"This User Agreement shall be effective immediately for all new and current customers who uses https://HalalDEX.com/. The websites and the services offered by HalalDEX are addressed to persons who have their place of residence in Republic of Singapore or in other countries, except as stated on Sub-Clause 9.5".
This is a contract between you and DS Media Concepts Pte Ltd ("HalalDEX"), a private limited company incorporated in the Republic of Singapore and whose registered office is at 22 Sin Ming Lane #06-76 Midview City Singapore 573969.
By using the Decentralized Cryptocurrency Exchange https://HalalDEX.com/, or any of our associated websites, or mobile applications, you agree that you have read, understood, and accept all the terms and conditions contained in this Agreement.
You should be aware that the risk of loss in trading or holding Digital Assets can be substantial. Digital Asset Services are not currently regulated by the Monetary Authority of Singapore. You should therefore carefully consider whether trading or holding Digital Assets is suitable for you considering your financial condition.
1.0 HALALDEX SERVICES.
1.1. Eligibility. To be eligible to use the HalalDEX Services, you must be at least 18 years old.
1.1.1 Your eligibility to access certain HalalDEX Services also depends on the country in which you reside. Check Subclause 9.5 to verify if your country is supported.
1.2. Digital Assets Services. The following services (the "HalalDEX Services") are provided to you by HalalDEX:
1.2.1 A Digital Decentralized Exchange service enabling you to obtain prices for your purchases and sales of Digital Assets "DC Exchange") in Ethereum;
1.2.2 A Digital Currency conversion service enabling you to buy and sell Digital Currencies in transactions with HalalDEX (the "Conversion Services").
1.3 HalalDEX Cryptocurrency Services are not regulated by the MAS. HalalDEX is not a regulated financial services provider. HalalDEX is based in, and provides its services from, Singapore
1.4. We refer to the HalalDEX Decentralized Cryptocurrency Exchange and Additional Services together as the "HalalDEX Services".
2.0 HALALDEX USE AND ACCESS.
2.1 Access. To access the HalalDEX Services, you must have the necessary equipment (such as a smartphone, computer, or tablet, MetaMask Browser Extension) and the associated telecommunication service subscriptions to access the Internet. The HalalDEX Services can be accessed directly using the HalalDEX Site.
3.0 UNAUTHORIZED OR INCORRECT TRANSACTIONS
3.1. HalalDEX, as a Decentralized Cryptocurrency Exchange, has no control over cryptocurrency transactions, wallets, and is not in the position to reverse unauthorized or incorrect transactions, and therefore no refunds shall be made.
3.2 When making a buy or sell request, you must make sure you have read and understood all the transactions details, as incorrect transactions cannot be reversed nor refunded.
3.3 It is your sole responsibility and you must make sure you do not share your computer, tablet, smartphone, or any electronical device with access to the HalalDEX services, as well as any keyword, password, with any third party to avoid unauthorized transactions or be aware of any cybernetic hack scheme.
4.0 DECENTRALIZED CRPTOCURRENCY EXCHANGE SERVICES.
4.1. In General. The Decentralized Cryptocurrency Exchange Service enables you to buy Cryptocurrencies using Ethereum. Conversely, when you sell Cryptocurrency, you receive it value in Ethereum.
4.2 In order to purchase or buy a supported Cryptocurrency, you must use a MetaMask Browser Extension.
4.3. Buy/Sell Fee. Each purchase or sale of Cryptocurrency is subject to a fee (a "Conversion Fee"). The applicable Conversion Fee will be displayed to you on the HalalDEX Site prior to each transaction. We may adjust our Conversion Fees at any time. We will not process a transaction if the Conversion Fee and any other associated fees would, together, exceed the value of your transaction.
4.4. Exchange Rates. Each purchase or sale of Digital Currency using Ethereum is also subject to the HalalDEX "Exchange Rate" for the given transaction. The "Exchange Rate" means the price of a given supported Cryptocurrency in Ethereum as quoted on the HalalDEX Site. The Exchange Rate is stated either as a "Buy Price" nor as a "Sell Price", which is the price at which you may buy or sell Digital Currency, respectively. You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time, and that we may add a margin or "spread" to the quoted Exchange Rate. You agree to accept the Exchange Rate when you authorize a transaction. We do not guarantee the availability of any Exchange Rate. We do not guarantee that you will be able to buy and / or sell your Digital Currency on the open market at any price or time.
