HypoChlorous Terms and Conditions
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL
OF THESE TERMS IF YOU HAVE CREATED OR USED A HypoChlorous SERVICE OR HAVE CLICKED AN “I ACCEPT” BUTTON WITH
RESPECT TO THE USE OF HypoChlorous SERVICES.
THESE TERMS AND CONDITIONS ARE BETWEEN YOU (THE USER) AND HypoChlorous,
HypoChlorous IS A TECHNICAL SERVICE PROVIDER AND PROVIDES TECHNICAL SUPPORT AND SERVICES TO HypoChlorous. FOR THE
AVOIDANCE OF DOUBT, NOMAD CTS IS NOT REGISTERED OR AUTHORIZED BY ANY GOVERNMENTAL AGENCY TO PROVIDE MONEY
SERVICES, AND NOMAD CTS DOES NOT AT ANY TIME ENTER INTO THE POSSESSION OF FUNDS TRANSFERRED THROUGH THE HypoChlorous SERVICE AND PROVIDES ONLY TECHNICAL SERVICES AND NOT ANY PAYMENT SERVICE.
THE HypoChlorous WALLET IS INTEGRATED WITH ACCOUNTS PROVIDED BY VARIOUS SERVICE PROVIDERS. YOU ACKNOWLEDGE
THAT YOU UNDERSTAND YOU WILL ALSO BE SUBJECT TO THE TERMS AND CONDITIONS OF THE LINKED SERVICE PROVIDERS.
PLEASE NOTE THE FOLLOWING RISKS OF USING THE HypoChlorous SERVICES, WHICH ARE SET FORTH IN MORE DETAIL IN THE
RELEVANT SECTIONS OF THESE TERMS AND CONDITIONS: HypoChlorous MAY CLOSE, SUSPEND, OR LIMIT YOUR ACCESS TO YOUR
WALLET ACCOUNT AND THE HypoChlorous SERVICES IF YOU VIOLATE THESE TERMS AND CONDITIONS, OR ANY OTHER AGREEMENT
YOU ENTER INTO IN RELATION WITH THIS SERVICE, OR AS MAY BE OTHERWISE SPECIFIED IN THESE TERMS AND CONDITIONS.
THE HypoChlorous MAY ALSO USE FRAUD AND RISK MODELING WHEN ASSESSING THE RISK ASSOCIATED WITH YOUR EWALLET
ACCOUNT.
THESE TERMS AND CONDITIONS ARE SEPARATE AND INDEPENDENT FROM THE TERMS AND CONDITIONS OF THE SERVICE PROVIDERS,
WHICH GOVERN THE RELATIONSHIP BETWEEN YOU AND THE SERVICE PROVIDERS. BY AGREEING TO HypoChlorous TERMS AND
CONDITIONS YOU SHALL BE DEEMED TO AGREE TO THE TERMS AND CONDITIONS OF THE SERVICE PROVIDERS AS WELL.
1.Notices to HypoChlorous
Notices to HypoChlorous made in connection with this Agreement must be sent by postal mail to: HypoChlorous,
.
2.These Terms and Conditions
2.1. We may change these Terms and Conditions including without limitation changing the existing fee structure or
introducing new fees, from time to time. If so, We will notify You of changes in conformance with a time-frame
required by law.
2.2. The up-to-date version of these Terms and Conditions will be available through the Ewallet. You should
check the Ewallet regularly so that You can see the latest version. You will be bound by these Terms and Conditions
and any amendments made to them.
2.3. You will be taken to have accepted any change to these Terms and Conditions that We notify You about,
unless You tell Us that You do not agree with the particular change before the relevant change takes effect. In such
circumstance, We will treat Your notification to Us as notification that You wish to terminate these Terms and
Conditions immediately and We will close the account and any other related service and make reasonable efforts to
refund the balance to You.
