INTRODUCTION

is operated by PD Operations B.V., (hereinafter "Hypepack", "Company", "We" or "Us"), a company duly incorporated under the laws of Curaçao with the company number 171219, and registered office at Korporaalweg 10.

ACCEPTANCE

BY REGISTERING AN ACCOUNT AT WWW.HYPEPACK.COM (THE "WEBSITE"), YOU ENTER INTO AN AGREEMENT WITH Hypepack.com, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE (THE "AGREEMENT") AND BY OUR TERMS TO OUR PRODUCTS AS FURTHER REFERENCED IN THIS AGREEMENT.

PLEASE READ THIS TERMS CAREFULLY TO UNDERSTAND THE RULES AND CONDITIONS THAT APPLY TO YOU, ACCESSING AND USING THE WEBSITE OR ANY OF THE SERVICES OFFERED. IF YOU HAVE ANY DOUBTS REGARDING YOUR OBLIGATIONS UNDER THIS TERMS, PLEASE SEEK LEGAL ADVICE.

IF YOU DISAGREE WITH THIS TERMS, PLEASE REFRAIN YOURSELF FROM ACCESSING THE WEBSITE, REGISTERING/CREATING AN ACCOUNT OR USE ANY SERVICE OFFERED ON THE WEBSITE.

DEFINITIONS

Account or User Account: refers to a Your User Account created on Hypepack.com

Product: refers to any Service on the Website, including packs, deals, draw or battles.

Restricted Territories: Refers to all Jurisdictions banned from the Website. Residents of the following jurisdictions and territories may not access the Website or register an Account on it: Afghanistan, Belarus, Burma, Central African Republic, Cuba, Democratic Republic of Congo, Ethiopia, Haiti, Iran, Iraq, Lebanon, Libya, Myanmar, Nicaragua, North Korea, Russia, South Sudan, Sudan, Syria, Ukraine, United States of America Venezuela and Yemen.

Terms: refers to this agreement which is made up of the Terms of Service, Privacy Policy, AML Policy, Bonus and Promotion Policy.

You, User or Customer: refers to each natural individual that has an Account at Hypepack.com

USER ACCOUNT

Registration

• In order to use any of the Services on the Website, You must first register an Account.
• Registration can be done by filling out and submitting the registration form available on the Website.
• When filling out the registration form You must enter all mandatory information requested into Your registration form, namely Your, Name, Date of birth, Address and E-mail.
• Where the information stipulated in 4.3. is not provided and/or is not deemed to be complete, and/or accurate, We will not be able to process your application and you will not be able to open an Account.

Username

• When registering your account a Username will be automatically assigned to you. You may afterwards change your username, as long as the same does not contain offensive expressions or be offensive to specific group(s), Hypepack.com, or any of its staff.
• Hypepack reserves the right to reject the registration of any User Account that in its opinion has an offensive Username.
• Hypepack reserves the right to reject any username change request at its sole discretion.
• Hypepack reserves the right to change your username at its own discretion.

Know Your Customer

• You represent and warrant that any information provided by You on your application form is true, updated and correct.
• We reserve the right, at any time, to ask for any KYC documentation we deem necessary to determine Your identity and location. We reserve the right to restrict any Services, such as deposit or redemption functions until you have completed the identification process and provided Us with all the information that was requested to You.
• If you realise that the information provided at registration on your account is incorrect, you must tell us immediately or immediately amend your information. The use of third party identities or alias upon registration, constitutes a breach of these Terms of Service and entitle Hypepack to take the actions set in clause 6 of these Terms of Service.
• Hypepack is entitled to request additional information from you at any given moment and for any justifiable cause, which may encompass the necessity for you to furnish a duplicate of your officially issued photographic identification or tax identification document. In the event that you neglect to furnish the requested documentation in a timely manner, it is within our rights to decline or limit your access to Hypepack or any aspect of the Services. This includes the retention of any funds present in your account balance, the refusal of redemptions, exchanges, and other transactions involving Item(s), as well as the refusal to accommodate account closures.

