Terms and Conditions
This document is a draft of the Terms and Conditions as our firm is currently undergoing FCA registration. The services outlined herein will only be provided upon successful completion of our registration with the FCA. Until that time, no services can be offered or provided.
August 2024
Hypergate provides fiat-to-crypto, crypto-to-fiat and crypto-to-crypto exchange services. Hypergate is registered with the Financial Conduct Authority (FCA) as a cryptoasset business to provide these services, reference number [PLEASE NOTE THAT REGISTRATION PROCESS HAS NOT BEEN YET FINALISED]. You can find more information about our FCA registration at: [FCA MLR REGISTRY LINK WILL BE ADDED UPON REGISTRATION].
These Terms and Conditions (Terms) and other rules published on hyper-gate.co.uk (Platform) form an agreement between you and Hypergate regarding the use of the Platform and the provision of the Services.
Please read these Terms carefully before using any Services offered on the Platform. We also encourage you to explore our risk disclosures page before proceeding with any Services. Only use the Services if you understand the risks associated with Cryptoassets.
By accessing the Platform and using the Services, you agree to be bound by these Terms and other policies, instructions and notices published by Hypergate. Do not proceed with using our Platform and Services if you do not agree to be bound by these Terms or if you have any questions or concerns. You should contact us before continuing.
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DEFINITIONS
In these Terms and other policies, instructions and notices published by Hypergate the capitalised words shall be understood as follows:
Term |
Definition |
Hypergate, we, us, our |
Hypergate LTD (company number: 13343144, registered office at 203-205 The Vale, Office 42, London, England, W3 7QS) operating the Platform and responsible for the provision of the Service. |
Account |
Your personal profile created on the Platform to access the Services. |
AML/CTF |
Anti-Money Laundering and Countering Terrorism Financing. |
Content |
any information or materials published on the Platform, related social media or other mediums of communication with you. |
Cryptoasset |
cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically. A limited number of Cryptoassets is available on the Platform and in connection with the Services. |
Exchange, to exchange |
a Service of converting Fiat to Cryptoassets, Cryptoassets to Fiat or to another type of Cryptoassets provided by Hypergate via the Platform. |
Partner |
partner, contractor, subcontractor or any third-party entity taking part in the operation of the Platform and/or the Service provision and/or providing resources, software, services and facilities used by Hypergate to manage the Platform and provide the Services. |
Fee |
an amount charged by Hypergate in the course of the provision of the Services. |
Fiat |
a government-issued currency established as legal tender. A limited number of Fiat currencies is available on the Platform and in connection with the Services. |
Funds |
Fiat and/or Cryptoassets. |
KYC |
Know your Customer. |
Wallet |
software that allows to deposit, receive, transfer, and store Cryptoassets. |
PEP |
a politically exposed person – an individual who is entrusted with prominent public functions, other than as a middle-ranking or more junior official. |
Personal Data |
any information relating to an identified or identifiable living individual. |
Platform |
hyper-gate.co.uk website and any connected websites, services, widgets, APIs and apps operated by Hypergate and/or its Partners. |
Services |
services offered and provided by Hypergate and/or its Partners via the Platform to the Users. |
Terms |
these Hypergate Terms and Conditions, as amended |
Transaction |
means any digital and non-custodial operation performed by or for the benefit of the User in connection with the Services. |
User, you, your |
means any eligible individual or a legal entity that accesses and/or uses the Platform and/or the Services provided therein. |
Capitalised terms not otherwise defined in this Section 1 shall have the meanings assigned to them in the Terms.
- Terms
- Hypergate offers the Services via the Platform to eligible Users.