3. Scope of these Terms and Conditions
3.1. These Terms and Conditions govern the Use of HypoChlorous’s Ewallet by You and any User. The funds
represented in Your Ewallet Account(s) are held by HypoChlorous and Service Providers, and no interest will be
paid to You on these. When You, or a User makes a debit Transaction, the value of the Transaction plus any
associated fees payable will be deducted from Your Ewallet Account(s) and Used to complete the Transaction. When
You, or a User makes a credit Transaction, the value of the Transaction minus any associated fees payable will be
credited to Your Ewallet Account(s).
4.Intellectual Property
The URLs representing the HypoChlorous Ewallet(s), HypoChlorous App, “HypoChlorous'' and all related logos of
Our products and services described in Our Ewallet(s) and the HypoChlorous App, are either copyrighted by HypoChlorous, trademarks or registered trademarks of HypoChlorous or its licensors. In addition, and with reference to
both HypoChlorous Ewallet(s) and HypoChlorous App, all page headers, custom graphics, button icons, designs and
scripts are either copyrighted by HypoChlorous, service marks, trademarks, and/or trade dress of HypoChlorous or
its licensors. You and any User may not copy, imitate, modify, alter, amend or Use them without Our prior written
consent. You and any User may not alter, modify or change these logos in any way, Use them in a manner that is
disparaging to HypoChlorous or the HypoChlorous Services or display them in any manner that implies HypoChlorous’s sponsorship or endorsement. All right, title and interest in and to the HypoChlorous Ewallet(s) and
HypoChlorous App and any content thereon is the exclusive property of HypoChlorous and its licensors.
When providing Us with content or posting content (in each case for publication, whether on- or off-line) Using the
HypoChlorous Services, You grant HypoChlorous a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database
rights and intellectual property rights You have in the content, in any media known now or in the future. Further,
to the fullest extent permitted under Applicable law, You waive Your moral rights and promise not to assert such
rights against HypoChlorous, its licensors, sublicensees or assignees. You represent and warrant that none of the
following infringe any intellectual property right: Your provision of content to Us, Your posting of content Using
the HypoChlorous Services, and HypoChlorous’s Use of such content (including all works derived from it) in
connection with the HypoChlorous Services.
You and any User may not in any way perform any activities whose objective is reverse engineering of the HypoChlorous App or Ewallet (collectively referred to as App). You and any User may not in any way perform any activities
whose objective is reverse engineering of the way HypoChlorous’s App technically works including APIs, technical
communication protocol, or technical protection measures. As an example, but not limited to, You may not:
- Decompile the HypoChlorous App;
- extract, Use, distribute any part of the HypoChlorous App in any form;
- analyze the technical communication protocol Used by HypoChlorous for providing HypoChlorous Services;
- perform any network packet inspection involving the HypoChlorous App;
- copy and Use any part of the technical communication protocol Used by the HypoChlorous App;
- investigate, bypass, disclose, publish in any form any technical protection measures Used by the HypoChlorous App
such as, but not limited to, authentication handshakes, protocol encryption, password authentication, code
obfuscation, code signing, that control access to the code, the service or any specific functionality provided by
the HypoChlorous App;
- modify, adapt, integrate into other products, translate and re-write into another language or in another manner the
HypoChlorous App;
- copy any code into a program You create as a result of reverse engineering of the HypoChlorous App;
5.Communication
5.1. Electronic Delivery of Communications
You agree and consent to electronic receipt of all Communications that We provide in connection with Your HypoChlorous Account and the HypoChlorous Services. Since the HypoChlorous Service is an electronic service, You agree
that HypoChlorous has no obligation to send, and You have no right to receive communications in paper form. We
will provide Communications to You by making them available through the HypoChlorous Services or by emailing them
to You at the primary email address listed in Your HypoChlorous Account profile. Electronic Communications shall
be deemed to be received by You upon delivery in the following manner: Posting them to Your HypoChlorous App, or
on Our Ewallet or making them available through the HypoChlorous Services.
The Nomad CTS and HypoChlorous may issue combined Communications for the sake of convenience and You hereby
consent to such joint Communications. You acknowledge and agree that such joint Communications shall not make Nomad
CTS or HypoChlorous responsible for the other’s services.