Multiple Accounts

• You warrant to not have an existing Account on the Website, neither active nor banned. If you are uncertain if there is a connected/linked account, please contact our support team for assistance.
• In the event that you choose to register for multiple accounts on Hypepack, it is within our prerogative to terminate either one or both of said accounts. Consequently, you shall be subject to the forfeiture of all rights, including any associated interests, pertaining to such accounts, as well as any XP or Items that may have been acquired on either one or both of the aforementioned accounts.

Security & Responsibility

• You are solely responsible for safeguarding the access and your login credentials, including 2FA (2-Factor-Authentification), used to access the Website and your Account.
• You warrant to notify Us immediately upon becoming aware of any security breach or unauthorised use of your Account or access to it.
• We are not liable or responsible for any abuse or misuse of your Account by third parties due to your disclosure, whether intentional, accidental, active or passive, of your login details to any third party.
• We shall not be liable for any loss or damage that you may suffer as a result of your failure to keep your login secure and private.
• You are prohibited from borrowing, selling, transferring or acquiring Accounts to or from other Players.
• You are responsible for all activities that occur under your account.

Acceptance Policy

• We reserve the right to refuse any application for an Account, at our sole discretion or that we understand that does not comply with the requirements mentioned on this Terms to open an Account.

PLAYER WARRANTIES

Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:

Capacity

• You have attained the age of eighteen (18) years or older, and furthermore, you have reached the age of majority as prescribed by the governing laws of your jurisdiction;
• You possess the requisite legal capacity to enter into and consent to the terms and conditions set forth in these Terms of Service;
• You are engaging with the Services of your own volition, without any form of coercion, and solely for your personal gratification;
• You use of the website is at your sole option, discretion and risk;
• You use the website and its products strictly in your personal and non-professional capacity and participate for recreational and entertainment purposes only;
• You use the website and purchase products on your own behalf and not on the behalf of a third party or individual;
• You will not use the Services under the influence of drugs or strong medication or other substances that may affect your sense of judgement.

Personal Information

• All information that you provide to us during the term of validity of this agreement is true, complete, correct, and that you shall immediately notify us of any change of such information;
• You will keep your information always up-to-date and you will inform us of any changes to the information that you have provided without delay.
• You will keep your information up to date.

Funds

• You will not credit your account with funds which originate from criminal or other unauthorised activity. You will not credit your account or redeem any prizes to crypto wallets that are linked or categorized as illicit or connected to illicit activities;
• You will not credit your account using payment methods that do not belong to You;
• You will not credit your account with funds that are tainted with any illegality or originate from any illegal activity or source;
• You will not try to add balance to your account if the same is suspended, blocked or closed;
• You acknowledge you are not allowed to borrow or lend funds to another User on the Website.

Account Activity

• You acknowledge that your Hypepack account is not a bank account or other method to safely store funds or assets for a longer time or an investment.
• You will not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to Your or any third parties' participation in any of the products and/or services on the Website, and shall not use any software-assisted methods or techniques or hardware devices for your participation in any of the products and/or services on the Website;
• You will not conduct any criminal or illicit activities on your Account;
• You are not allowed to operate a syndicate or other professional activities through your Hypepack Account;
• We reserve the right to close or suspend your account and cancel any prizes you won if You breach any of the warrants mentioned in Clause 5 or we have reasonable suspicions to believe that you might have breached any of the above mentioned warrants.

Tax

• You comprehend and acknowledge that you bear exclusive responsibility for the accurate reporting and timely remittance of any and all taxes that may be levied upon you in accordance with the laws applicable to you, resulting from your utilization of the Services.

