Galaxy Hashrate Service Agreement
This Galaxy Hashrate Service Agreement (“Agreement”) is made by and entered into between the Galaxy Hashrate Mining Power Sharing Platform (“Galaxy Hashrate” or “We”) and the User ("User" or "You") of Galaxy Hashrate services and/or the website “www.galaxyhashrate.com” (“Galaxy Hashrate Website”). This Agreement provides for the rights and responsibilities of both Galaxy Hashrate and the User. By using Galaxy Hashrate services and/or Galaxy Hashrate Website, you agree to comply with all the terms and conditions of this Agreement. If you do not agree, please do not use the Galaxy Hashrate service and/or Galaxy Hashrate Website.
1. Basic Matters
1.1 Galaxy Hashrate reserves the right to amend the terms and conditions of this Agreement at any time at its sole discretion. You shall check this Agreement for the latest version from time to time. This Agreement and/or its amendment, if any, will come into force as of the date when they are published on the Galaxy Hashrate Website (or another date as designated). By continuing to use Galaxy Hashrate services and/or Galaxy Hashrate Website after the publication of this Agreement and/or its amendment, if any, you will agree to comply with this Agreement and/or its amendment.
1.2 If you object to any change to this Agreement or are dissatisfied with any Galaxy Hashrate service, you shall immediately: (1) stop using Galaxy Hashrate services; (2) notify us to stop service via our customer service office. Your right to use Galaxy Hashrate services will be terminated immediately upon termination of our service.
2. User Registration
2.1 You hereby represent and warrant to us and it is deemed that each time you use Galaxy Hashrate services you will represent and warrant again to us that:
(1) you are at the age of 17 or above with full civil capacity, if you are a natural person;
(2) you are duly incorporated, existing validly and in good standing according to the law of the jurisdiction where you are located, if you are an entity;
(3) you agree to comply with the applicable laws, regulations, and policies in your jurisdiction where you use our services and not to violate your obligations to any other third party; and
(4) you have the power to use Galaxy Hashrate services and fulfill the related obligations, and this Agreement and/or related service purchase orders are valid and binding upon you.
2.2 With respect to the data and information you provide upon registration (“Registration Information”), you agree that:
(1) the Registration Information you provide is legal, true, correct and complete;
(2) If there is any change to your registration Information, you will inform us. If the registration information is illegal, untrue, incorrect or incomplete, you will bear all the corresponding responsibilities and consequences.
(3) Galaxy Hashrate reserves the right to impose restrictions on your account, or to suspend or terminate your right to use Galaxy Hashrate services according to your registration information, our compliance and internal risk control policy;
(4) Unless with our prior written consent, each user is allowed to have only one account;
(4) For the purpose of compliance, e.g. KYC (know your customers) and/or anti-money laundering, Galaxy Hashrate reserves the right to request you to provide PII (personally identifiable information) and/or financial information;
(5) You have to enter your username and password when using some features of the Galaxy Hashrate service. If you are unable to access your account for such reasons as forgetting your password, Galaxy Hashrate has the right to request from you such information as PII, etc. including but not limited to proof of identity, proof of residence, telephone number/email address and any identifiable activity information on the website, e.g. transaction ID, order number, the amount withdrawn, etc. You acknowledge that you will not share your username and/or password with others, nor allow any other the third party to use your account. Galaxy Hashrate will not be liable for any improper use of your account or password by you or any other third party and for any consequences or losses arising from such improper use. If you believe that your username and/or password are known to others or that your account has been used by someone other than yourself, you shall notify Galaxy Hashrate immediately.
