This is a binding Agreement between HummingPay (or “We”) and the person, persons, or entity (“You” or “Your”) using the service, software, application, or platform (“Service”).
By accessing the website http://www.hummingpay.io, http://tron.hummingpay.io/pos or http://tron.hummingpay.io/qr .you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site or sites. The materials contained in websites are protected by applicable copyright and trademark law.
In no event shall HummingPay or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption, insecure wallet, lost of PK, wallet password or keystore file) arising out of the use or inability to use the materials on HummingPay's website, even if HummingPay or a HummingPay authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on HummingPay's website could include technical, typographical, or photographic errors. HummingPay does not warrant that any of the materials on its website are accurate, complete or current. HummingPay may make changes to the materials contained on its website at any time without notice. However HummingPay does not make any commitment to update the materials.
HummingPay has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by HummingPay of the site. This includes Partners, Merchants, Businesses, Shops or Tokens. Use of any such linked website is at the user's own risk.
HummingPay may revise these terms of service for its website at any time without notice. By using this website or websites you are agreeing to be bound by the then current version of these terms of service.
These terms and conditions are governed by and construed in accordance with the laws of United States and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
HummingPay provides the service solely on the terms and conditions set forth in this Agreement and on the condition that You accept and comply with them. By using this You (a) accept this Agreement and agree that You are legally bound by its terms; and (b) represent and warrant that: (i) You are of legal age to enter into a binding agreement; and (ii) if You are a corporation, governmental organization or other legal entity, You have the right, power and authority to enter into this Agreement on behalf of the corporation, governmental organization or other legal entity and bind them to these terms.
This free service functions as a free to use and it does not constitute an account where We or other third parties serve as financial intermediaries or custodians of Your cryptocurrencies(s).
While the service has undergone beta testing and continues to be improved by feedback from users and developer community, We cannot guarantee there will not be bugs in the
service or software used with it. You acknowledge that Your use of this service is at Your own discretion and in compliance with all applicable laws. You are responsible for safekeeping Your passwords, private key pairs (PK), PINs, personal information and any other codes You use with and on this platform.
IF YOU LOSE ACCESS TO YOUR WALLET OR YOUR ENCRYPTED PRIVATE KEYS AND YOU HAVE NOT SEPARATELY STORED A BACKUP OF YOUR WALLET AND CORRESPONDING PASSWORD, YOU ACKNOWLEDGE AND AGREE THAT ANY CRYPTOCURRENCY YOU HAVE ASSOCIATED WITH THAT WALLET WILL BECOME INACCESSIBLE.
All transaction requests are irreversible. The authors of the Software, employees, partners and affiliates of HummingPay, cannot reverse transactions or retrieve Your private keys or wallet passwords as HummingPay has no control over the network.
THE SERVICE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OF THE SOFTWARE, HUMMINGPAY TEAM OR AFFILIATES OF HUMMINGPAY INCLUDING PARTNERS, BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SERVICE OR THE USE OR OTHER DEALINGS IN THE SERVICE OR SOFTWARE.
IN NO EVENT WILL HUMMINGPAY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE SOFTWARE, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.