Terms & Conditions – HydroMiner Online Shop & Mining Portal

Please read this agreement carefully before purchasing our products or services at the HydroMiner IT-Services GmbH online shop. By purchasing our products and services or redeeming your H2O tokens, you indicate your acceptance of this agreement and its terms and conditions.

FOREWORD

Our customers are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following terms and conditions with you in mind, as well as to protect our company. So please bear with us as we take you through this legal formality.

If you have any questions, please don’t hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at [email protected]

PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HYDROMINER IT-SERVICES GMBH
BY USING, PURCHASING OUR PRODUCTS OR SERVICES YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

  1. Overview
    • This website is operated by HydroMiner IT-Services GmbH. Throughout the site, the terms “we”, “us” and “our” refer to HydroMiner IT-Services GmbH. HydroMiner IT-Services GmbH offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
    • By visiting our site and/ or purchasing something from us or redeeming your H2O tokens, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
    • Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
    • Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
  1. Online Store Terms
    • By agreeing to these Terms of Service, you confirm that your age is over 18.
    • You may not use our Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
    • You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
  1. General Conditions
    • We reserve the right to refuse Service to anyone for any reason at any time.
    • You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
    • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
    • The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
  1. Accuracy, completeness and timeliness of information
    • We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
    • This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
  1. Prices of product and services and their modification
    • Prices for our products are subject to change without notice.
    • Prices indicated in the online shop are quoted in Euros and are gross prices (ex warehouse), including VAT but excluding shipping costs.
    • If import or export charges are incurred in the course of shipping, such charges will also be at the expense of the customer.
    • The prices of the product and services offered do not contain costs which are charged by third parties
    • We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
    • We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
  1. Terms of delivery
    • Delivery shall be made by post. Normally the goods shall be handed to the postal service within 14 working days from the date of order. The exact delivery date will be indicated in the order confirmation.
    • If the delivery period is longer than 14 working days, the customer has the right to withdraw from the contract. Any payments already made will be refunded without delay.
    • If we are unable to accept an order, for example if the goods aren’t available, the customer will be informed without delay.
    • Delivery will be made to the address indicated by the customer. In the case of incorrect, incomplete or unclear information provided by the customer, the customer will be responsible for any resulting costs.
  1. Products or Services
    • Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
    • We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
    • We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue our Service at any time. Any offer for any product or service made on this site is void where prohibited.
    • We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
    • When you purchase the Service “Mining Contract” you also accept the “Terms & Conditions for Mining Portal”.
  1. Mining Contracts, H2O and Initial Token Offering (ICO)
    • H2Os are not securities and do not carry with them any rights as may be commonly associated with securities. In particular, H2Os do not grant any rights with respect to corporate decision-making.
    • H2Os do not grant a right to dividends or any other sort of payment vis-à-vis HydroMiner.
    • If you have participated in the ICO, you accepted the Hydrominer “Token Offer Document”.
    • H2Os are Ethereum-based ERC20 tokens which serve as vouchers to be redeemed with the HydroMiner mining portal in exchange for the use of mining hardware powered by hydro power stations in the Austrian alps.
    • Depending on the exact mix of mining hardware, virtual currency to be mined and duration of the mining activity, each combination will require a different amount of electricity in kWh so that Token Holders may freely decide how to spend their H2Os.
    • The choice of mining hardware, mining pool and virtual currency to be mined, dictates the return on investment for each Token Holder using the H2O Mining Facilities.
    • On a regular basis, the virtual currencies mined are transferred to the Token Holders.
    • The Token Exchange Agreement is a barter agreement (Tauschvertrag) in the sense of 1045 of the Austrian General Civil Code.
    • The customer can choose between the different crypto currencies offered in the mining dashboard. Only those currencies whose algorithms are supported by HydroMiner’s hardware are displayed.
    • The customer can decide whether he / she wants to choose a mining-pool different from the default settings. If yes, he / she is able to freely choose another mining-pool to which the hardware should be connected. HydroMiner recommends a specific mining pool for each currency.
    • The customer is able to freely select which mining-software their hardware will be operated by.
    • The customer is able to choose, if his / her mined funds are stored temporarily on HydroMiner’s collective wallet or are transferred directly to the customers prefered wallet. The minted coins are then transferred without intermediation form HydroMiner to the customers specified address.
  1. Errors, inaccuracies and omissions
    • Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
    • We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
  1. Defect of products
    • If the parcel shows external damage when it is delivered, for purposes of a possible refund the customer should, together with the person making the delivery (postman), describe the defects in writing and make a check on the goods. Without a record of the damage confirmed by the carrier we will not be able to make a free replacement delivery or refund the value of the goods.
    • Defects must be reported in writing or by email to [email protected] without delay and at the latest seven days after receipt of the goods.
    • In the event of a justified defect we will, at its own discretion, have the right to either remedy the defect or make a replacement delivery. If the attempt to remedy the defect is unsuccessful, or if we are not in a position to make a replacement delivery, the customer will have the right to demand a reduction in price or the nullification of the order.