4.5. Authorizations; Reversals; Cancellations. By clicking the "Buy" or "Sell" button on the HalalDEX Site, you are authorizing HalalDEX to initiate the transaction at the quoted Buy Price or Sell Price and agree to any associated Conversion and Exchange Fees. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorize us, in our sole discretion, either to cancel the transaction. You are responsible for maintaining an adequate balance and/or enough Ethereum limits to process each transaction.
5.0 TRANSACTION LIMITS AND ENHANCED DUE DILIGENCE
5.1. Transactions Limits. The use of all HalalDEX Services is subject to a limit on the amount of volume, you may transact or transfer in a given period (e.g., daily). We reserve the right to change applicable limits as we deem necessary.
6.1. Release of HalalDEX. If you have a dispute with one or more users of the HalalDEX Services, you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint ventures, employees and representatives will be liable for any claims, demands and damages (actual and consequential) of any kind or nature arising out of or in any way connected with such disputes.
6.2. Indemnification. You agree to indemnify us, our affiliates and service providers, and each of our or their respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this Agreement (including without limitation your breach of our Behavior Policy or our Policy on Prohibited Use, Prohibited Businesses and Conditional Use) or your violation of any law, rule or regulation, or the rights of any third party.
6.3. Limitations of Liability. We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of this Agreement and our liability in these circumstances is limited as set out in the remainder of this section. (For the avoidance of doubt the term "loss" includes a partial loss or reduction in value as well as a complete or total loss.)
6.3.1 Limitation of loss. In no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise: (i) any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and / or any actual or hypothetical trading losses, even if we are advised of or knew or should have known of the possibility of the same. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that we failed to process a buy or sell transaction properly, your damages are limited to no more than the combined value of the supported Cryptocurrency at issue in the transaction, and that you may not recover for any "loss “of anticipated trading profits or for any actual trading losses made as a result of the failure to buy or sell. (ii) any loss of or damage to reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, even if we are advised of or knew or should have known of the possibility of the same; (iii) any loss of use of hardware, software or data and / or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and / or any interruption in any such data; (iv) any loss or damage whatsoever which does not stem directly from our breach of this Agreement; and / or (v) any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of this Agreement (whether or not you are able to prove such loss or damage).
6.3.2. Applicable law. The limitation of liability in this Section is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the HalalDEX Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractor's negligence.
6.4. No Warranties. The HalalDEX services are provided on an "as is" and "as available" basis without any representation or warranty, whether express or implied, to the maximum extent permitted by applicable law: specifically, we disclaim any implied warranties of title, merchantability, fitness for a purpose and/or non-infringement. We do not make any representations or warranties that access to the HalalDEX Site, any of the HalalDEX Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. We make no representations about the accuracy or completeness of historical Cryptocurrency price data available on the HalalDEX Site. We will make reasonable efforts to ensure that requests are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
6.5. Safety and Security of Your Computer and Devices. HalalDEX is not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. HalalDEX customer support will never ask to screen share or otherwise seek to access your computer or account; similarly, we will not ask for your two factor authentication codes.
6.6. No Liability for Breach. We are not liable for any breach of the Agreement where the breach is due to abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.
7.0 CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION
7.1. Contact HalalDEX. If you have any feedback, questions, or complaints, contact us via our Customer Support webpage at or write to us at HalalDEX Customer Support firstname.lastname@example.org. When you contact us please provide us with your name, address, and any other information we may need to identify you, and the transaction on which you have feedback, questions, or complaints.
7.2. Complaints. In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge receipt of your complaint if you contact us via our Customer Support webpage. A Customer Complaints officer ("Officer") will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided, and any information provided by HalalDEX. Within 15 business days of our receipt of your complaint the Officer will address all points raised in your complaint by sending you an e-mail ("Resolution Notice") in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. In exceptional circumstances, if the Officer is unable to respond to your complaint within 15 business days for reasons beyond HalalDEX control, the Officer will send you a holding reply indicating the reasons for a delay in answering your complaint and specifying the deadline by which the Officer will respond to your complaint (which will be no later than 35 business days from our receipt of your complaint.