Others

• You will not fail to comply with orders, judgments, or mandates from courts of competent jurisdiction;
• You will not link to Hypepack on any third-party website in any way that is illegal, unfair, or damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists;
• You will not access the accounts of other users;
• You will not engage in any fraudulent activity, including impersonating any real or fictitious third party, falsely claiming affiliation with any third party, misrepresenting your identity;
• You will not engage in platform manipulation, including utilizing bots or other fraudulent means to gain an unfair advantage;
• You will not circumvent, disable, damage, or otherwise interfere with the operations of Hypepack, any user's enjoyment of Hypepack, or our security-related features or features that prevent, limit, restrict, or otherwise enforce limitations on the access to, use of, or copying of Hypepack, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment;
• You will not reverse engineer, decompile, disassemble, or otherwise discover the source code of Hypepack or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation;
• You will not modify, adapt, translate, or create derivative works based on Hypepack, except and only if applicable law expressly permits that activity despite this limitation;
• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
• You will not attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

ACCOUNT SUSPENSION AND CLOSURE

• We reserve the right to close or suspend your account if:
  • We understand that You are using or have used the Website in a fraudulent or collusive manner or for illegal and/or unlawful or improper purposes;
  • We understand that You are using or have used the Website in an unfair manner, have deliberately cheated or taken unfair advantage of the Website or any of its User or if your Account is being used for the benefit of a third party;
  • You are in breach of these Terms, the applicable regulations or the fair use of our services;
  • We suspect that your Account has been compromised or is being used in breach of our Terms;
  • You breach any of the warranties of the clause 5 of this Agreement.
• If We close or suspend your account on the Terms set in the paragraph 6.1., You shall, to the extent permitted by applicable laws, be liable for any and all claims, direct losses, liabilities, damages, costs and expenses incurred or suffered by us (together, the "Claims").
• If We close or suspend your account we are entitled to cancel and void any prizes that you might have win or you have on your inventory.
• We reserve the right to close Your Account at any time at our own sole discretion and void all prizes.
• You possess the legal entitlement to terminate your account at your discretion and without limitation by initiating communication with us via Support@Hypepack.com. Upon closing your account you renounce to any unclaimed prizes that you might have on your account.

PURCHASE

Account Balance

• In order to purchase Packs or enjoy any of Hypepack products available on the website you need to add balance to your account through any of the payment methods made available to you on the website.
• You can only add funds to your account through using payment methods and crypto wallets that belong to You.
• When using the payment methods available on the website to credit your account, the same will be immediately processed and add to your account balance. We do not take responsibility for any delays caused due to the payment providers. Please note that your bank might charge your additional fees for which Hypepack is not responsible.
• We reserve the right to refuse any attempts to credit your account at our own discretion.

Packs & Other Products

• After toping-up your account, you can use the credits available on your account to purchase any of the products available on the website.
• Upon purchase of a product it will be instantly debited from your balance the purchase price of the product. You will then see a visual animation to signify the action. It is important to note that this animation is purely for display purposes, and the Item(s) shown in the animation may not always be the Item(s) you have actually revealed. The animation may at times not load or display correctly.
• The pricing details pertaining to each product are conspicuously exhibited on Hypepack at the moment of acquisition.
• The pricing details pertaining to each alternate product, service, or feature, along with any corresponding charges, are conspicuously exhibited on Hypepack during the moment of acquisition.
• Images of the prizes are for illustrative purposes only. Although we have made every effort to display the Item(s) revealed to be in the Packs accurately, we cannot guarantee that your device's display of the Item(s) revealed to be in the Packs accurately reflects the Item(s) in the Packs. Your Item(s) and the packaging of the Item(s) may vary slightly from those images.
• By purchasing products, you understand and agree that you may receive:
  • XP that has a fair market value equal to or greater than the price of the Pack;
  • Item(s) that have a fair market value equal to or greater than the price of the Pack; or
  • a combination of XP and Item(s) that, in total, have a fair market value equal to or greater than the price of the Pack.
• You acknowledge and consent to the fact that our established practice dictates that all transactions, encompassing the acquisition of products are deemed irrevocable and non-reimbursable.