5.2. Checking for Communications and Updates
It is Your responsibility to log on to Your Ewallet Account and the HypoChlorous Services to open and review
Communications that We deliver to You through those means. We may but are not obligated under these Terms and
Conditions to provide You with notice of the posting of a Communication to Your Ewallet Account or the HypoChlorous Services. You are obligated to review Your notices and Transaction history, and to promptly report any
questions, Apparent errors, or unauthorized Transactions. Failure to timely contact the Ewallet Issuer may result in
loss of funds or important rights. You agree that We will not provide You with a separate periodic statement for
Your Use of the HypoChlorous Services unless You specifically request one, in which case You may be charged a fee.
You are responsible for reviewing the Transactions reflected in Your Transaction history, as made available in the
App.
6. Nomad CTS is only a technology service provider
Nomad CTS provides technical support to the provision of payment services to You by the Ewallet Issuer which enables
You to make payments transactions through the HypoChlorous App or HypoChlorous Ewallet. Nomad CTS is a licensor
and an independent contractor for all purposes and is not Your agent or trustee. Nomad CTS does not have control of,
or liability for, the products or services that are paid for through the HypoChlorous Services. Nomad CTS does not
at any time enter into the possession of funds transferred through the HypoChlorous Service and does not provide
any payment service activities to Users of the HypoChlorous Service. Nomad CTS does not guarantee the identity of
any User or ensure that a third party will complete a Transaction.
7.Ewallet Service
To Use the HypoChlorous Services, You will be issued a Ewallet, and You hereby authorize Us to share any
Information You provide to Us with the Ewallet Service Providers. We will use such Information that You provide in
accordance with Our privacy practices, including AML & fraud prevention.
Nomad CTS does not receive, hold, transfer or come into possession of Your funds. Nomad CTS provides the following
technical services: administering Your enrollment into the Service; receiving and relaying Your transfer
instructions for execution by HypoChlorous and Service Providers; reporting services regarding the funds held or
transferred for You by HypoChlorous, Service Providers; and associated customer support.
8.Ewallet Account
Transactions with Your Ewallet Account may be limited by Applicable limits set by Nomad CTS or HypoChlorous.
8.1. Reported Ewallet Account Balance
You acknowledge that balances and available funds reported via the HypoChlorous Services are only Approximate real
time balances, rather than the settled balances in Your Account. A real time balance may not take into account
pending debits. Despite this fact, HypoChlorous will provide You with information about pending debits as and when
it is available.
8.2. Loading Your Ewallet Account
To load Your Ewallet Account, You must request an electronic transfer from either HypoChlorous Your bank account
or another electronic account. In such a transaction, You are instructing HypoChlorous to instruct Service
Providers to accept electronic transfers via direct deposit, or from a debit account, in the amount You specify, and
to record the deposit of such funds into an account held by a third party and represented in Your Ewallet Account.
You can deposit money to Your Ewallet Account only from an account registered in Your name. Transfers from third
parties, including but not limited to companies, friends and family, will be returned to the sender's account after
deducting third-party processing fees. Regular employment and contract payments can be an exception. Please contact
HypoChlorous Customer Support in that case.
9.Identity Verification
You agree to cooperate with all requests made by Us or any of Our third-party Service Providers in connection with
Your Ewallet Account, to identify You, verify Your identity, or validate Your funding sources or Transactions. We
reserve the right to close, suspend, or limit access to Your Ewallet Account and/or the HypoChlorous Services in
the event We are unable to obtain or verify such Information. You authorize Us, directly or through third party
Service Providers, to make any inquiries We consider necessary to validate Your identity. This may include asking
You for further information, requiring You to provide Your date of birth, or other information that will allow Us or
third-party Service Providers to reasonably identify You, including requiring You to take steps to confirm ownership
of Your phone number or payment instruments or verifying Your Information against third party databases or through
other sources. We and Our third-party Service Providers may also ask you to take an image of Yourself, to see Your
driver’s license or other identifying documents at any time or proof of Your address.