3. Notice of Risks
3.1 You understand and acknowledge that holding, trading, investing in and using services related to digital currency will involve risks. The risks listed in this Article 3.1 are not exhaustive. Such risks, and others existing now or in the future, may prevent you from receiving any benefits, cause you to suffer financial losses, or even cause our services to be terminated:
(1) Financial, regulatory or other risks may exist in any use of digital currency or relevant products and services. You shall ensure that you have good knowledge and experience of or in the functions and risks of blockchain technology, digital currency and smart contract before using any digital currency or relevant products and services. Your decision to participate in any digital currency activity and/or use relevant services shall be based on any independent investigation and/or consultation with professionals you deem necessary. Galaxy Hashrate will assume that by using our service, you are a professional who understands the digital currency industry and the risks related to digital currency products. This Agreement and any Galaxy Hashrate service shall not constitute any of our investment advice given to you;
(2) The value of any computing power sharing package (“Package”) and any amount of any digital currency provided by Galaxy Hashrate maybe impacted by many factors beyond the control of Galaxy Hashrate, including without limitation, mining difficulties and/or change of other mining parameters/attributes, market price fluctuation of digital currency, obsolescence and amortization of hardware (e.g. mining equipment), etc.;
(3) Due to the nature of the digital currency, the value of any digital currency may be lost partially or in whole at any time. You hereby acknowledge that you understand the value of any digital currency may decrease quickly (even to zero). Galaxy Hashrate will not be liable for any and all losses caused by market price fluctuation of any digital currency;
(4) Galaxy Hashrate will maintain or upgrade the system from time to time. You acknowledge that you will not expect that services provided by Galaxy Hashrate to remain ongoing without interruption. Unless otherwise agreed upon by both parties, Galaxy Hashrate will not be liable for any losses caused by any suspension or interruption during the course of such maintenance or upgrade.
(4) There is no identity check or computer security technology that is 90% safe and secure. You agree to bear all risks related to hacking or identity theft.
(5) You understand and agree that Galaxy Hashrate reserves the right to publish, modify and/or provide service-related information through websites, emails, customer service calls, SMS and other official channels. Galaxy Hashrate is not responsible for information obtained through other sources except the official channel of Galaxy Hashrate. If you have any questions about the authenticity of the information sent in the name of Galaxy Hashrate, please contact us immediately.
4. Use of Digital Currency
4.1 You shall not mine, buy, sell, exchange, hold and/or otherwise use any digital currency in any manner prohibited by the laws and regulations that apply to you;
4.2 Before purchasing any service package provided by Galaxy Hashrate, you shall check if the package suits your financial capabilities and risk preferences. By purchasing any Galaxy Hashrate service package, you acknowledge, understand and accept the risks associated with any mining, purchase, sale, exchange, holding or use of digital currencies, including without limitation:
(1) The heavy fluctuation of currency price: including the fact that the price of any digital currency, including bitcoin, may fall sharply, or even to zero;
(2) An extended period of time may be required to confirm any digital currency trading. Although the probability is low, it is possible that some digital currency trading may never be confirmed. Any digital currency trading that is not confirmed is deemed unfinished;
(3) Digital currency trading is irreversible: if you send any amount of digital currency to any wrong recipient or account, you cannot cancel the transaction or withdraw the funds;
(4) If you lose or forget any PIN or password required to access and use such digital currency, the digital currency maybe lost or unavailable to you;
(5) There may be inherent unknown technical defects existing in the blockchain (or digital currency) technology; and
(5) New laws, regulations and/or policies that impacts the use of digital currencies may be issued or promulgated in some countries/regions.
5.1 Service package charges (“Charges”) include computing power fees and electricity fees.
5.2 Computing power fee: The computing power fee collected by Galaxy Hashrate is calculated at the current price based on the certain digital currency market, the futures market forecast, and the computing power attenuation, etc.
5.3 Electricity fee: The electricity fee collected by Galaxy Hashrate will be used to cover electricity, mining rig operation, heat dispersion and so on.
5.4 You understand and agree that the Charges that Galaxy Hashrate collects from you are set forth on the relevant page. If you refuse to accept the fees as specified on the service package page, you shall not place an order for that Package with Galaxy Hashrate.
5.5 You understand and agree that the mining difficulty will change with the computing power of the whole network. Galaxy Hashrate reserves the right to adjust the Charges from time to time; however, any package that has been sold to users before such adjustment will not be affected.
5.6 You understand and agree: The price of the cloud mining power package is priced in US dollars (Rupee). Galaxy Hashrate mining power takes the average of the real-time exchange rates published on multiple websites and converts the mining machine sharing package price into equivalent bitcoins, USDT, bitcoin cash, and other virtual currencies. Users can choose to use the corresponding currency to pay. In case of abnormal exchange rate or technical failure of the exchange, Galaxy Hashrate has the right to choose the exchange rate data of other exchanges. In the event of abnormal fluctuations in the Bitcoin market, Galaxy Hashrate has the right to manually adjust the USD exchange rate. (The exchange rate is taken from Bitfinex, Bitstamp, Poloniex, Kraken, Investing, Coinmarketcap, Coinbase, etc.)