EXPERIENCE POINTS (XP) & FREE PACKS

What are Experience Points (XP)?

• The XP is a feature that is available on the website and that grants the customers the opportunity to "Level Up" on the website and gain access to Free Packs on a daily basis.
• XP cannot be converted into prizes or transferred to other users.

How do I win XP?

• Through buying a Pack - Upon the acquisition of a Pack you will win a specific amount of XP which will be subsequently credit on your account; or
• As the Item /content of a Pack – Upon opening a pack you might win XP as an Item. The XP will be automatically added to your account.

What are Free Packs?

• Free Packs, are packs that you win through "Levelling Up" on the website have the potential to contain superior Item(s) of higher value. When you win a Free Pack the same will automatically appear on your account.

PACKS & PRIZES

• The representations of Packs in the form of images are solely intended for the purpose of providing visual aids and do not serve as definitive depictions or guarantees of the actual Packs themselves. While we have diligently endeavoured to present the Item(s) purportedly contained within Packs with utmost precision, we cannot provide an absolute assurance that the visual representation of said Item(s) on your device accurately corresponds to the actual contents of the Packs. Therefore the Item(s) and the packaging thereof may exhibit slight variations from the depictions provided in the images.
• All items that are reasonably and equitably packaged within the Packs are conspicuously presented below the listing of said Packs, which is prominently exhibited on the Hypepack platform.
• The value of the Item(s) is conspicuously displayed within the description of said Item(s) at all times. Therefore, it is important to note that the valuation of the Item(s) obtained by you shall correspond to the value of said Item(s) at the precise moment you endeavour to redeem, exchange, or otherwise divest yourself of the Item(s). This valuation shall not be based on the value of the Item(s) at the time of acquisition by you.
• Items cannot be changed by different Items, sold or offered to other users.

PRIZE REDEMPTION

Redemption

• You can redeem the prizes you won on Hypepack through selecting the prize redemption option on your account.
• All items are subjected to stock availability at each time. Hypepack hereby acknowledges and undertakes to exert its utmost endeavours in order to procure, to the best of its ability, any and all prizes that have been duly redeemed by a user. In any of the below event We it is within our prerogative to exercise the right to terminate the redemption process and provide a refund for the corresponding amount or the item:
  • The item, for whatever reason, cannot be obtained or is out of stock;
  • There has been a modification to the Item(s); or
  • If we temporarily suspend the supply of the Item(s) for technical reasons or in response to changes in relevant laws and regulatory requirements.
• In order to redeem a prize you will need to complete your account verification, which includes: Name; Address; Identification Document; Proof of Address; and Any additional information that We might consider relevant.
• In the event that you neglect to furnish us with information above, you will not be able to process the redemption of the item and we reserve the right to terminate the redemption process and hold the same till such information is provided.

Delivery and Fees

• The costs of delivery (excluding customs, duties, or related importation fees, if applicable) will be as displayed to you. You understand and agree that you are responsible for all delivery and importation fees related to delivery of your Item(s). To avoid paying importation fees, you may contact support at support@Hypepack.com, before redeeming Item(s), to find out where we will be shipping the Item(s) from. Once you have paid any delivery and importation fees and provided all necessary information, we will deliver the Item(s) to you as soon as reasonably possible. Our delivery time is on average between three (3) days and thirty (30) days.

Collecting Luxury Item(s)

• In some cases, luxury Item(s) may be collection-only. In such cases, we will provide you with notice of collection-only status in the description of the luxury Item(s). It is your responsibility to check the description of the luxury Item(s) to determine whether the luxury Item(s) are collection- only. If Item(s) are collection-only, we will not deliver the Item(s) to you, and you must collect the Item(s) from the collection point listed in the description of the luxury Item(s).

Delays

• If our supply of the Item(s) is delayed by an event outside our control, then we will provide notice to you as soon as possible, and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Item(s) you have redeemed but not received.