10.Security
You are responsible for maintaining adequate security and control of Your mobile phone, any and all IDs, passwords,
personal identification numbers (PINs), or any other codes that You use to access the HypoChlorous Services,
HypoChlorous Ewallet and Your Ewallet Account. You should also carefully safeguard Your Ewallet. You agree to
immediately notify Us of any unauthorized Use of Your login credentials or other breach of security, either through
the App, by phone at (000)-00-0000 or by email at support@nomadewallet.com.
All Transactions are processed by automated methods, and anyone who obtains Your access credentials and/or mobile
phone could Use it to transfer Your money without Your permission. If You furnish Your mobile phone and/or HypoChlorous Services access credentials to a third party, a third party Uses Your login credentials, or You negligently
make Your mobile phone or access credentials available to a third party who then Uses them, You will be liable for
the Transactions conducted and other Use or misuse of Your Ewallet Account until and unless We and third-party
Service Providers have been notified otherwise. You are responsible for any Use or misuse with respect to Your login
credentials. We may require You to close Your Ewallet Account and open a new one, and/or change Your HypoChlorous
Services access credentials.
11.Methods of Sending, Spending, Requesting or Exchanging Money
By sending, spending, requesting, collecting, splitting or exchanging money, You authorize and instruct Nomad CTS to
communicate Your instruction to HypoChlorous and third-party Service Providers to execute the transaction. Once
You have provided Your authorization for the Transaction, You will not be able to cancel it, except as provided for
by Applicable law. You are solely responsible for confirming the accuracy of any Transactions made by You.
11.1. Refused and Refunded Transactions
When You send money, the recipient is not required to accept it. You agree that You will not hold HypoChlorous or
its third-party Service Providers liable for any damages resulting from a recipient’s decision not to accept a
payment. Any unclaimed, refunded or denied payment will be returned to You through the original Payment Instrument.
Any unclaimed payment will be returned to You within 30 days of the date You initiated payment.
11.2. Sending Money to a Non-HypoChlorous User
HypoChlorous Services may allow You to send money to someone who is not yet a HypoChlorous User. In all cases,
upon the sending of money, HypoChlorous will invite the non-HypoChlorous User to become a HypoChlorous User in
order to receive Your payment or to receive money in their bank account. As part of that process, You authorize
HypoChlorous to send mail, email, SMS messages, and push notifications to the non-HypoChlorous User on Your
behalf. If the non-HypoChlorous User decides to accept Your payment in their bank account, then HypoChlorous
will communicate these instructions to the Ewallet Issuer and Account Provider to execute the Transaction. A third
party may be instructed under an agreement with the Ewallet Issuer to complete the Transaction to the non-HypoChlorous User.
12.Restricted Activities
12.1. Activities
In connection with Your Use of the HypoChlorous Services, or in the course of Your interactions with Us, other
Users, or third parties, You will not:
- Breach these Terms and Conditions, or any other agreement or policy that You have agreed to with Us or Our
third-party Service Providers;
- Violate any law, statute, ordinance, or regulation;
- Use the HypoChlorous Services to purchase or sell, or to facilitate the purchase or sale of, illegal goods or
services, including, but not limited to: unlawful sexually oriented materials or services, counterfeit products,
unlawful gambling activities, fraud, money laundering, the funding of terrorist organizations, or the unlawful
purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances;
- Infringe HypoChlorous or any third party’s copyright, patent, trademark, trade secret or other intellectual
property rights, or rights of publicity or privacy;
- Provide false, inaccurate or misleading information;
- Instruct Us to send or receive what We reasonably believe to be potentially fraudulent funds on Your behalf;
- Refuse to cooperate in an investigation or provide confirmation of Your identity or any Information You provide to
Us;
- Attempt to “double-dip” during the course of a Dispute, Chargeback, Reversal or other investigation, with
“double-dipping” being defined as intentionally or knowingly receiving or intentionally or knowingly attempting to
receive funds from both HypoChlorous and a merchant or other payee for the same Transaction;
- Exercise Control or influence over another Ewallet Account that has engaged in any of these Restricted Activities;