6.1 Galaxy Hashrate bridges users and mine pools. Through the Galaxy Hashrate service, you can link the computing power bought from Galaxy Hashrate to the mining pool you designate and you can view the mining conditions in real-time by accessing the website of the designated pool;
6.2 When you link the computing power purchased from Galaxy Hashrate to a certain mining pool, you will be charged a service fee, which is determined and collected by the pool;
6.3 You understand that the digital currency, if any, acquired from mining after the computing power corresponding to the package you purchased is linked to the mining pool will be issued directly by the mining pool with computing power linked and not via Galaxy Hashrate, to the address of digital currency wallet you designate in the PPS mode (or its derivative, e.g. FPPS, PPS +). You shall confirm that the digital currency wallet address as designated is suitable to acquire the digital currency as mined. Both Galaxy Hashrate and the aforementioned mining pool will not be liable for any loss of mining earnings due to the fact that there is a maximum amount limit and other restrictions imposed by the digital currency wallet address you provide to receive earnings.
6.4 The mined digital currency (if any) will be issued at the time designated by the aforementioned mining pool, so you understand that it does not depend on Galaxy Hashrate.
6.5 You understand and acknowledge that Galaxy Hashrate has not provided and will not provide any warranty for your future earnings. Any future earnings or yields (or rate of return) mentioned on Galaxy Hashrate Website or any Galaxy Hashrate page is only an estimate or assumption. The amount of your actual earnings will depend on many factors, e.g. the market price of digital currency, the computing power difficulty throughout the network, the luck value of the mining pool, and the proportion of service fees collected by the mining pool, etc.
7. Order Payment, Cancellation, Change and Refund
7.1 You may purchase any Package by using any payment means supported by Galaxy Hashrate;
7.2 If you choose to purchase a Package using digital currency transfer, you shall transfer the digital currency to the account provided by Galaxy Hashrate and the amount depends on the sum of dollar orders, the exchange rate between the US dollar and the digital currency used for payment upon purchase, and network transfer fees (maybe subject to third party terms and charges);
7.3 If you fail to provide payment within a certain period (the length of which depends on the payment method) after an order is placed, the status of the order will change to “overdue” by Galaxy Hashrate. Galaxy Hashrate will not handle any request related to any overdue order and you are not obligated to pay for your overdue order;
7.4 If the amount received by Galaxy Hashrate is lower than that of the Charges, Galaxy Hashrate reserves the right to decide before activating the corresponding Package at its sole discretion
(1) Adjust the said Package so that the received amount matches the service provides by Galaxy Hashrate; or
(2) Refuse to activate the Package you ordered until all arrears are paid;
7.5 If the amount received by Galaxy Hashrate is higher than that of the Charges, you may choose to request Galaxy Hashrate
(1) adjust the Package according to that amount; or
(2) add the excess to the balance in your Galaxy Hashrate account; or
(3) return the excess to you in a manner deemed acceptable by Galaxy Hashrate at your responsibility for any additional charges (e.g. third-party fees).
7.6 Your transfer to Galaxy Hashrate may be delayed due to digital currency confirmation or third-party delay, etc. You agree that Galaxy Hashrate has the right to activate the relevant Package after receiving the full amount;
7.7 You agree and understand that in the absence of an application to settle a payment dispute (“Payment Dispute Settlement Application”), if any, Galaxy Hashrate is not obligated to settle any payment-related issue or dispute.