- When using the Platfrom and the Services you represent and warrant that you:
- act in your own name, freely, voluntarily and without any undue pressure or coercion from Hypergate or any third party
- are older than 18 years of age;
- are not at risk or subject to insolvency or similar proceedings;
- have the legal capacity to accept these Terms, participate in transactions involving Cryptoassets and use the Services;
- understand the nature of Blockchain, the risks associated with Cryptoassets, the provisions of these Terms;
- will follow the rules outlined in these Terms, other Hypergate policies, instructions and notices;
- will comply with all applicable laws and regulations;
- will use the Platform and the Services in good faith and for your sole personal benefit;
- will use the Platform and the Services responsibly and avoid actions that may impair harm or overload Hypergate systems.
- will only provide true and accurate information to Hypergate without undue delay;
- will only use the Funds you acquired legally and have a legal ground to dispose of;
- will only use Wallets, bank and payment accounts opened in your name and that third parties have no access to or control over;
- Subject to the limitations imposed under applicable law and your compliance with these Terms, Hypergate provides you a non-exclusive, non-transferable, limited right to access and use the Platform and the Services.
- You are solely responsible for using appropriate, secure and up-to-date software, hardware and internet connection when using the Platform.
- You bear all risks associated with your violation of any of the representations and warranties provided under these Terms. If any of your representations and warranties appear to the contrary, Hypergate may immediately unilaterally suspend or terminate the Account and the provision of the Services and take any other action prescribed under the applicable law.
- Any additional agreement regarding the use of the Platform and provision of the Services may only be concluded between you and Hypergate. Any agreements concluded between you and third parties shall not affect these Terms or the Services and shall have no legal effect on Hypergate. You should immediately notify Hypergate if any third party offers you to enter into any agreement concerning the Platform, the Services, the Account or Hypergate.
- You shall ensure that you use the system free from errors, bugs, security vulnerabilities or any form of abuse of the Platform or the Services. You shall immediately notify Hypergate about any error, security vulnerability, or other issues detected on the Platform or in connection with the Account and or the Services, and shall cease all further actions with Hypergate systems, except for those actions that are aimed at preventing or minimising your loss.
- Hypergate may update, discontinue, or make modifications to the Platform and the Services at any time, without incurring any liability to you or any other party.
- ACCOUNT
- An active Account with Hypergate is required to use the Services.
- To open an Account you shall accept these Terms, register on the Platform by providing your details and complete KYC and other procedures. At Account opening and any later time, Hypergate and its Partners may check the accuracy of the provided details and request you to provide additional supporting documents or evidence.
- Each User may only have one active account on the Platform.
- Hypergate reserves the right to at its sole discretion refuse Account opening without providing further explanations.
- Hypergate implements reasonable security measures to protect your Account from unauthorised access. You remain responsible for ensuring the confidentiality of your Account credentials (login, password, one-time-passwords, etc.) and other details in connection with the Account (e.g. the history of transactions, wallet address, etc.).
- Do not disclose your Account credentials or give access to your Account to any third party.
- Hypergate will never ask you to disclose your Account credentials. Hypergate may request you to change your password to prevent unauthorised access.
- Any action or Transaction performed via an Account will be deemed to have been initiated by the User who opened the Account.
- You shall immediately contact Hypergate if you believe your Account has been compromised or have any other security concerns. Hypergate may only be able to prevent unauthorised access or further harm to your Account if you promptly notify Hypergate of all security breaches.
- If you have lost access to your Account, please contact Hypergate to restore it. Hypergate may request additional information or documents to restore the Account. The restoration process may not be successful in all cases.
- Hypergate may suspend or terminate Accounts at any time at its sole discretion to comply with applicable law or prevent unauthorised actions. Hypergate will notify you if your Account is suspended, or terminated or your action is required for any reason, unless such notification is prohibited under applicable law.
- SERVICES
- The Services allow you to exchange Cryptoassets to Fiat or vice versa, as well as swap Cryptoassets for a different type of Cryptoassets.
- To use the Service you shall access your Account and provide the Transaction details, including the type of Cryptoassets and Fiat to be exchanged, the payment method and, where necessary, undergo KYC procedures as required by Hypregate or its Partners.