- Conduct Your business or Use the HypoChlorous Services in a manner that is likely to result in or may result in
complaints, Disputes, Reversals, Chargebacks, fees, fines, penalties or other liability to HypoChlorous, other
Users, third parties or You;
- Use Your Ewallet Account or the HypoChlorous Services in a manner that We, our third-party Service Providers, or
any other electronic funds transfer network reasonably believes to be an abuse of any payment network or a violation
their rules;
- Allow Your Ewallet Account to have a negative balance;
- Take any action that imposes an unreasonable or disproportionately large load on Our infrastructure; facilitate any
viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or information; Use an anonymizing proxy; Use any robot,
spider, other automatic device, or manual process to monitor or copy Our Ewallet without Our prior written
permission; or interfere or attempt to interfere with the HypoChlorous Services;
- Take any action that may cause Us to lose any of the services from third-party Service Providers, payment
processors, or other suppliers;
- Circumvent any HypoChlorous policy or determinations about Your Ewallet Account such as temporary or indefinite
suspensions or other Ewallet Account holds, limitations or restrictions, including, but not limited to, engaging in
the following actions: attempting to create new or additional Ewallet Account(s) when a Ewallet Account has a
negative balance or has been restricted, suspended or otherwise limited; creating new or additional Ewallet Accounts
Using Information that is not Your own (e.g. name, address, email address, etc.); or Using someone else’s Ewallet
Account;
- Refuse to cooperate in an investigation or provide confirmation of Your identity or any Information You provide to
Us; or
- Use the HypoChlorous Services in a manner that We believe may be a violation of any Applicable electronic payment
network rules, or Applicable law.
- Use the HypoChlorous Services to trade FX for speculative purposes or for FX arbitrage.
- If Your Ewallet Account is Used to conduct (or to attempt to conduct) Transactions that We believe are not
permitted by these Terms and Conditions (such as one of the activities set forth above) or Applicable law, We may,
in Our sole discretion, and without waiving any of Our rights, freeze, close, suspend, terminate or limit Your
access to the HypoChlorous Services. We reserve the right to refuse to facilitate any Transaction.
12.2. Actions
If We, in Our sole discretion, believe that You may have engaged in any Restricted Activities, We may take various
actions to protect Ourselves, other Users, other third parties, or You from liability. The actions We may take
include but are not limited to the following:
- We may close, suspend, or limit Your access to Your Ewallet Account or the HypoChlorous Services (such as
limiting access to any of Your Payment Methods, and/or Your ability to send money, make withdrawals, or remove
financial Information).
- We may contact Users who have Transacted with You, contact Your bank or debit Ewallet issuer, and/or warn other
Users, law enforcement, or impacted third parties of Your actions;
- We may update inaccurate Information You provided Us;
- We may refuse to provide the HypoChlorous Services to You in the future;
- We may take legal action against You; and
- We in our sole discretion, reserve the right to terminate these Terms and Conditions, access to an Ewallet, or
access to the HypoChlorous Services for any reason and at any time upon notice to You.
13.Fraud Monitoring
We may monitor Your Transactions for the purpose of determining fraudulent activity and whether You are in good
standing. Based on Our methods, which are subject to change without notice, We may decide to suspend Your Ewallet
Account, or in other ways limit Your privileges. We will use all available information to help combat fraud on Our
system. If You believe Your Ewallet Account has been opened or Used in an unauthorized manner in connection with a
Transaction, please contact Us.
14.Lost, stolen or & unauthorised transactions
You should treat the value on the Ewallet Account like cash. If the Ewallet or credentials to the Ewallet are lost
or stolen or there is unauthorised Use of a Ewallet, You may lose some or all of the value on Your Ewallet Account
in the same way as if You lost cash. If You believe that any Transaction posted to Your Ewallet Account is
unauthorised, has been posted in error or is otherwise incorrect, You must let Us know immediately by contacting
Customer Support. We may require You to provide details in writing. You may be required to help Us, Our agents or
any enforcement agency, at Our request, if a Ewallet is lost or stolen or if We suspect a Ewallet is being misused.
