Terms

Last updated November 25, 2024.

Agreement to Terms

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You” or “Customer”), and KAPITALBANC / KAPITAL BANQUE, located at Washington DC, USA (“KAPITALBANC / KAPITAL BANQUE,” “Our,” “We” “Us” or “Provider”), concerning your access to and use of NATIONOFHAWAIIBANK.com (www.NATIONOF HAWAIIBANK.com) website, the KAPITALBANC / KAPITAL BANQUE Terminal Platform (terminal.NationofHawaiiBank.com) as well as any related applications, any other media form, media channel, ana software platform, linked, or otherwise connected thereto (the Site).

The Site provides the following services: KAPITALBANC / KAPITAL BANQUE is a bank for Governments and corporations building a blockchain ecosystem focusing on professional investors, FinTech, Financial Institutions, Central Banks, Banks with a variety of services. KAPITALBANC / KAPITAL BANQUE Terminal is an advanced blockchain system to trade on all major Digital Currencies and Fiat Currencies within a single interface. (Services).

“Services” consist of a set of banking activities, software programs, interfaces, and webpages running on computers hosted at Provider sites or at third-party hosting facilities accessible via the Internet as described in this Agreement and the Site. “Data” means the prices and other market data that is (a) owned by Provider and (b) obtained by Provider from exchanges and other sources delivered to Customer via the Web Services and as described in this Agreement and on the Site. “Third Party Data” means the prices and other data that is (a) not owned by Provider and (b) obtained by Provider from exchanges and other sources delivered to Customer via the Web Services and as described in this Agreement and on the Site. “Data Owner” means a legal entity that holds ownership rights to some of the Data or Third Party Data (defined below) and is the original licensing source of such portion of the Data or Third Party Data when such portion of the Data or Third Party Data is not in the public domain. In cases of Third Party Data, Provider has secured redistribution agreements with the Data Owner. “Distinct Software Applications” means software applications that automate substantially different business products, services, processes or functions of Customer. Provider reserves the right, in its sole discretion, to make a reasonable determination as to whether software applications that use the Web Services or the Data or Third Party Data constitute Distinct Software Applications. “Data Exchange Format” means an electronic version of the Data or Third Party Data used for sharing the Data or Third Party Data between software applications, including but not limited to any application programming interface (API), any database access, any network transmission format (e.g., EDI, SOAP, RSS, XML, etc.) and any data file format (e.g., XLS, CSV, etc.). Provider reserves the right, in its sole discretion, to determine if a particular electronic version of the Data or Third Party Data constitutes a Data Exchange Format. “Subscription Plan” means all the subscription plans selected by the Customer in connection with the purchase of the use of the Web Services, Data and Third Party Data. The Provider posts the available subscription plans and the specific use of the Web Services, Data and Third Party Data provided by each subscription plan on the Site, as they may be updated by the Provider from time to time. The current subscription plans offered with respect to the Web Services are located at https://www.NationofHawaiiBank.com. “Support Plan” means the Support Plan selected by the Customer in connection with the purchase of the use of the Web Services, Data, and Third Party Data.

You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.

KAPITALBANC / KAPITAL BANQUE reserves the right to modify, discontinue or terminate the Site, Services, Data and Third Party Data or to modify this Agreement, at any time and without prior notice. If Provider modifies this Agreement, KAPITALBANC / KAPITAL BANQUE will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of this Agreement. By continuing to access or use the Site, Web Services, Data and Third Party Data after KAPITALBANC / KAPITAL BANQUE has posted a modification on the Site or has provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to You, Your only recourse is to cease using the Site, Web Services, Data and Third Party Data.

The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.

In the course of your use of the Website, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information. KAPITALBANC / KAPITAL BANQUE’s use of any information that you provide to us in connection with the Website shall be governed by our Privacy Policy available here. We urge you to read our Privacy Policy.

Registration

In order to access the Site, Services, Data and Third Party Data, You must register to create an account (“Account”). During the registration process, You will be required to provide certain information and You will establish a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. The Site reserves the right to suspend or terminate Your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding Your password. You agree not to disclose Your password to any third party and to take sole responsibility for any activities or actions under Your Account, whether or not You have authorized such activities or actions. You will immediately notify Provider of any unauthorized use of Your Account.

Trial Period and Fees

Upon registration to use the Site, Services, Data and Third Party Data, the Provider will provide a restricted use, free trial of the Site, Services, Data and Third Party Data for thirty (30) days (the “Free Trial”). The restrictions of the free trial are determined solely at the discretion of the provider and may be modified at any time. The free trial is provided once and only upon your first registration at the site for a single thirty (30) day period. The free trial is not provided upon subsequent registration by customer or customer’s agents or affiliates.

Upon completion of the Free Trial, access to the Site, Services, Data and Third Party Data will terminate until and unless the Customer selects and agrees to purchase a Subscription Plan for continued use of the Site, Services, Data and Third Party Data. Upon selection and purchase, access to the Site, Services, Data and Third Party Data will be provided in accordance with the terms of the specific Subscription Plan selected by the Customer via the Site.

Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, “Taxes”). Customer shall be responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on Provider’s net income.

Acceptable Use

You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of this Site, you agree not to:

Systematically retrieve data or other content from the Site to a compiled database or directory without written permission from us
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
Engage in unauthorized framing of or linking to the Site
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
Make improper use of our support services, or submit false reports of abuse or misconduct
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
Attempt to impersonate another user or person, or use the username of another user
Sell or otherwise transfer your profile
Use any information obtained from the Site in order to harass, abuse, or harm another person
Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
Attempt to access any portions of the Site that you are restricted from accessing
Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
Delete the copyright or other proprietary rights notice from any of the content
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
Use the Site in a manner inconsistent with any applicable laws or regulations
Falsely imply a relationship with us or another company with whom you do not have a relationship

Information you provide to us

You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at info@kapitalbanc.com

If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.

By granting us access to any Third Party Accounts, you understand that (a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Exchange Content”) so that it is available on and through the Site via your account, including without limitation any trading activities; and (b) we may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.

Customer may use the Data and Third Party Data solely with any software application owned or licensed by Customer. Customer will not use, redistribute, sublicense, sell or otherwise make available any portion of the Data or Third Party Data in any Data Exchange Format for use in software applications not owned or licensed by Customer. Customer is responsible for all of Customer’s activities occurring through its use of the Web Services.

Customer will promptly report any errors in the operation of the Services to Provider and will not take any actions that would increase the severity of the error. Customer will use the Web Services solely as described herein. In the event that Customer violates any of the requirements of this Section, Provider will have no responsibility to provide Support.

Subject to Customer’s compliance with the terms and conditions of this Agreement, Provider grants to Customer a limited, non-exclusive, non-transferable, license to access and use the Web Services solely for its business purposes. This Agreement governs Customer’s access to and use of the Web Services and the Site. Customer acknowledges and agrees that but for this Agreement, Customer would have no rights or access to the Web Services and the Site.

No Advice and Warrants

None of KAPITALBANC / KAPITAL BANQUE and its affiliates, their respective officers, directors, employees, vendors, suppliers and agents, nor any of the Third Party Providers, recommend, endorse, advocate or sponsor any of the securities or investments appearing on the Website. You should not construe any information provided on the Website as investment, financial, tax, legal or other advice. You acknowledge the risks associated with securities and trading transactions. Any price information, quotes, forecasts, return estimates or indications of past performance are for information purposes only and do not guarantee future performance and do not constitute an offer to buy or sell or any solicitation of an offer to buy or sell any securities, investments or other property. The Website shall not serve as the primary basis for any of your investment decisions and neither KAPITALBANC / KAPITAL BANQUE nor any of the Third Party Providers shall be or be deemed to be your financial advisor or fiduciary. In exchange for using such data, information or content, you agree not to hold KAPITALBANC / KAPITAL BANQUE or the Third Party Providers liable for any possible claim for damages arising from any decisions you make based on information made available to you through the Website.

You understand and agree that: The website, including, without limitation, all content, software, function, materials and services is provided “as is” and “as available,” without warranty of any kind, either expressed or implied, including, without limitation, any warranty for information, data, data processing services or uninterrupted access, any warranties concerning the availability, accuracy, completeness, usefulness, or reliability of the content, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. KAPITALBANC / KAPITAL BANQUE does not warrant that the website or the function, content, software or services made available thereby will be timely, secure, uninterrupted or free of errors, defects, viruses or other contaminating or destructive elements, or that such problems will be corrected. KAPITALBANC / KAPITAL BANQUE makes no warranty that the website will meet users’ expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the website shall create any warranty not expressly made herein. If you are dissatisfied with the website, your sole remedy is to discontinue using the website.

Any material downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and you will be solely responsible for any damage that results from the download of any such material.) the foregoing exclusions and disclaimers of warranties are an essential part of this agreement and formed the basis for determining the price charged for the products. No advice or information, whether oral or written, obtained from provider or elsewhere shall create any warranty not expressly stated in this agreement. Some jurisdictions do not allow the exclusion of certain warranties in certain circumstances. Accordingly, some of the limitations set forth above may not apply.

KAPITALBANC / KAPITAL BANQUE does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of the third party providers on or through the website or a linked website. KAPITALBANC / KAPITAL BANQUE is not a party to, and does not monitor, any transaction between users and third party providers of products or services.

KAPITALBANC / KAPITAL BANQUE or any third party provider engaged in providing services to you on or through the website shall not be responsible or liable for any damages caused by theft, unauthorized access, systems failure or interruption, internet connectivity, communications line failure or other occurrences beyond the control of KAPITALBANC / KAPITAL BANQUE or such third party provider.