- Hypergate may rely on its Partners or other third parties (e.g. Fiat acquirers, KYC service providers, etc.) to operate the Paltrom and provide the Services. You may be asked to agree with the Partners’ terms of service and privacy policies before using the Services and proceeding with the Transaction.
- Hypergate will perform Transactions only between your Account and another Fiat account and/or Wallet that are held in your name or of which you may clearly demonstrate ownership.
- Transactions are performed at the exchange rate established by Hypergate and displayed at the moment of the Transaction initiation. The exchange rate applicable to the Transaction may differ from the current market rate.
- Due to the high volatility inherent to Cryptoassets, exchange rates displayed on the Platform may not always be up to date. Hypergate may cancel or adjust your Transactions within a reasonable time providing an explanation of the actions taken.
- The Services are provided subject to payment of applicable Fees that may be charged by Hypergate, its Partners, the Blockchain network and intermediaries involved in the execution of the Transactions. See Section 6 below to learn more about applicable Fees.
- Transactions will only be initiated subject to successful results of KYC procedures performed by Hypergate and its Partners.
- Before initiating your first Transaction on the Platform you will have to submit an online investor self-categorisation questionnaire and pass a quick knowledge test. A 24-hour cooling-off period applies to all first-time Transactions. These obligatory procedures are stipulated by the FCA financial promotions regime.
- The Services are deemed provided once the Transaction is initiated by Hypergate. Hypergate is not responsible for the operation of the Blockchain network and any intermediary services involved in the execution of the Transaction. Hypergate may not guarantee the timeframes for the Transaction execution.
- You must immediately notify Hypergate if for any reason you receive an amount exceeding or smaller than the amount you were entitled to subject to the Transaction.
- You are solely responsible for paying taxes, calculating and declaring your activities to appropriate tax authorities and adhering to applicable tax laws. Hypergate is not a tax agent for withholding taxes in connection with your Transactions. Hypergate accepts no responsibility for determining the tax implications of your Transactions or for handling the collection, reporting, or submission of any taxes arising from your Transactions.
- Hypergate shall have the unilateral right at any time and at its sole discretion to:
- amend the list of supported Fiat currencies, Cryptoassets, combinations thereof or types of Transactions available in connection with the Services.
- impose and amend Transaction limits and thresholds.
- request you to provide additional documents and/or the corresponding evidence to assess the accuracy of the information you already submitted;
- at any time, directly or through third parties, carry out any checks or make any inquiries to assess the accuracy of the information you submit;
- share your personal information with third parties involved in the Service provision, as well as with competent authorities and other third parties in accordance with the Privacy Notice;
- modify the functionality of the Platform, its configurations and the Content;
- limit or otherwise change the availability of the Platform with respect to particular Funds or Services;
- reject, cancel, suspend or block any Transaction you may place when it is not technically possible to execute such Transaction for AML/CFT compliance reasons or when there is any other appropriate legal ground;
- suspend or terminate your Account and Service provision in cases stipulated in these Terms, or according to the applicable law;
- suspend, block or terminate your Account and limit your access to the Platform in case of breach of these Terms.
- limit access, block, terminate or suspend your Account, and/or freeze or block your Funds due to regulatory compliance reasons. Hypergate may not always be able to disclose the reason for such limitations.
- take any other action in connection with your Account if such is stipulated by applicable law and/or required from Hypergate by competent authorities.
- Under specific circumstances such as maintenance, repairs, or security updates, Hypergate may temporarily suspend or interrupt the Services. Such suspension or interruption shall not constitute a violation of any commitments under these Terms or any other agreement with you. Such suspensions or interruptions do not relieve you from the obligation to pay the relevant Fees for the Services already provided.
- The Services are provided "as is" and "as available". Hypergate makes no representations or warranties that the provision of the Services, functionality and availability of the Platform or any Content contained therein will be uninterrupted, timely, secure, or error-free. Hypergate makes no representations or warranties as to the quality, suitability, truth, usefulness, accuracy, or completeness of the Platform, the Services or the Content contained therein.