If an Ewallet is reported lost or stolen, We will cancel it and may issue a new one. A fee may Apply. If You or a
User finds the Ewallet after it has been reported lost, stolen or misused, You must disable it and inform Us
immediately.
15.Location-Based Data
You may opt-out of providing location data through Your mobile device; Unless You opt-out of providing location
data, You consent to the collection, Use, sharing, and onward transfer of location data, as further set forth in the
Privacy Policy.
16.Transactions made in foreign currencies
16.1. If You use Your Ewallet to purchase goods or services or withdraw cash in a currency other than the currencies
of Your Ewallet Account or if in order to facilitate any of Your Transactions in in Your Ewallet Account need to be
converted, then such Transaction will be converted to the required currency on the day of the Transaction. HypoChlorous and the Ewallet Issuer will Use a reliable and reputable exchange rate at the time of the transaction. A good
guide for the exchange rates on each day is the Mastercard Currency Conversion Tool:
https://www.mastercard.Us/en-Us/consumers/get-support/convert-currency.html.
16.2. We reserve the right to revert foreign exchange trades done with You if traded prices differ from market
rates due to any external factors such as volatile market conditions, system failure or any other external factors.
16.3. We will make every effort to provide You with the best possible FX rates. However, in certain
circumstances it is not possible due to the FX market being closed, e.g., Weekends or holidays. In such cases We
might provide FX rates different from the last closed price to reflect a possible price gap on the market open.
17.Release
If You have a Dispute with HypoChlorous or one or more Users, or third-party Service Providers, You release Nomad
CTS (and its affiliated companies their respective officers, directors, agents, joint ventures, employees and
suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known
and unknown, arising out of or in any way connected with such Disputes. You agree that You will not involve Nomad
CTS in any litigation or other Dispute arising out of or related to any Transaction, agreement, or arrangement with
any User, HypoChlorous, advertiser or other third party in connection with the HypoChlorous Services. If You
attempt to do so, (i) You shall pay all costs and attorneys’ fees of Nomad CTS and its affiliates and shall provide
indemnification as set forth below.
18.Change in service providers
We have the right to change any of Our third-party Service Providers, with or without notice, that We, in Our sole
discretion, deem to be reasonable in the circumstances. You agree to cooperate with Us and any Service Providers
selected by Us as reasonably required for the Service or to perform related services for which it is responsible.
19. HypoChlorous is not an Emoney Issuer, Service Business, or Processor
19.1. Nomad CTS is a technical service provider and is not a bank or other financial institution. Your conducting
Transactions Using the HypoChlorous Services are between You HypoChlorous and third-party Service Providers, and
not with Nomad CTS or any affiliates. Nomad CTS is not a party to Your Transactions.
19.2. In order to Use the HypoChlorous Services You will be issued a HypoChlorous branded Ewallet by
HypoChlorous and You hereby authorize Us to share any information You provide to Us with third-party Service
Providers. HypoChlorous will Use such information that You provide in accordance with its privacy practices,
including AML & fraud prevention. HypoChlorous may hold funds that are due to be paid to you and represented in
your Ewallet, prior to their being transferred at your direction.
19.3. Nomad CTS does not receive, hold, transfer or come into possession of Your funds. Nomad CTS provides the
following technical services: administering Your enrollment into that service; receiving and relaying Your transfer
instructions for execution by the Ewallet Issuer and Account Providers; reporting services regarding the funds held
or transferred for You by the Ewallet Issuer and Account Providers; and associated customer support.
20.Customer Support
If You have an inquiry regarding a payment made with HypoChlorous, or You believe there has been an error or
unauthorized Transaction, please contact the HypoChlorous Customer Support immediately. Customer Support can be
contacted via App, email at support@nomadewallet.com or via phone at (000)-00-0000.
21.Recording calls
You understand and agree that HypoChlorous may, without further notice or warning and in Our discretion,
monitor or record the telephone conversations You or anyone acting on Your behalf has with HypoChlorous or its
agents for quality control and training purposes or for its own protection. You acknowledge and understand that,
while Your communications with HypoChlorous may be overheard, monitored, or recorded without further notice or
warning, not all telephone lines or calls may be recorded by HypoChlorous, and HypoChlorous does not guarantee
that recordings of any particular telephone calls will be retained or retrievable.
