitled to act on the instructions received via Hedger Mining Website which the Company reasonably believes emanated from me by the use of my User ID and Password. I further agree that the Company shall not be liable for acting in accordance with or based on the Hedger Mining Website requests and/or instructions made through my Hedger Mining account, which it believes emanated from me.
4. HEDGER MINING WEBSITE SERVICES
I understand that the following are some of the services available in Hedger Mining Accounts:
4.1 ACCOUNT BALANCE INQUIRY- I can access the available balance or the withdrawable balance of each of my account as of the date and time of my inquiry and the total balance as of previous day.
4.2 ACCOUNT DETAILS ACCESS
- I can access referrals occurring within the timeline of my account’s existence. I may, however, request for a copy of the list of referrals, commissions, or account details for transactions that occurred prior at a given time requested. This statement shall be sent to the mailing address specified in my User ID or E-mail for the particular account.
4.3 FUNDS TRANSFERS
- I can only transfer funds from my own wallet to valid accounts as follows:
- i. Accounts under my name that are viewable in My Hedger Mining Account;
- ii. Pre-registered accounts under another name; or
- iii. Any account provided I have enabled.
The amount of funds transfer shall be deducted from the source account that I specify and will be added to a wallet. I may choose to transfer funds real time or on a scheduled basis.
The Company may impose a limit on the amount of funds and the number of times that I can transfer within a certain period. The Company may likewise collect fees from certain fund transfer transactions.
- 4.3.1 Real time and scheduled funds transfers can originate from my Hedger Mining accounts.
- 4.3.2 For real time funds transfer, I shall manually trigger real time fund transfers on the transfer date, while for scheduled fund transfers, this shall automatically transfer on the scheduled date.
- 4.3.3 Completed real time funds transfers are reflected immediately in the withdrawable balance of my accounts.
However, the transactions will appear in the account details screen on -
- 184.108.40.206 the Next business day, if my real time fund transfer is received by the Hedger Mining wallet before system downtime.
- 4.3.4 The starting date of scheduled fund transfer should be later than the current date. Scheduled fund transfer cannot start on the date of request. If the transfer must be done on date of request, then I have to perform a real time fund transfer and set scheduled fund transfer for future transfers. Such funds shall be deducted from my "transfer from" account and transferred to the "transfer to" account on the scheduled transfer date.
- 4.3.5 For scheduled fund transfer, I can select one of the following frequencies of automated transfer: daily transfer, weekly, monthly, quarterly, bi-annual or annual transfers. When the requested transfer date falls on a week-end or holiday, the transfer date will be one (1) day before such week-end or holiday.
- 4.3.6 Only cleared and withdrawable balances of my nominated accounts shall be considered for fund transfers, both for real time fund transfers and scheduled fund transfers. In case of insufficient funds in my account, my fund transfer request will automatically be cancelled and no further attempt will be made by the Company to make the transfer. The Company shall have no obligation or liability if it does not complete a transfer due to insufficiency of funds in my account. In all cases, I am responsible for making alternate arrangements for the transfer.
- 4.3.7 In the case of multiple fund transfers coming from one (1) account and the account has only enough balance to make some but not all fund transfers, the Company, in its sole discretion, may determine which of my transfer requests to complete.
- 4.3.8 I can edit or cancel my scheduled transfer transaction online.
4.4 EARLY TERMINATION & PREPAYMENT AGREEMENT (SPO)- - The client agrees to the following terms of canceling the prior to the completion of the 1-year contract. The company has full responsibility to pay me in HDR if the contract is forfeited prior to the 1-year maturity. It is understood that I am not allowed to cancel my contract 30 days prior to transferring the initial investment of $500 It is understood that I can request a stop payment through Hedger Mining Website on transactions only per request, subject to the following limitations:
- 4.4.1 I agree to hold the Company free and harmless, and shall indemnify/reimburse the Company, from any and all claims, liabilities costs, payments, damages and expenses, arising from or in connection with (i) the Company’s implementation of said SPO(s); (ii) its payment contrary to the request for SPO(s) if such payment occurs through inadvertence or accident; and (iii) payment by the Company before the date and time when the SPO was placed; I further undertake to notify the Company promptly of any change in the conditions which give rise to my request for SPO(s).
4.5 ELECTRONIC MAIL
- 4.5.1 I agree that I shall not rely on email if I need to communicate with the Company right away, such as but not limited to, the reporting of my lost or stolen passwords, unauthorized transaction in one of my accounts, or the issuance of a stop payment order for a range of transactions. In any of these or similar instances, I shall call the Company’s Contact Center to report my concern.
- 4.5.2 I agree that the Company may respond to me by electronic mail with regard to any matter related to Hedger Mining Services.