- In exceptional cases, the information you store or transfer to Hypergate may become irretrievably lost, corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by Partners, acts of God or other events, including third-party DDoS attacks, scheduled or unscheduled maintenance, or other causes either within or outside Hypergate’s control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer by using the Platform and the Account.
- Hypergate and its Partners will notify Transaction receipts, notices and any other communications to you electronically via email or other contact details you provide. Transaction receipts and notices are deemed correct, accepted and binding upon you unless objected to in writing within 5 days of delivery.
- COMPLIANCE
- Hypergate will only provide the Services subject to full compliance with applicable AML/CTF legislation and other legal requirements. Please refer to our AML Compliance Notice to learn more about the compliance arrangements we implement.
- To comply with AML/CTF requirements Hypergate must verify the identity of all Users, and request their personal details and corresponding documentation. Hypergate may ask you to take part in the remote meetings with Hypergate staff for compliance purposes. Hypergate may directly or indirectly, make further inquiries to check the relevance and accuracy of the information provided for KYC purposes.
- Hypergate retains records of all communications with its Users for 5 years. Hypergate may use such records to improve the Services. All User communications records will remain confidential unless disclosure is required under applicable law.
- Hypergate treats all information and Personal Data confidentially and will only disclose it under the terms of the Privacy Notice and the applicable law.
- FEES
- Hypergate charges Fees for the provision of the Services. Fees are included in the Transaction amount and are displayed before you initiate the Transaction.
- Fees for the Services and Transactions which have been already initiated will not be refunded if you decide to cancel the Service or the Transaction.
- Hypergate Partners’ fees and charges may apply and may be included in the Transaction amount or charged independently.
- INTELLECTUAL PROPERTY
- The Platform and the Content published, displayed, distributed, or otherwise made available thereon is an intellectual property of Hypergate.
- The Content may not be copied, reproduced, altered, republished, uploaded, posted, transmitted, scraped, collected, or distributed through any means, whether manual or automated.
- You must not infringe on the intellectual property rights of Hypergate;
- The trademarks, trade names, service marks, and logos of Hypergate and other entities featured on the Platform are the property of Hypergate. The software, applications, text, images, graphics, data, video, and audio materials found on the Platform are the property of Hypergate.
- AMENDMENTS
- Hypergate may unilaterally introduce amendments to these Terms and its policies and rules applicable to the operation of the Platform, the use of the Account and the provision of the Services. All amendments will be published on the Platform and notified to all active users at least 10 days before taking effect.
- If you disagree with any amendments Hypergate introduces to these Terms or other documents, please contact Hypergate immediately and do not access the Platform or continue using the Services. It is your own responsibility to read these Terms and all policies, notices, and regulations published on the Platform before using any Services available on the Platform and regularly review them.
- The current version of these Terms is effective until an updated version is published on the Platform. You agree to be bound by the terms of such amendment or change on the earlier of:
- 10 business days after Hypergate has published such amendment as specified above; or
- when you first access the Platform after the changes to the Terms are made.
- TERMINATION AND SUSPENSION
- You may terminate your Account and these Terms at any time.
- To terminate your Account and these Terms, you may contact us via: [email protected]. When we receive a request to terminate the Account, we may ask you to provide additional information or documents for AML/CTF compliance purposes.
- The termination of your Account and these Terms shall not affect any Transactions previously initiated and shall not relieve you of any prior obligations arising out of or in connection with these Terms.