22.Closing Your Ewallet Account
22.1. How You May Close Your Ewallet Account
If You wish to close Your Ewallet Account, You must do so using the Ewallet, contacting us by phone at (000)-00-0000, or by email at support@nomadewallet.com. If You make such a request, HypoChlorous will take certain steps to verify Your identity and You agree to cooperate in such verification. Once HypoChlorous has verified Your identity and confirmed You wish to close Your Ewallet Account, Your Account will be closed
and any pending instructions will be cancelled.
22.2. Limitations on Closing Your Ewallet Account
You may not close Your Ewallet Account to evade an investigation. If You attempt to close Your Ewallet Account while
We are conducting an investigation, it may freeze the account to protect all parties to the HypoChlorous Services,
its affiliates, or a third party against any liability. You will remain liable for any obligations related to Your
Ewallet Account even after the Ewallet Account is closed.
23. Indemnification
You agree to defend, indemnify and hold the parties to these Terms and Conditions, Our affiliates and the
officers, directors, agents, joint venturers, employees and suppliers of HypoChlorous harmless from any claim or
demand (including attorneys’ fees) made or incurred by any third party due to or arising out of Your breach of these
Terms and Conditions, Your improper Use of the HypoChlorous Services, and/or Your violation of any law or the
rights of a third party.
24.Limitations of Liability
In no event shall We, Our affiliates, and the officers, directors, agents, joint venturers, employees and
suppliers of HypoChlorous be liable for lost profits or any special, incidental or consequential damages arising
out of or in connection with Our Ewallet, the HypoChlorous services or these Terms and Conditions, however
arising. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above
limitation or exclusion may not Apply to You. The liability of HypoChlorous and related parties to You or any
third parties in any circumstance and in the aggregate is limited to US$50. In addition, to the extent permitted by
Applicable law, We are not liable, and You agree not to hold Us responsible, for any damages or losses (including,
but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special,
indirect, or consequential damages) resulting directly or indirectly from:
(1) Your Use of or Your inability to Use
the HypoChlorous Services;
(2) Delays or disruptions in the HypoChlorous Services;
(3) Viruses or other
malicious software obtained by accessing the HypoChlorous Services or any associated site or service;
(4) Glitches, bugs, errors, or inaccuracies of any kind in the HypoChlorous Services;
(5) The content, actions, or
inactions of third parties;
(6) A suspension or other action taken with respect to Your Ewallet Account;
(7) Your need to modify practices, content, or behavior, or Your loss of or inability to do business, as a result of changes
to these Terms and Conditions or HypoChlorous’s policies.
HypoChlorous reserves the right to modify its policies and these Terms and Conditions at any time consistent with
the provisions outlined herein.
25.No Warranty
The HypoChlorous Services are provided “as is,” “as available” and without any representation or warranty,
whether express, implied or statutory. HypoChlorous, and the officers, directors, agents, joint venturers,
employees and suppliers of HypoChlorous, Our affiliates, make no representation or warranty of any kind whatsoever
for the services or the content, materials, information and functions made accessible by the HypoChlorous Services
Used on or accessed through the HypoChlorous Services, or for any breach of security associated with the
transmission of sensitive information through the HypoChlorous Services. We do not warrant that the functions
contained in the HypoChlorous Services will be uninterrupted or error free. We shall not be responsible for any
service interruptions, including, but not limited to, system failures or other interruptions that may affect the
receipt, processing, acceptance, completion or settlement of payment transactions or the HypoChlorous Services. We
specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and
non-infringement.