- 4.5.3 I hereby authorize the Company to send me promotional offers, advertisements, surveys or such other similar programs of the Company, its subsidiaries, affiliates and partner institutions by communicating to me in writing, or by electronic mail, or by facsimile transmission, or by short messaging service (SMS), or by such other electronic transmission which the Company, at its option, considers appropriate and effective, or through the Company channels or any one of them including posting in the Company's website.
4.6 CUSTOMER SERVICE AND COMPLAINTS
- 4.6.1 I can file requests and complaints through the following channels:
- i. Customer Service
- ii. Electronic Mail (E-Mail)
- iii. Account Managers and Representatives
- iv. Postal Mail to the Company
However, for urgent concerns or those that may require immediate attention, I shall not rely on Electronic Mail or Postal Mail but instead, I shall immediately inform the Company’s 24-hour customer service on the website.
- 4.6.2 I agree to provide the Company with necessary information to be used for the investigation and resolution of a complaint. The Company shall provide me with the prescribed processing time to resolve a complaint and, if necessary and practicable, provide updates on a regular basis.
5. OTHER AGREEMENTS
- 5.1 I hold the Company and its subsidiaries and affiliates (the “Hedger.Tech”), including any of their respective officers and representatives, free and harmless, as well as indemnify them, from any and all liabilities, claims, damages, suits of whatever nature, arising out of or in connection with the implementation of this Agreement, including any and all errors inadvertently committed, any computer-related errors resulting to the Company’s failure to effect any payment transaction that I may undertake via the Hedger Mining Website, as well as on account of any transaction that I may undertake via the Hedger Mining Service. The Company will not be liable for any losses resulting from circumstances over which the Company has no direct control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines or other interconnection problems, system downtime, severe weather, earthquakes, floods, fire or other such other similar events.
- 5.2 All terms and conditions of my existing account agreement (s) with you insofar as not inconsistent herewith shall remain in full force and effect.
- 5.3 I agree that where particular transactions, products and services are subject to specific terms and conditions agreed upon between me and the Company, insofar as not inconsistent herewith, or that are applicable thereto from time to time, such terms and conditions shall take precedence.
- 5.4 For "AND/OR" joint accounts, it is hereby understood and agreed that all transactions to be made by any one of us via Hedger Mining Service are deemed done with the consent of all the co-depositors.
- 5.5 This Agreement shall be governed by all applicable rules and regulations of the Cagayan Economic Zone Authority (CEZA).
- 5.6 I agree that the Company may in the future impose charges for the services contemplated under this Agreement within legal and regulatory limits and I hereby authorize the Company to impose the said charges accordingly.
- 5.7 My enrollment in Hedger Mining shall be effective upon receipt of the Company’s confirmation of the activation of my accounts in its website and shall remain in full force and effect until you receive from me a written notice of its termination. The Company may, however, at any time, suspend or terminate the use of any of the Hedger Mining Services, or this Agreement, with or without prior written notice.
- 5.8 The Company may modify, amend or revise this Agreement or any of the terms and conditions applicable to any of the services provided through Hedger Mining Website Service from time to time. I shall be notified of any such modification, amendment or revision via mail, e-mail, posting on the Company’s website, or by such other electronic transmission which the Company, at its option, considers appropriate and effective. Any such modification, amendment or revision shall be binding upon me on the date of effectivity specified in the notice. Continued use of the Hedger Mining Website thereafter, will constitute my acceptance of the modifications, amendment or revisions of this Agreement or any of the terms and conditions applicable to any of the services provided through Hedger Mining.
- 5.9 The Company may send any notice or communication to me via mail, electronic mail, facsimile transmission, short messaging service (SMS), other Company channels or any one of them including posting on the Company’s website, or by such other electronic transmission which the Company, at its option, considers appropriate and effective.
- 5.10 I further agree to be bound, where applicable, by the Terms and Conditions of the Hedger Mining governing PRODUCTS, SERVICES, FACILITIES, AND CHANNELS.
- 5.11 All Intellectual Property Rights arising from or in connection with the Hedger Mining Services are owned by the Company or the relevant third party. I agree not to do any act or thing inconsistent with the Company’s or such third party’s ownership of the Intellectual Property Rights. In the event of any infringement or suspected infringement of the Company’s or such third party’s Intellectual Property Rights, I agree to notify the Company thereof and shall take such reasonable action as the Company shall direct in relation to such infringement.
6. DISCLAIMER OF WARRANTIES
To the full extent allowed by applicable laws, all warranties, whether express or implied by law or statute, are excluded from this Agreement. The Company does not represent or warrant to me that the Hedger Mining Website: (i) will meet all my requirements; and (ii) will be uninterrupted, timely, secure or free from error.