- Hypergate may suspend or limit your Account, the provision of the Services or any Transaction, with an immediate effect if:
- Hypergate reasonably believes that your Account has been compromised or for other security reasons;
- the Account is a second or subsequent created of the same User;
- Hypergate reasonably believes that more than one User, person or entity has access to the Account without having obtained proper authorisation from Hypergate;
- the Platform, the Account or any associated technical facilities require updates, security fixes or other technical maintenance. Once relevant maintenance procedures are completed, access to the Account and the Services will be restored;
- there is a suspicious or unusual activity Transactions on the Account, or your Transactions;
- in performing Hypergate needs to perform an AML/CTF verification and/or monitoring check of the Account or your Transactions performed or initiated by you or conduct other checks or analysis or (where applicable) any issue that has arisen, including those related to verification of your identity, address or source of funds;
- you fail to provide the information required by Hypergate, its Partners or External Providers, provide false, incomplete or outdated information, or Hypergate, its Partners or External Providers have reasonable grounds to believe that the information provided is false, incomplete or outdated;
- Hypergate reasonably believes that the Funds in the Account are acquired unlawfully or are otherwise involved in any illegal activity;
- Hypergate is required to do so under applicable law, due to a request of a competent authority or due to any pending, legal, investigation or other proceedings;
- Hypergate has any other reasonable ground to suspend the Account or the provision of the Services;
- in other cases as specified by these Terms.
- In case of suspension, limitation or termination of your Account, the provision of the Services or these Terms, any pending Transactions to or from your Account will be reversed or declined when it is technically and organisationally possible to do so.
- Hypergate may unilaterally suspend or terminate these Terms and your Account, suspend or refuse the provision of the Services without notice and satisfy any obligation you may have to Hypergate, with any of your Funds or property in Hypergate’s or its Partner’s possession, custody or control in the following cases:
- Your death or judicial declaration of incompetence or if Hypergate has a reason to believe that you have died or were declared incompetent. In case of your death or incompetence, the Account will be suspended until your estate representative or authorised beneficiary provides sufficient legal documentation proving their authority and instructions to withdraw the Funds remaining on the Account. Hypergate may also take any other action to comply with applicable law;
- insolvency, judicial management, receivership, administrative management, or any similar or analogous proceedings initiated or may be initiated against you. In case of your insolvency, the Account will be suspended until your receiver, insolvency administrator or other authorised beneficiary or representative provides sufficient legal documentation proving their authority and instructions to withdraw Funds remaining on the Account. Hypergate may also take any other action to comply with applicable law;
- Hypergate has reasonable concerns regarding your creditworthiness or financial status;
- You are no longer eligible to use the Services or access the Platform;
- You breach any condition of these Terms, any regulations published on the Platform or other legally binding obligations between Hypergate and you;
- You violate or Hypergate has reason to believe that you are in violation of any law or regulation that is applicable to your use of Hypergate’s Services or are involved in illegal or illicit activity, including without limitation if there is any occurrence of money laundering, terrorist financing, fraud or any other crime in connection with the Account or your Transactions;
- You fail to provide the information required by Hypergate, its Partners or External Providers, provide false, incomplete or outdated information, or Hypergate, its Partners or External Providers have reasonable grounds to believe that the information provided is false, incomplete or outdated;
- Hypergate is required to do so under applicable law or due to a request of a competent authority.
- Due to the irreversible nature of Blockchain Transactions, Hypergate’s ability to issue refunds is limited. For more information, please refer to our Refunds Policy.
- If Hypergate unilaterally terminates your Account, restricts or denies you the use of the Services, you shall not attempt to use the Platform, create new Accounts or circumvent the measures taken by Hypergate.
- LIABILITY
- You agree to promptly compensate Hypergate all damages, costs, and expenses, including attorney's fees, incurred by Hypergate
- in the enforcement of any of the provisions of these Terms;
- as a result of initiated disputes or investigations, expertise or analysis, on a fee-paid or other basis;
- other legally binding obligations between you and Hypergate.
- If you attempt to initiate any Transaction in violation of these Terms, Hypergate reserves the right to:
- reverse the Transaction;
- suspend the Transaction and your Account;
- report the Transaction to the appropriate law enforcement agency;
- claim damages from you.
- Hypergate makes no warranties or representations beyond those explicitly stated in these Terms. The Platform and the Services have not been developed to meet your specific individual needs.