Failure to Accept Delivery

• If you are not home when the Item(s) are delivered, you understand and agree that you may be left a note instructing you on how to rearrange delivery or collect the Item(s) from a local depot. If you fail to rearrange delivery or collect the Item(s) from the local depot, we may issue a refund to you.

Item(s) Lost in Delivery

• If you believe that your Item(s) have been lost in the delivery process, please send an email to support@Hypepack.com. We may require proof of non-shipment, and you will not be issued a refund if you fail to provide proof of non-shipment.

Damaged or Faulty Item(s)

• If you receive damaged or faulty Item(s), please send an email to support@Hypepack.com. We may require you to return the Item(s) before being eligible for a refund, provided we pay the delivery costs associated with returning the damaged or faulty Item(s) to us. If we do not receive the Item(s) or if the Item(s) are not damaged or faulty, we will not issue a refund to you.

ITEMS EXCHANGE

• In case You do not want to redeem the prize(s) you have won, you have the option to exchange the same for the value of the item that is identified on the website. Item(s) have the value prominently displayed on the description of the Item(s) at any given time. Thus, the value of Item(s) acquired by you will be the value of the Item(s) at the time you attempt to redeem or exchange or otherwise dispose of the Item(s) – not the value of the Item(s) when acquired by you.
• After exchanging the item, the value of the same will be credit in your account and added to your balance and you will have the option to redeem the value of the item you exchanged in crypto.
• The redemption will be made to your stated cryptocurrency wallet address when making a valid redemption request.
• In cases where you have introduced the wrong wallet address or the wallet is not valid for any reason, We will not be liable for such errors, neither we will be liable for you for those errors. You are solely responsible for selecting and providing the wallet address to which you want to withdraw.
• We reserve the right to, at our own discretion, set a minimum amount for the Item exchange feature. The minimum amount can be changed at all times and will be identified on the Website.
• Before processing any redemption, we reserve the right to perform enhanced due diligence and investigate Your account activity. If we reasonably suspect that Your account or activity has violated these Terms or applicable laws or regulations, we may, in our sole discretion restrict your account while we conduct our investigation.
• We reserve the right to refuse any redemptions until: Your identity has been fully verified by us; You have completed all additional information requested made by Us.
• If we mistakenly credit your account with prizes that do not belong to You, whether due to a technical error, or human error or otherwise, the prize will remain our property. If You have redeemed a prize that does not belong to You prior to Us becoming aware of the error, the item(s) value will (without prejudice to other remedies and actions that may be available at law) constitute a debt owed by You to Us and we are entitled to deduct such amount from your account balance. In the event of an incorrect crediting, you are obliged to notify us immediately by email.

SOFTWARE & ERRORS

• In order for You to use certain products offered on the Website You may need to download some software. Also, certain third party product providers may require you to agree to additional terms and conditions governing the use of their products. If you do not accept those third party terms and conditions, do not use the relevant third party software. We do not accept any liability in respect of any third party software.
• You are only permitted to use any and all software made available to you via the Website for the purpose of using products on the Website and, save to the extent permitted by applicable law, for no other purposes whatsoever.
• We hereby grant to you a personal, non-exclusive, non-transferable right to use the relevant software, for the sole purpose of using/playing products on the Website, in accordance with the provisions set in the Terms. You do not own the software. The software is owned and is the exclusive property of Hypepack or third party software provider company (the "Software Provider").
• The software is provided "as is" without any warranties. We do not warrant that the software will meet your requirements, will not infringe any third party's intellectual property rights, will be error free or uninterrupted, or that any defects will be corrected.
• In the event of system errors occurring in connection with the settlement of accounts or other features or components of the software, neither us nor the Software Provider will have any liability to you or to any third party in respect of such errors.
• While We endeavour to ensure that the Website is available 24 hours a day, We shall not be liable if for any reason the Website is unavailable at any time or for any period. We reserve the right to make changes or corrections to or to alter, suspend or discontinue any aspect of the Website and the content or services or products available through it, including your access to it.
• You must not misuse the Website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.