7. LIMITATION OF LIABILITY
To the full extent allowed by applicable laws, the Company shall not be liable to me for any special, consequential, indirect, incidental or punitive damages (or any loss of actual or anticipated revenue or profits) arising out of or connection with this Agreement or its termination, and irrespective of whether I have advised the Company of the possibility of any such loss or damage.
8. NOMINATION/ENROLLMENT OF ACCOUNTS FOR HEDGER MINING SERVICES
It is understood that I personally nominate or enroll each and every account that I indicate in the Registration form, and that I request that these accounts be given the functionalities of Hedger Mining Website.
9. OTHER INTERNET-BASED SERVICES OF HEDGER.TECH
- 9.1 I understand that the HEDGER.TECH has or shall have other internet-based services of other members of the HEDGER.TECH Group of Companies which I may desire to avail.
- 9.2 By applying for registration to avail of such internet-based services and subsequently availing of such other internet-based services, I hereby likewise agree to be governed by the respective terms and conditions of the specific internet-based service availed.
10. CONSENT TO PROCESSING OF INFORMATION
The Company will keep information relating or pertaining to me including, but not limited to, any information on my accounts, transactions (the “Information”) confidential except that for purposes of this Agreement and in connection with Company’s (i) implementation, administration, facilitation and enhancements of their respective products, services, facilities and channels, (ii) pursuit of their respective marketing, promotional, communication, commercial and research objectives, (iii) regular conduct of business, and/or (iii) compliance with the requirements of applicable laws and/or government regulators or supervisory bodies, I consent to the Company’s, and its directors, officers, employees, advisers, auditors, agents and representatives’ (collectively, the “Company Representatives”):
- a) collection, use, storage, consolidation and processing (collectively, “process” or “processing”) of Information;
- b) outsourcing of the processing of Information to service providers, whether within or outside the Philippines;
- c) verification or validation of Information from any and all sources and in any reasonable manner, including but not limited to:
- i. courts or government or administrative agencies or arbitral tribunals on the status of any case or proceeding to which I am a party.
- d) disclosure and sharing of Information:
- i. to any judicial, governmental, supervisory, regulatory or equivalent body of the Philippines or other jurisdictions; such person or entity as required by the laws or regulations of any country with jurisdiction over the affairs on which the shares or other securities of the Company or any member of Hedger.Tech are listed pursuant to its rules;
- ii. to any potential transferee or assignee of the Company’s rights and/or obligations under the relevant contracts or agreements;
- iii. to service providers engaged by the Company or by any member of Hedger.Tech Group of Companies, or to marketing, promotional, network, loyalty program and joint venture partners and other relevant external parties, whether based within or outside the Philippines ( collectively, the “Relevant Parties” ); and,
The foregoing constitutes my express consent under the applicable confidentiality and data privacy laws of the Philippines and other jurisdiction and agree to hold the Company, the Company Representatives, each member of the Hedger.Tech Group of Companies and the Relevant Parties, free and harmless from any and all liabilities, claims, damages and suits of whatever kind and nature, that may arise in connection with the implementation and compliance with the authorization conferred by me hereunder.
The foregoing consent shall continue for the duration of, and shall survive the termination of, this Agreement.
11. DATA PRIVACY STATEMENT
In the course of providing the services contemplated under these Terms and Conditions, Hedger.Tech will be collecting information (including personal information) relating to me. Hedger.Tech’s Data Privacy Statement explains how Hedger.Tech collects, protects, uses, shares and stores the personal information of its clients and is deemed incorporated herein by reference.
I understand that my continued access into Hedger.Tech’s network of websites or use of this service will constitute my acceptance of the Hedger.Tech Data Privacy Statement as the same may be revised or updated from time to time.
I hereby declare that: (i) all the statements, information and supporting documents provided by me are true, correct and accurate; (ii) where the information or data provided was collected by me from third party sources, the relevant consent has been secured by me from the relevant parties to whom such information relates; (iii) any material misrepresentations or falsity or omission on my part will be construed as an act to defraud the Company and may be a ground for the termination of this Agreement, or the cancellation or termination of my access to any of the Hedger Mining Services, without prejudice to such civil and/or criminal liability that the Company may pursue against me; (iv) the Company may impose such terms, conditions and requirements as it may deem necessary or proper relative to my availment of any of the Hedger Mining Services; (v) I shall notify the Company of any material change affecting the information provided by me; and (vi) in using any Hedger Mining Services, I shall comply with all applicable laws, rules and regulations.
13. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any dispute arising hereunder shall be submitted to the exclusive jurisdiction of the proper courts of Cagayan, Philippines, to the exclusion of all other venues.
I hereby agree to be governed by the terms and conditions of this AGREEMENT. I hereby also acknowledge to have read and fully understood the said terms and conditions.