- You agree to indemnify and hold Hypergate harmless from any demands, losses, liabilities, claims, or expenses made against Hypergate by third parties arising from or in connection with your use of the Platform and the Services.
- Hypergate shall not be held liable to you for any delay or failure to perform any obligation under these Terms when such delay or failure results from unforeseen events beyond Hypergate’s reasonable control, including strikes, armed conflicts, terrorism, riots, natural disasters, epidemics, government license refusals, or actions by other government agencies to the extent that such events prevent or delay the affected party from fulfilling its obligations.
- Hypergate and its Partners, affiliates, owners, directors, officers, staff members, and agents in no event shall be liable to you or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages and losses, including, but not limited to damages for loss of profits, loss of business, loss of opportunity, loss of reputation, loss of information, business interruption, revenue, or goodwill, which may arise from:
- your use, unauthorised use, or misuse of the Services, the Account and the Platform;
- your breach of these Terms, any regulations published on the Platform or other legally binding obligations between you and Hypergate;
- your violation of any applicable law;
- accuracy, completeness or the Content of the Platform, linked websites, social media and other mediums of communication with you;
- Hypergate’s Partners and third-party conduct of any nature whatsoever, including their failure to perform any obligations;
- any charges you have to pay to third parties;
- any disruption or impairment of the Platform or the Service or for disruptions or impairments of intermediary services on which Hypergate relies for the performance of its obligations hereunder;
- any unauthorised or fraudulent access to your Account or use of the Services, including, but not limited to, the cases when the unauthorised access resulted from your negligence, breaches in your device security, social engineering, or any other reasons whatsoever;
- unauthorised Transactions made via your Account;
- any errors or mistakes you make when executing the Transactions, including, but not limited to, using the wrong Blockchain network, the wrong Wallet address, mistiming or mis-submission of orders or instructions, attempting to use not supported Cryptoassets for performing Transactions or providing incorrect details or Transaction amounts;
- delays, inaccuracies, errors, or omissions in any data provided to you in connection with the Account, the Platform or the Services;
- any interruption or cessation of the Services or interruption in the work or availability of the Platform, malfunction or failure of transmission, communication or computer facilities, or any transmission errors, technical faults, malfunctions, illegal intervention in the equipment, overloads, malicious Platform attacks, suspension of access by third parties, system and software malfunctions, interruptions, or other deficiencies on the part of any Services provided by Hypergate;
- contamination of your devices or systems by viruses, worms, trojans, or other malicious code of any kind whatsoever, including when such results in loss of access to or control of your Account, loss of Funds and/or data;
- any changes to the Platform’s Content, functionality, Services, and lists of accepted Funds;
- loss or corruption of data unless caused by Hypergrate’s wilful wrongdoing;
- implementation of a legal or regulatory requirement and compliance with applicable laws;
- any termination, suspension, freezing or restriction of access to the Account or the Services, including your inability to withdraw Funds, initiate Transactions due to any suspension, freezing or restriction, in accordance with applicable law, these Terms, any regulations published on the Platform or other legally binding obligations between you and Hypergate;
- volatility of Funds or assets of any other nature;
- force majeure – any events, actions or omissions resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalisations or devaluations), natural disasters, acts of God, market conditions, inability to communicate with any relevant person or any delay, disruption, failure or malfunction of any transmission or communication system or computer facility, whether belonging to Hypergate, you, any market, or any settlement or clearing system.
- Hypergate reserves the right to suspend access to any such Services for this reason without any liability.
- Hypergate shall not be liable for the assessment or payment of any taxes, duties, or other charges that may arise in connection with the Services, User’s Transactions or actions.
- Hypergate specifically excludes liability for any loss, harm, distress, or damage suffered by you or any third party as a result of inaccurate information appearing on the Platform.
- The liability of Hypergate and its Partners shall be several and not joint.
