User Policy

The agreement between us

The Terms of Use (or "TOU") is an agreement between you and HYFEX ("HYFEX "). They are rules you agree to follow when using our mobile applications and websites (the "Apps"), including when you ask questions and when you view or input content on or into the Apps, and they are contained in these TOU.

These Terms govern your use of HYFEX and the products, features, apps, services, technologies and software that we offer except where we expressly state that separate Terms apply. Terms and Conditions ("Terms")

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the HYFEX website (the "Service") operated by HYFEX ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Why Should I Read It?

When you sign up for HYFEX you verify that you've read and agree to our Terms of Use when using the App.
These Terms of Use are an Agreement. Generally, this agreement governs your use of the Apps. Other terms may apply to your use of a specific portion of our Apps. If there is a conflict between these TOU and terms posted for a specific portion of our websites, the latter terms apply to your use of that portion of our App.

We May Update this Agreement.

These Terms of Use may change. Because your use of HYFEX means you agree to these Terms of Use, if we revise and update these Terms of Use, your continued use of HYFEX will mean that you accept those changes. You choose whether or not you use HYFEX. If you do not agree to all of these Terms of Use, please do not use HYFEX.
To clarify what this document means, certain words with capital letters will be defined. Here are the definitions for this agreement:

  • " HYFEX " or the "Apps" means https://www.hyfex.org and related web sites and HYFEX mobile applications.
  • "Company", "We," "us," or "our" means HYFEX and any other companies that are subsidiaries and affiliates of. When used in the context of the company name, " HYFEX " may also refer to Capitale De Hybrid Limited aka Hybrid Capital.
  • "Content" means text, graphics, images and any other material entered, processed, contained on or accessed through the App.
  • "Services" means services provided through the App.
  • "Trade Expert" means an individual accepted to participate in the HYFEX Faculty Network and who participates on the Apps or interacts with others on or through the Apps, or other specialists or professionals who participate on HYFEX in their capacity as experts.

HYFEX provides users with online access to forex trading information from its team of expert forex traders.


All information provided on HYFEX or in connection with any communications supported by HYFEX, including but not limited to communications between HYFEX Faculty Network and users, is intended to be for general informational purposes only, and is in no way intended to create an investor-investee relationship as defined by state and federal law.
HYFEX is not a substitute for professional investment advice. Reliance on any information provided by HYFEX or any HYFEX Faculty Network is solely at your own risk.


Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.


How do we protect visitor information?

Your information is saved and secured in an encrypted database with limited access and a two factor access.
Our web application is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Nigeria, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30-day notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Disclaimers and Limitation of Liability

  • The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
  • To the extent permitted by law, Hyfex will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
  • HYFEX makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
  • Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of www.drlex.com.ng for death or personal injury as a result of the negligence of www.hyfex.org or that of its employees or agents.
  • "Trade Expert" means an individual accepted to participate in the HYFEX Faculty Network and who participates on the Apps or interacts with others on or through the Apps, or other specialists or professionals who participate on HYFEX in their capacity as experts.

Indemnity

You agree to indemnify and hold www.hyfex.org and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against HYFEX arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

Waiver

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of Nigeria and you hereby submit to the exclusive jurisdiction of the Nigeria courts.

What We Do and What We Don’t Do

We Do Support Your Trading Decisions and Choices

HYFEX is designed to support the trading decisions and choices that you make. These decisions and choices are yours, and we believe that you, in connection with the advice you receive from your trusted trading (investment) advisor/ funds manager, is the best decision maker about your trades (investment). You should always use common sense when making trading (investment) decisions, and they should be made in consultation with your advisor/ funds manager.

HYFEX cannot make decisions for you. What we can do is help you find good trading leads and verifiable information. On this website you can ask and find informational questions and related educational answers and tips by Trade Experts. HYFEX is not a place for the practice of investments, but Trade Experts on HYFEX can be a resource for reliable, relevant general trade leads. We hope these services will be of value to you. Please use them responsibly.

HYFEX contains Content that may help you identify services or may offer services. Everything on www.hyfex.org, including Content accessed or Services provided through HYFEX, are for your information, and should be used for informational purposes only. This means that Content and Services are not a substitute for professional fund management advice.

Whenever we use the words "your funds manager" or "trade services provider" or similar words on HYFEX, including in these Terms of Use, we mean your personal funds manager with whom you have of an actual, mutually acknowledged, funds manager-client relationship (or the same kind of formal, real-world relationship between you and your personal trade services provider) within Nigeria.