YOUR EQUIPMENT

• Your computer equipment or mobile device and internet connection may affect the performance and/or operation of the Website. We do not guarantee that the Website will operate without faults or errors or that our services will be provided without interruption. We do not accept any liability for any failures or issues that arise due to Your equipment, internet connection or internet or telecommunication service provider.
• For Users using a mobile device to use the website, please note that We will not be responsible for any damage to, or loss of data from the mobile device that the software is installed on, and will also not be responsible for any call, data or other charges incurred whilst using the software.
• Due to limited display sizes on mobile devices, the mobile experience might differ slightly from other platforms. Differences might include, but are not limited to, the location of certain information on the platform and product names not being visible on all product pages.

BONUS & PROMOTIONS

• We might offer bonus and promotions from time to time and at our own discretion. The bonus and promotions will be ruled by the Bonus and Promotions Policy and the Conditions of each bonus or promotion.
• If we suspect You are a bonus abuser or if You have abused any bonus in the past, we reserve the right to prohibit You from participating in any promotion and remove your eligibility to receive any bonus.

LAW ENFORCEMENT

We shall dutifully adhere to any requests or directives from said authorities or courts, which pertain to the revelation of the identity or whereabouts of any user found to be in violation of these Terms of Service. This cooperation shall be carried out in strict accordance with our meticulously crafted privacy policies, subpoena compliance policies, and all pertinent laws and regulations. In the event that your engagement in any activity leads to the issuance of a subpoena, discovery request, production order, or court order against Hypepack, thereby necessitating the expenditure of funds, court-related expenses, or legal fees for the purpose of complying with said order, you hereby consent to promptly reimburse Hypepack for any such expenses, costs, or legal fees upon our duly made request.

DISPUTE RESOLUTION AND DAMAGES

• These Terms and any dispute or claim arising out of or in connection with it or its subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the laws of Curaçao.
• In case of any dispute you warrant to first contact our Support Team about any potential dispute. If your dispute is not resolved within 30 days or you do not agree with the result of the Dispute, you agree that before starting a lawsuit you will start an Arbitration procedure in accordance with Curaçao law.

INDEMNIFICATION

You hereby consent to assume the responsibility of defending, indemnifying, and holding Hypepack, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, harmless from any and all claims, actions, loss, liabilities, expenses, costs, or demands, including but not limited to legal and accounting fees, arising directly, indirectly, or consequentially from your actions or the actions of another person under your authority. This includes, but is not limited to, claims made by governmental agencies, as well as any damages resulting from the use, misuse, or inability to use Hypepack or the Materials, or any violation of these Terms of Service by you or another person under your authority.

LIMITATION OF LIABILITY

You hereby acknowledge and agree that we shall not assume any liability towards you with respect to user-generated Materials or the offensive or illegal conduct of any individual. You acknowledge and comprehend that the sole responsibility for any potential harm or damage resulting from this matter lies entirely upon you, and you explicitly absolve us from any legal responsibility or liability arising from user-generated materials or the actions of any individual. We hereby assertively disavow any and all liability or responsibility towards you in relation to any losses or damages that may be suffered as a result of the Materials, any personal injury or property damage that may arise as a consequence of your access to and utilization of Hypepack, any unauthorized access or alterations to your account, any bugs or viruses that may be transmitted to or through Hypepack by any third party, and any potential incompatibility that may arise between Hypepack and any of your other services, hardware, or software.

INTELLECTUAL PROPERTY

• Trademarks: Hypepack, herein referred to as the "Brand," is the proprietary brand name and registered trademark owned by the undersigned party. We vehemently and resolutely advocate for the protection and preservation of our intellectual property rights. The utilization of any marks, logos, domains, and trademarks discovered on Hypepack is strictly prohibited for public use, unless explicit written consent is obtained from our organization.
• Copyrights: With the exception of Materials contributed by our esteemed users, the Materials are unequivocally regarded as our exclusive proprietary information. Hypepack, the aforementioned Materials, and our proprietary software are duly safeguarded under copyright law. The aforementioned Materials shall not be subject to copying, distribution, republication, modification, uploading, posting, or transmission in any manner without obtaining our express written consent in advance.