HypoChlorous does not have any control over the products or services that are paid for with the products made
available through Our Services. HypoChlorous is not responsible for the quality, performance, or any consequential
results of the products and or services purchased during the transactions. HypoChlorous cannot ensure that a
merchant You are dealing with will actually complete the transaction or is authorized to do so. HypoChlorous does
not guarantee continuous, uninterrupted or secure access to any part of the HypoChlorous Services, and operation
of the HypoChlorous Services may be interfered with by numerous factors outside of Our control. HypoChlorous
will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and
Ewallets are processed in a timely manner but HypoChlorous makes no guarantees or warranties regarding the amount
of time needed to complete processing because the HypoChlorous Services are dependent upon many factors outside of
Our control, such as delays in the banking system. Some states do not allow the disclaimer of implied warranties, so
the foregoing disclaimers may not Apply to You. This paragraph gives You specific legal rights and You may also have
other legal rights that vary from state to state.
26.Complete Agreement
These Terms and Conditions set forth the entire understanding between You and Us with respect to the HypoChlorous Services. Any other terms which by their nature should survive, will survive the termination of these Terms
and Conditions. Unless stated otherwise in these Terms and Conditions, if any provision of these Terms and
Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall
be enforced.
27.Force Majeure
We shall not be liable for any delays in processing or other nonperformance caused by such events as fires,
telecommunications failures, utility failures, power failures, equipment failures, software failures, labor strife,
riots, war, terrorist attack, nonperformance of Our vendors or suppliers, acts of God, or other causes over which We
have no reasonable control, and nothing in this section will affect or excuse Your liabilities and obligations under
these Terms and Conditions.
28.Governing Law
You agree that the laws of the state of Utah in the United States, without regard to principles of conflict of
laws, will govern these Terms and Conditions and any claim or Dispute that has arisen or may arise between You and
HypoChlorous.
SCHEDULE 1 – DEFINITIONS
“Ewalletholder Agreement” means the “HypoChlorous Ewallet’s Terms and Conditions.
“Ewallet” means a HypoChlorous-branded Ewallet issued to You by Us.
“Ewallet Account” has the meaning given in the Ewalletholder Agreement.
“Communications” means any HypoChlorous Account or Transaction information provided to You, including: any
agreements and policies You agree to, (e.g., these Terms and Conditions) including updates to these agreements or
policies; disclosures and notices, including prospectuses and reports for transaction receipts or confirmations;
HypoChlorous Account statements and history; and payments authorizations and transaction receipts or
confirmations; documents; and any other information related to Your HypoChlorous Account or the HypoChlorous
Services.
“Information” means any confidential and/or personally identifiable information or other information, including but
not limited to the following: name, email address, date of birth, tax identification number, billing/shipping
address, phone number and financial information.
“Mobile App” or “App” or “HypoChlorous App” means the Application on Your mobile device through which You Use the
HypoChlorous Services.
“HypoChlorous” means HypoChlorous
“HypoChlorous User” or “User” means any person or entity Using the HypoChlorous Services including You and other
HypoChlorous Members.
“HypoChlorous Services” means the services that allow Users to make (i) Ewallet Transactions; (ii) transfer monies
to other Users or Non-Users; or (iii) withdraw monies from Your Ewallet Account Using a mobile device, HypoChlorous Ewallet, the internet or other technologies through which HypoChlorous may choose to offer its services from
time to time.
“HypoChlorous Wallet” means the digital interface that allows You to add, manage and access Payment Instruments,
conduct payment transactions and make other permitted Uses of the HypoChlorous Services. “Payment Instrument"
means a Ewallet Account, a Registered Bank Account, or the HypoChlorous Ewallet.
“Transaction” means the Use of the HypoChlorous Services to instruct a third party to send/receive/exchange funds
on Your behalf for a purpose permitted hereunder.
“Us” or “We” means HypoChlorous, Nomad CTS, and third-party Service Providers that act to enable your requests in
the Ewallet.
SCHEDULE 2 – FEES Summary
You are liable for paying all fees arising from Your Use of the HypoChlorous Services. The fees and spending
limits on the Ewallet are displayed prior to Your approval of a transaction, and set out in the documents area of
the Ewallet and/or on the Ewallet App.
You may also be subject to the terms and conditions of third-party Service Providers. It is Your
responsibility to check before proceeding with Your Transaction.
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