HYFEX trade experts are not "your" fund managers. Even if your real life trade service provider is on HYFEX, personal trading advice are not permitted through HYFEX, and by using HYFEX you agree not to solicit these or use any information as if it were personal trading advice. This applies both to public interactions on HYFEX as well as to Private Conversations. Whenever you want personal trading advice, you should contact your funds manager and see them in person.

On HYFEX you can connect privately with a Trade Expert for an online consultation through our Chat With A Trade Expert service feature. This interaction does not constitute the practice of trading and cannot be used for providing any actionable trade information. Go see your funds manager in person if you are looking for advice on trades. You can use HYFEX for second opinions.

Always:
  • Seek the advice of your funds manager whenever you have a personal question about your trades.
  • Never disregard professional funds management advice, or delay seeking trade advice because of something you read or learned on HYFEX.

Independence of HYFEX Trade Experts

HYFEX Trade Experts and professionals or specialists utilizing or featured on HYFEX are not employees or independent contractor service providers of HYFEX. Any opinions, advice, or information expressed by any such individuals are those of the individual and the individual alone and they do not reflect the opinions of HYFEX. HYFEX does not recommend or endorse any opinions, or other information that may be mentioned on HYFEX or by a licensee of HYFEX.
The inclusion of professionals and specialists on HYFEX or in any professional directory on HYFEX does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein.

Such information is provided on an "as-is" basis and HYFEX disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. HYFEX shall in no event be liable to you or to anyone for any decision made or action taken by any party (including, without limitation, any user) in reliance on information about professionals and specialists on HYFEX.

The use of HYFEX by any entity or individual to verify the credentials of professionals or specialists is prohibited. All opinions and statements expressed HYFEX Trade Experts on or through HYFEX are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of HYFEX, its affiliates or any other organizations or institutions to which such HYFEX Trade Expert or such specialist or professional is affiliated or provides services.


Your Account and Your Use of HYFEX

You are responsible for your account: keep your password and real name private. Accurate and complete registration information is required to use HYFEX. All members are encouraged to use password common sense: safeguard your log in password, pick a password that cannot be guessed by others, keep it private, and periodically change it.
You are responsible for the security of your passwords and for any use of your account. Please immediately notify us of any unauthorized use of your password or account. As a part of registration you will create a profile with a Public Profile Name. Like your password, if you wish to remain anonymous, use common sense: safeguard your Public Profile Name, pick a name that cannot be guessed by others, and keep it private. Allowing any other person or entity to use your identity for posting on or using HYFEX is not permitted. Do not include your real name or any other information that could be used to identify you in anything you post on HYFEX, including questions, comments, or other submissions.
Your use must be legal and you must be an adult to use HYFEX. Your use of HYFEX and any Content and Services must comply with all applicable federal and state laws, regulations, and ordinances. Currently, you must be at least 16 years old to use HYFEX.

Notices

When you register as a member, you agree that HYFEX may send notices to you by push notification or by email, sms or voice call at the email address and phone number you provide when you register. We have a No-Spam policy. We do not sell or distribute the email addresses of our users.
HYFEX is a Free Service That Offers Paid Services
HYFEX is a free service, which also offers paid services. It’s free to ask Fx related questions on. HYFEX also provides for a category of premium, optional Services and Content or Apps that can be accessed for a small fee. ("Premium Services" and "Premium Content", respectively) All such Premium Content and Services are clearly identified as such. We will never ask you for your payment information unless you indicate that you would like to use a paid service


Content and Services

HYFEX is for personal use.
HYFEX is a service for individuals to use to support their personal trade decisions. You may use HYFEX for personal, but not for commercial, purposes. Organizations, companies, and businesses may not become registered members or use our Apps through individual members. Licensed Trade Experts and other qualified funds management experts may apply to participate on HYFEX for educational purposes as Trade Experts on our HYFEX Faculty Network.
We authorize you to view or download the Content and use the Services solely for your personal, noncommercial use in accordance with all applicable federal, state and local laws. The Content is licensed only for the personal, household, and educational use of a single individual. An individual's noncommercial reuse or redistribution of any portion of the Content is permitted when that use falls within what is permitted by Nigerian Copyright law.
These laws govern general personal use of copyrighted information. No commercial use or redistribution of any Content is permitted. Any hyperlink or other re-display of the information on another website must display the Content full-screen and not within a "frame" on the linked or other site, unless expressly pre-approved and permitted by us in writing.
By using HYFEX, you agree not to use any contact information provided by members (for example, in a private message exchange between connected members), or harvest, scrape or otherwise collect any information about our members for any reason, including but not limited to for sending unsolicited communications, including spam.