AMENDMENT

We may unilaterally alter, amend, or supplant any and all provisions contained within these Terms of Service, as may be necessary in its discretion. All modifications or changes shall be deemed to be in full force and effect, and shall be enforceable without delay, upon their posting. The revised version shall take precedence over any preceding versions upon its posting, rendering the prior version devoid of any ongoing legal consequences, unless the revised version explicitly references the prior version and maintains its validity, either in its entirety or in part.

GENERAL

Entire Agreement

The present Terms of Service, along with any other legally binding notices or agreements made available by us on the Hypepack platform, collectively constitute the comprehensive agreement governing the relationship between you, as a user, and us, pertaining to your utilization of Hypepack.

Policies of Our Service Providers

You acknowledge and consent to the utilization of specific third-party service providers by us for the purpose of providing the aforementioned Services to you. You acknowledge and consent that it is incumbent upon you to acknowledge and adhere to any and all user terms, privacy policies, or other policies that may be mandated by said third party as a prerequisite for availing oneself of their services. In the event of a conflict between the aforementioned policies and our own policies, it is hereby declared that the terms of our policies shall prevail and govern.

Assignment and Delegation

The assignment of rights or delegation of performance under these Terms of Service may be conducted without providing notice to you. You shall not, under any circumstances, assign, delegate, or sublicense any of your rights or duties without obtaining our express written consent in advance. Any purported assignment or delegation in contravention of this provision shall be deemed null and void.

Severability

In the event that any provision contained within these Terms of Service is deemed to be invalid, illegal, or unenforceable, it is hereby stipulated that the remaining provisions shall remain in full force and effect, provided that the fundamental terms governing the rights and obligations of each party remain valid, binding, and capable of being enforced.

Cumulative Remedies

The remedies outlined in these Terms of Service are cumulative in nature and not exclusive. This means that the exercise of any particular right or remedy by one party does not prevent that party from asserting any other rights or seeking additional remedies available under the law, equity, statute, any other agreement between the parties, or any other means.

Force Majeure

Hypepack shall not be held liable for any failure to fulfil its obligations due to unforeseen circumstances or causes that are beyond our reasonable control. These circumstances include, but are not limited to: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics, pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labour, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for as long as the event continues to impede our ability to perform; and unlawful acts committed by our employees, agents, or contractors.

Authorization and Permission to Send Emails to You

You grant us the authority to transmit electronic correspondences, encompassing but not limited to emails, advertisements, and notifications, to your designated email address. The aforementioned authorization shall remain in effect until such time as you explicitly instruct us to exclude your person from our electronic mail registry. You acknowledge and consent that any unsolicited email communication received from us or our affiliates shall not be deemed as spam, as per the legal definition of said term.

Language

We may offer you a translated form of the Terms on the Website. The translated Terms shall only assist you in understanding the English Terms. You acknowledge that the original English Terms shall prevail in the case of a dispute. Therefore, no translated forms of the Terms may be used in a court of law or any other dispute.

No Waiver

Any waiver or action undertaken by our party shall not be construed as a waiver of any subsequent default of the same provision contained within these Terms of Service. In the event that a court of competent jurisdiction determines that any term, clause, or provision contained herein is invalid or unenforceable, it is important to note that such invalidity shall not have any impact on the validity or effectiveness of any other term, clause, or provision. Furthermore, the term, clause, or provision that has been deemed invalid or unenforceable shall be considered as separate and distinct from these Terms of Service.

Headings

The headings contained herein are provided solely for the purpose of convenience and shall not in any way alter, modify, or impact the interpretation, construction, or enforceability of these Terms of Service.