(1) Within 14 days of payment, you have the right to contact Galaxy Hashrate Customer Service and present evidence of payment deemed acceptable by Galaxy Hashrate for Payment Dispute Settlement Application. Galaxy Hashrate reserves the right to reject any such application if it is submitted after this 14-day period;
(2) Galaxy Hashrate has the right to request you to provide the payment evidence acceptable to Galaxy Hashrate if there are reasonable grounds for Galaxy Hashrate to suspect non-payment, or you have actually not paid, for the Package which has been activated for you. Within 14 days of receiving the request, you shall provide the payment evidence deemed acceptable by Galaxy Hashrate;
(3) Payment evidence includes but is not limited to Galaxy Hashrate order number, transaction ID or number, destination, user account or address provided by the User, transferred amount, and transaction record and/or account statement of the payment system;
(4) Galaxy Hashrate reserves the right to reject any Payment Dispute Settlement Application if you file such an application to Galaxy Hashrate, but (a) you fail to provide the payment evidence or other document deemed acceptable by Galaxy Hashrate within 14 days, or (b) Galaxy Hashrate reasonably believes that the evidence is insufficient or invalid.
7.8 If Galaxy Hashrate has reason to believe that there is a payment dispute between Galaxy Hashrate and you, Galaxy Hashrate reserves the right to adjust or cancel the aforementioned Package and/or adjust the balance in your account.
7.9 To the maximum extent permitted by law, both parties acknowledge that all purchased Packages are final and non-refundable unless otherwise expressly agreed upon in writing. Galaxy Hashrate reserves the right to provide a refund at its sole discretion. If Galaxy Hashrate decides to refund your payment or your payment for a specific Package, it does not mean that Galaxy Hashrate agrees or is obligated to make such refund in the same or similar circumstance in the future. Such refund does not affect any legal rights that may apply;
7.10 You acknowledge that if you request to terminate your Package due to unsatisfactory mining revenues or because of the mining service is not as expected, etc. after the Package has been activated, Galaxy Hashrate will not refund the computing power fee, except for the electricity fee that has not been consumed;
7.11 If Galaxy Hashrate provides a refund according to this Agreement or the applicable laws, any additional costs (e.g. third-party fees) arising therefrom shall be solely borne by the User.
7.12 In no event shall you request for refund with respect to your Package if it has been used up.
8. Restrictions and Obligations
8.1 You shall not use any Galaxy Hashrate service for any illegal purpose, nor
(1) Support, incite or participate in any terrorist activity;
(2) Participate in any money laundering;
(3) Fabricate or distort facts, spread rumors, or disturb the social order;
(4) Promote or create any obscene, pornographic, violent, murderous and / or terrorist content;
(5) Otherwise violate the applicable laws and regulations;
8.2 You agree to comply with all applicable laws and regulations, this Agreement and all rules and policies published from time to time by Galaxy Hashrate in connection with Galaxy Hashrate Website and Services.
8.3 You agree that you will pay all taxes arising from the use of Galaxy Hashrate services.
8.4 You agree and acknowledge that you are using Galaxy Hashrate services only for your benefit, not on behalf of others, nor for other third parties’ benefit.
8.5 You agree to inform Galaxy Hashrate promptly if you discover or suspect that any third party is using Galaxy Hashrate services fraudulently or inappropriately.
8.6 You shall not have more than one account on Galaxy Hashrate Website in any way unless with the prior written consent of Galaxy Hashrate. You shall not register more than one account for profits, rewards or coupons;
8.7 You shall not participate in any event that may impair Galaxy Hashrate’s services and/or Website security;
8.8 You shall not block your Internet traffic and IP addresses in any way (e.g. Proxy, Tor, VPN, etc.), nor use other technical services that conceal your real Internet connection;
8.9 All intellectual property rights in or to any content displayed on Galaxy Hashrate Website, including but not limited to articles, pictures, news, materials, website structure, website layout or website design, are exclusively owned by Galaxy Hashrate or its licensor (if any) unless otherwise stated. You shall respect the intellectual property rights of Galaxy Hashrate and its licensor (if any).
8.10 You shall not engage in any commercial activities and/or use the information/data on the Website in the name of Galaxy Hashrate without its prior authorization or permission;
8.11 You hereby represent and warrant that your use of Galaxy Hashrate services will not adversely affect Galaxy Hashrate's reputation or cause Galaxy Hashrate to assume legal liabilities or other fines, penalties or sanctions;
8.12 You understand that Galaxy Hashrate services are banned in the following countries or regions: Balkans, Belarus, Burma, Cote D’Ivoire (Ivory Coast), Crimea – Region of Ukraine, Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Sudan, Syria, Venezuela, Zimbabwe, Hong Kong, and mainland China. Please note that the list of such countries or regions may not be exhaustive. Before using Galaxy Hashrate services, you shall confirm that your use of Galaxy Hashrate services is lawful in your country/region. All legal risks and liabilities for the reason that any use of Galaxy Hashrate services is deemed lawful in your country/region shall be borne by you.