  1. Accuracy of billing and account information
    • We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
    • You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
    • For more detail, please review our Returns Policy.
  1. Optional Tools
    • We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
    • You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
    • Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
    • We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
    • Third-Party Links Certain content, products and services available via our Service may include materials from third-parties.
    • Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
    • We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
  1. User comments, feedback and other submission
    • If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
    • We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
    • You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
  1. Personal information and data protection
    • Your submission of personal information through the store is governed by our Privacy Policy.
    • Customers provide their consent to the saving and processing of their data which appears in the contract for purposes of bookkeeping and customer documentation. The data will be used to meet statutory regulations and to implement the payment transaction. Customer data will not be passed on to third parties, unless this is necessary for the implementation of the contract.
    • Customers provide their consent to being informed by email about the HydroMiner products and services. This consent can be withdrawn by the customer at any time.
  1. Prohibited uses
    • In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
      • for any unlawful purpose;
      • to solicit others to perform or participate in any unlawful acts;
      • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
      • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
      • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
      • to submit false or misleading information;
      • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
      • to collect or track the personal information of others;
      • to spam, phish, pharm, pretext, spider, crawl, or scrape;
      • for any obscene or immoral purpose; or
      • to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
      • We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
  1. Return Policy
    • Customers who are consumers within the meaning of the Consumer Protection Act, can cancel the purchase within 14 days from receipt of the goods without indicating a reason for the cancellation. It is sufficient if the written declaration of cancellation or the goods are sent off within the above period, without the indication of any reason for the cancellation or return (the date of the postal receipt is decisive).
    • In the event of a cancellation the purchase price will be refunded in return for the return of the goods by the customer. The precondition is that the goods should be unused and in a condition which enables them to be resold. The cost of returning the goods will be at the expense of the customer.
    • Products which are damaged or affected by traces of use are excluded from return.
    • Services like the “Mining Contract” can be returned as well if requested within 14 days, but the generated revenue will not be payed-out to the customer.
    • ‘Money back’ guarantee: 14-day right of return for unused goods. In accordance with your wishes the purchase price will be refunded to you, or it can be offset against a replacement order.
  1. Disclaimer of warranties; limitation of liability
    • We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
    • We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
    • You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
    • You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    • In no case shall HydroMiner IT-Services GmbH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
  1. Risk Factors in mining cryptocurrencies
    • Future regulation on virtual currencies or tokens in Austria may have a negative impact on HydroMiner and the H2Os. Burdensome regulation might have a significant negative impact on the market value of the H2Os
    • Currently, under Austrian law there are no licensing, registration or concessionary requirements for the production, custody, trading and/or sale of virtual currencies such as the H2Os.
    • In this context, one should be aware of the proposals currently discussed on the EU-level to regulate virtual currencies—in particular the proposals to amend Directive 2015/849/EU for the prevention of money laundering and financing of terrorism.
    • The volatility of virtual currencies and tokens makes it very difficult to provide a reliable forecast for the development of the exchange rate of the H2Os, even considering the known factors determining the price. It is not possible to foresee the economic and technical development of virtual currencies and tokens in the future.
    • Historic developments are not a sufficient indicator for forecasts. We stress that it does not provide any forecast of the development of the H2Os or any other cryptocurrency coins.
    • Hackers may target the Ethereum blockchain. The attacks of these hackers may be difficult to trace and the damage of the individual Token Holder would likely have to be borne by themselves.
    • Virtual currencies, tokens and the blockchain technology are still in its initial stage.
  1. Indemnification
    • You agree to indemnify, defend and hold harmless HydroMiner IT-Services GmbH and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
  1. Severability
    • If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
  1. Termination
    • The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
    • These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
    • If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
  1. Entire Agreement
    • The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
    • These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
    • Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
  1. Governing law
    • These Terms of Service and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of Wiedner Hauptstraße 65 , Vienna, 9, 1040, Austria.
    • This contract is subject to Austrian law. The contractual language is German.
  1. Changes of terms of service
    • You can review the most current version of the Terms of Service at any time at this page.
    • We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
  1. Contact Information
    • Questions about the Terms & Conditions should be sent to us at [email protected]
    • Consumers have the opportunity to submit complaints to the EU’s online dispute resolution platform: http://ec.europa.eu/odr.
    • You can also file your complaint directly with us at the following e-mail address [email protected]