- Hypergate and its Partners shall not be held liable for each other’s actions, omissions or obligations. Hypergate makes no warranties or representations expressed or implied, about any Partners’ or third-party services. You acknowledge sole responsibility for and assume all risk arising from your use of the Partners’ and third-party services, websites, applications, or resources.
- You acknowledge and agree that in no event shall Hypergate’s total aggregate liability exceed the total amount of Fees paid by you to Hypergate for the particular services that are subject to the cause of action.
- You acknowledge and agree that, to the extent permitted by applicable law, Hypergate shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by unauthorised use of your Account resulting from your failure to maintain the confidentiality of your login credentials, provided Hypergate has fulfilled its obligation to implement reasonable security measures.
- Hypergate makes reasonable efforts to prevent any fraud and scams. However, Hypergate cannot be held responsible for any losses incurred as a result of engaging with fraudsters or scammers who manipulate you into using the Platform or the Services. It is your responsibility to conduct your own due diligence and exercise caution when dealing with any third parties. We encourage you to only use trusted and verified external digital wallets. If you fall victim to fraud or scam in connection with the Platform or the Services, we will cooperate with you and any competent authorities by providing information available to us. Hypergate is not liable to compensate the value of any losses you suffer as a result of third-party fraudulent actions.
- NO ADVICE
- Hypergate does not provide any financial, investment or any other type of professional advice. No Content or information published by Hypergate and no interaction between you and Hypergate shall be deemed professional advice.
- MISCELLANEOUS
- Hypergate’s failure to insist on or enforce strict performance of these Terms shall not be interpreted as a waiver of any provision or any right we have to enforce these Terms. Neither shall any course of conduct between Hypergate and you or any other party modify any provision of these Terms.
- If any provision of these Terms is deemed unenforceable or invalid, that provision will be limited or severed to the extent necessary to ensure that these Terms otherwise remain in full force and effect.
- Unless the contrary intention appears, a reference to:
- a document or agreement (including a reference to these Terms) is a reference to that document or agreement as amended, supplemented, varied, or replaced;
- legislation or to a provision of legislation (including subordinate legislation) is a reference to that provision as extended, applied, amended, or re-enacted and includes any subordinate legislation;
- you, Hypergate or any other person includes its successors in title, permitted assigns, and permitted transferees, except where otherwise directly specified;
- a word that suggests one gender includes the other gender.
- Where the context so admits, the singular includes the plural and vice versa, and if a word or phrase is defined, its other grammatical forms have a corresponding meaning.
- Words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation” unless a reference to the contrary is not specified.
- Headings to the Sections and Subsections of these Terms are included merely for convenience of reference and shall not affect the meaning of the language included therein. The writing shall include any mode of reproducing words in a legible and permanent form.
- None of the provisions of these Terms shall be interpreted as indicating the intent to form a company, association, or joint venture between you and Hypergate.
- Each provision of these Terms must be interpreted in such a way that it is valid and enforceable under the applicable law. If any material provision of these Terms is unenforceable or invalid under applicable law, it shall be deemed to be invalid or unenforceable only to the extent of its unenforceability or invalidity and shall be replaced by a valid and enforceable provision that reflects as closely as possible the legal and economic meaning of the invalid provision. The remaining provisions of these Terms shall remain binding and in force. The same applies to contractual gaps.
- GOVERNING LAW
- These Terms and the provision of the Services is governed by the English law.
- All disputes arising out of or in connection with the Platform, the Services and these Terms, shall be endeavoured to be resolved through negotiations. Where an out-of-court dispute settlement fails, the disputes shall be submitted to a court in England.
- CONTACT AND SUPPORT
- Hypergate may notify you via email, postal mail, postings within the Platform, your Account, or other legally accepted means. It is your responsibility to keep your account information current to receive notifications.
If you have any questions please do not hesitate to contact us via: [email protected]
HYPERGATE LTD (13343144)
203-205 The Vale, Office 42, London, England, W3 7QS