8.13 If you have violated the provisions of this Article 8, Galaxy Hashrate has the right to suspend or terminate our service and take all necessary measures to the extent permitted by the applicable laws and regulations.
9. Breach of Contract
9.1 In case of any breach of this Agreement (including without limitation failure to pay service fees duly or the fact that any use of Galaxy Hashrate service is illegal in the User’s country or region, etc.), Galaxy Hashrate reserves the right to suspend or terminate service immediately and take all necessary measures to the extent permitted by the applicable laws and regulations, including without limitation by requesting the User to compensate for the relevant losses suffered by Galaxy Hashrate;
9.2 If Galaxy Hashrate has reasonable grounds to suspect that you use Galaxy Hashrate services illegally, fraudulently or inappropriately, Galaxy Hashrate reserves the right to suspend the service to you until you can provide the compliance certificate acceptable to Galaxy Hashrate.
10. Limitation of Liability
10.1 The Package provided by Galaxy Hashrate corresponds to real computing power. You understand and acknowledge that fluctuation of real computing power is inevitable and Galaxy Hashrate does not warrant that the computing power corresponding to the Package can run 90% stably. Except for the following circumstances, Galaxy Hashrate will not compensate in any other circumstances (including without limitation digital currency price fluctuation, inherent attribute change of digital currency, computing power difficulty throughout the network, luck value of mining pool, service fee rate of mining pool, etc.).
(1) If the computing power of a Package drops to zero due to power outage and/or mining pool maintenance, Galaxy Hashrate will compensate for lost time at a ratio of 1:1 (1 hour’s mining for 1 hour’s power outrage; the actual makeup will be as shown on the User page) for the affected Package (except for the wet season). The hours of such makeup will be made to follow the normal closing time of that Package.
10.2 Galaxy Hashrate services may be prevented by some risks, including without limitation Acts of God, telecommunication operator’s regulation, computer virus, hacking, war, strike, riot, government act or city-level power failure, etc., which may impair timeliness, security and accuracy, etc. of Galaxy Hashrate services. Galaxy Hashrate will not be liable for such risks and will be exempted from any such liability to the maximum extent permitted by the applicable laws and regulations.
10.3 User's consent: Any third-party link provided by Galaxy Hashrate is only for convenience and reference. It shall not constitute Galaxy Hashrate’s acknowledgment of such link or any content shown thereon. Since such link is out of Galaxy Hashrate’s control, Galaxy Hashrate cannot guarantee that the link is safe and free of viruses. Galaxy Hashrate will not be liable for any loss caused by your access to such link and any other third-party link out of Galaxy Hashrate’s control.
10.4 You understand and agree that unless with Galaxy Hashrate’s prior written consent, under no circumstances, will Galaxy Hashrate be liable for the following losses or the losses caused by:
(1) loss of trading profits;
(2) service interruption (not caused by Galaxy Hashrate’s intentional misconduct);
(3) damage to or loss of data/information not caused by Galaxy Hashrate’s intentional misconduct;
(4) computing power extinction or withdrawal from the market;
(5) implementation or change of laws, regulations or policies;
(6) user's fault or violation of this Agreement (including but not limited to providing Galaxy Hashrate with incorrect information, or disclosing your password to a third party, etc.); or
(7) other events out of Galaxy Hashrate’s control.
10.5 You agree and accept that you will indemnify and hold Galaxy Hashrate and its officers, directors, employees, affiliates and their respective successors and assigns harmless against any and all liabilities, claims, losses, fines and costs (including but not limited to legal fee and reasonable attorney’s fee) arising from your breach of the applicable laws and regulations or this Agreement or any third party’s rights.
10.6 You agree that all liabilities of Galaxy Hashrate to you under this Agreement shall not exceed all service fees you have paid to Galaxy Hashrate.