Content

The Website may contain information, data, text, graphics, video, messages, software, code, audio, feedback, documentation, photographs, articles, listings, advertisements, marketing and other materials, available, displayed on, posted to, transmitted or distributed through the Website, whether provided by unaffiliated third party providers (“Third Party Providers”) or us (collectively, “Content”). The Content may include financial market data, quotes, news, analyst opinions and research reports. KAPITALBANC / KAPITAL BANQUE does not endorse or approve the Content, and we make it available to you only as a service and convenience. KAPITALBANC / KAPITAL BANQUE does not guarantee the accuracy, timeliness, completeness or correct sequencing of the Content or warrant any results from your use or reliance on the Content. The Content may quickly become unreliable for various reasons including, without limitation, changes in market conditions or economic circumstances. Neither KAPITALBANC / KAPITAL BANQUE nor the Third Party Providers are obligated to update any information or opinions contained in the Content. KAPITALBANC / KAPITAL BANQUE may discontinue offering any of the Content at any time without notice. You agree that neither KAPITALBANC / KAPITAL BANQUE nor the Third Party Providers will be liable to you in any way for the termination, interruption, delay or inaccuracy of any of the Content. You will not redistribute or facilitate the redistribution of any of the Content, nor will you provide access to the Content to anyone who is not authorized by KAPITALBANC / KAPITAL BANQUE to receive the Content.

The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.

We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

We do not guarantee that the Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.

Forward-Looking Statements

This Website may contain certain statements that may be deemed “forward-looking statements”. All statements that address activities, events or developments that the Company intends, expects, plans, projects, believes or anticipates will or may occur in the future are forward-looking statements. Examples of forward- looking statements include, but are not limited to, statements the Company makes regarding general economic conditions, the blockchain industry, bitcoin and cryptocurrency market, the outlook for digital asset regulation, process and intention to file for additional licenses and regulatory approvals, the potential effect of the financing on the Company’s operations, and the impact of these factors on the Company’s businesses. Forward-looking statements are based on certain assumptions and assessments made by the Company in light of its experience and perception of historical trends, current conditions and expected future developments. Actual results and the timing of events may differ materially from those contemplated by the forward-looking statements due to a number of factors, including regional, national or global political, economic, business, competitive, market and regulatory conditions. Digital assets are subject to a number of risks, including price volatility and limited liquidity. Transacting in digital assets could result in significant losses and may not be suitable for some consumers.

Risk Warning

Digital assets, such as Digital Currency, Collectible Gold Coins NFT, Cryptocurrencies and Tokens, are subject to a number of risks, including price volatility. Transacting in digital assets could result in significant losses and may not be suitable for some consumers.

Digital asset markets and exchanges are not regulated with the same controls or customer protections available with other forms of financial products and are subject to an evolving regulatory environment.

Digital assets do not typically have legal tender status and are not covered by deposit protection insurance. The past performance of a digital asset is not a guide to future performance, nor is it a reliable indicator of future results or performance.

Modifications

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

Disclaimer and Limitation of Liability

In no event shall KAPITALBANC / KAPITAL BANQUE, its affiliates or any of their respective directors, officers, employees, agents, or the third party providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the website or the content, software, materials and function related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business or goodwill, data or sales, or cost of substitute services, even if KAPITALBANC / KAPITAL BANQUE or its representative or such individual has been advised of the possibility of such damages.

The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

KAPITALBANC / KAPITAL BANQUE make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure on our Service or Site.

Term and Termination

These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at info@kapitalbanc.com.

Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason set out in this agreement, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

General

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

“KAPITALBANC / KAPITAL BANQUE”, the KAPITALBANC / KAPITAL BANQUE logo, and other KAPITALBANC / KAPITAL BANQUE product and service names including “KAPITALBANC / KAPITAL BANQUE” are trademarks or registered trademarks of KAPITALBANC / KAPITAL BANQUE (the “KAPITALBANC / KAPITAL BANQUE Trademarks”). Without KAPITALBANC / KAPITAL BANQUE’s prior written permission, you agree not to display or use the KAPITALBANC / KAPITAL BANQUE Trademarks in any manner. Nothing on the Website should be construed to grant any license or right to use any KAPITALBANC / KAPITAL BANQUE Trademarks without the written consent of KAPITALBANC / KAPITAL BANQUE.

The following are trade marks of KAPITALBANC / KAPITAL BANQUE:

Indemnity

You (and your firm or organization, if you are a representative of same) agree to defend, indemnify and hold KAPITALBANC / KAPITAL BANQUE and any Third Party Provider, and their respective directors, officers, employees, agents, and affiliates (“Indemnified Persons”) harmless to the fullest extent permitted by applicable law from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees and costs to investigate any claims (“Expenses”), in any way arising from, related to or in connection with your access to and use of the Website, your breach of these Terms, or your infringement or misappropriation of KAPITALBANC / KAPITAL BANQUE’s, our affiliates or a Third Party Provider’s intellectual property or proprietary rights.

Applicable Law and Jurisdiction

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of England applicable to agreements made and to be entirely performed within England, without regard to its conflict of law principles.

Contact

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at info@kapitalbanc.com

or by post to: KAPITALBANC / KAPITAL BANQUE, 1717 M Street NW, Washington DC 20036 USA