7.3. Offers. Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.
7.4. Arbitration. Any dispute exceeding USD5,000 (or SGD 6.552,05 SGD) arising out of or in connection with this Agreement (a "Dispute") shall be referred to and finally resolved by arbitration in the Republic of Singapore. If you prevail on any claim for which you are legally entitled to legal fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, HalalDEX will not seek you pay its legal fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. The parties agree to keep confidential all matters relating to the arbitration, including related court proceedings, to the greatest extent practicable. For purposes of this arbitration provision, references to the parties also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized Users or beneficiaries of the HalalDEX Services. Nothing in this Section 7.4 (Arbitration) shall be construed as preventing either party from seeking conservatory or similar interim relief in any court of competent jurisdiction. If any provision of this Section 7.4 (Arbitration) is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
7.5. Claims. You agree to use the complaints procedure set out at Section 7.2 of this Agreement before contacting submitting the claim to arbitration. You agree to submit the claim or dispute to arbitration in accordance with Sections 7.3 and 7.4 of this Agreement respectively before filing any claim in a competent court. If you do not follow the procedures set out in this Section 7 before filing a claim in a court, we shall have the right to ask the court to dismiss your filing unless and until you complete the steps outlined above.
8.0 DATA PROTECTION.
9.0 GENERAL TERMS AND CONDITIONS.
9.1. Limited License. We grant you a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the HalalDEX Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the HalalDEX Site or Content is expressly prohibited and all other right, title, and interest in the HalalDEX Site or Content is exclusively the property of HalalDEX and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. "HalalDEX.com", " HalalDEX, and all logos related to the HalalDEX Services or displayed on the HalalDEX Site are trademarks or registered marks of DS Media Concepts Pte Ltd or its licensors. You may not copy, imitate or use them without our prior express written consent.
9.2. Website Accuracy. Although we intend to provide accurate and timely information on the HalalDEX Site, the HalalDEX Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the HalalDEX Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the HalalDEX Site.
9.3. Third-Party Applications. To access HalalDEX Services users are required to have a MetaMask Browser Extension, in order for HalalDEX to process all buy/sell requests.
9.4. Prohibited and Conditional Use. In connection with your use of the HalalDEX Services, and your interactions with other users and third parties, you agree to comply with the HalalDEX Policy on Prohibited Use, Prohibited Businesses and Conditional Use.
9.5. Export Controls & Sanctions. Your use of the HalalDEX Services and the HalalDEX Site is subject to international export controls and economic sanctions requirements. By sending, receiving, buying, selling, or trading Cryptocurrency through the HalalDEX Site or HalalDEX Services, you agree that you will comply with those requirements. You are not permitted to acquire Cryptocurrencies or use any of the HalalDEX Services through the HalalDEX Site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury's financial sanctions regime (a "Sanctioned Country"), or if you are a person on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List, or the HM Treasury's financial sanctions regime (a "Sanctioned Person"); or (2) you intend to supply any acquired or stored Digital Currency or HalalDEX Services to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
9.6. Amendments. We will notify of you any change to the Agreement relating to HalalDEX Services by giving notice on our https://HalalDEX.com/, such amendments shall become effective immediately. If you do not agree with any such modification, you should close and cease using the HalalDEX Services. Copies of the most up-to-date version of the Agreement will always be made available in the HalalDEX Site, and your use of our website and its services will be considered as acceptance of such new terms.
9.7. Relationship of the Parties. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or HalalDEX to be treated as the agent of the other.
9.8. Privacy of Others; Marketing. If you receive information about another user through the HalalDEX Services, you must keep the information confidential and only use it in connection with the HalalDEX Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to affect a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user's express consent to do so. You may not send unsolicited email to a user through the HalalDEX Services.
9.9. Taxes. It is your responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the HalalDEX Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your HalalDEX Account.
9.10. Entire Agreement. This Agreement (including documents incorporated by reference herein) comprise the entire agreement between you and HalalDEX
9.11. Interpretation. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
9.12. Transfer. This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and / or our obligations at any time, including as part of a merger, acquisition or other corporate reorganization involving HalalDEX, provided that this transfer or assignment does not materially impact the quality of the HalalDEX Services you receive.
9.13 Website Maintenance. HalalDEX may schedule, with prior 48 hours’ notice, short down the https://HalalDEX.com Website in order to perform maintenance, internal tests or any other type of tests, and/or upgrades, without being liable of any failure by the User to comply with its transactions, arising from the shutdown period
9.14 Invalidity. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision.
9.15. Enforcement of Our Rights. We may not always strictly enforce our rights under this Agreement. If we do this, it will be just a temporary measure and we may enforce our rights strictly again at any time.
9.16. Language. This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.
9.17. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the sections relating to suspension or termination, debts owed to HalalDEX, general use of the HalalDEX Site, disputes with HalalDEX, and general provisions, will continue to be binding and operate after the termination or expiration of this Agreement.
9.18. Governing Law and jurisdiction. This Agreement will be governed by Singapore Law and the exclusive jurisdiction of the Singapore courts.
Updated 15 January 2019