HYFEX may not be used for illegal purposes

The Content and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Content and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Content or Services, other accounts, computer systems, or networks connected with HYFEX, the Content, or Services.
You may not use any automated means (such as a scraper) to access HYFEX, the Content, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her HYFEX account. Any attempt by any individual or entity to solicit login information of any other user or HYFEX Trade Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law, including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.


HYFEX does not make recommendations or endorsements

We do not recommend or endorse any specific Content, Services, products, procedures, opinions, or other information that may be mentioned on HYFEX. HYFEX is designed to be used with common sense, and in connection the advice of your doctor or your other healthcare provider.
Reliance on HYFEX Content or Services is solely at your own risk. Some Content and Services, including posts by Medical Experts, may be or have been provided by third parties directly and are not reviewed or certified by HYFEX. We hope that our Content and Services will be useful, but we cannot guarantee that the Content and Services will help you achieve any specific goals or results.


HYFEX does not guarantee the accuracy of Third Party Content

To the extent that any of the Content included on HYFEX is provided by third party content providers or other users, we have no editorial control or responsibility of such content appearing on HYFEX.
Therefore, any opinions, statements, products, services or other information expressed or made available by third parties (including Trade Experts) or users on HYFEX are those of such third parties or users, respectively.
We make no representations about the accuracy or reliability of any opinion, statement or other information provided by any third party, and do not represent or warrant that your use of the Content displayed on HYFEX or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with HYFEX


We are not responsible for anything outside of HYFEX

Now or in the future, the Content and Services may link you to other websites, apps, or information, software, data, or other contents, on or off the Internet. These other sites or and contents are not HYFEX, and the information there is outside of our control.
What does this mean? It means that we do not control, endorse, or review the content of these sites. We do not review the contents that may be reached by such links, and we are not responsible for such content. Your linking to any other pages on other sites is at your own risk. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies responsible for such sites, and should not be attributed to us. We have not attempted to verify the truth or accuracy of any such opinion, claim, or comment, nor do we endorse or support them.
We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies, or other content that is outside of our control. If you violate any of these Terms of Use, your permission to use the Content and Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.


International Members

We make no claim that Content or Services are appropriate or may be downloaded outside of Nigeria. Personal information ("Information") that is submitted to HYFEX will be collected, processed, stored, disclosed and disposed of in accordance with applicable Nigerian law and our Privacy Statement.
If you are a non-Nigerian member, you acknowledge and agree that HYFEX may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction.
Nigerian law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use our Content or Services.
The product information provided on HYFEX is intended only for residents of Nigeria. Products identified on this site may have different product labeling and disclosure requirements in different countries.


Property Rights

HYFEX owns or has rights to the Content and Services. When you use HYFEX, you do so under a license from us. Your license to use HYFEX is personal, revocable, non-assignable, and nonexclusive. This means that you may not use HYFEX for any commercial purpose, that we can take away your right to use HYFEX, that you cannot give this license away to someone else, and that other members can use our Content and Services.
All right, title and interest in and to HYFEX and the Content, together with all intellectual property rights embodied therein (including without limitation all engagement, rating, and ranking systems and methodologies on HYFEX) are the property of the Company or our affiliates. Rights retained by other parties in the Content, such as our Trade Experts, are their respective rights. You must ask our permission to use our Trademarks. HYFEX, the HYFEX logo, other HYFEX trademarks and service marks and other HYFEX logos and product and service names are our trademarks (the " HYFEX Marks").
If you would like to use or display any HYFEX Marks, you must ask our permission. Without our prior written permission, or according to the terms and guidelines we will publish in a media section of the Apps, you agree not to display or use in any manner the HYFEX Marks. All trademarks, brands, and content on HYFEX are the property of their respective owners.

You agree not to infringe our Copyrights, Trademarks, Trade Secrets or other intellectual property rights.

You agree not to engage in any activity that would constitute copyright infringement with respect to the Content. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Content or any portion thereof without our prior written consent.
You may, however, use HYFEX as it is designed and intended to be used, including using HYFEX features which allow you to re-post Content or portions of Content, such as those which permit you to distribute Content through other third party applications and mediums, such as Facebook or Twitter, so long as you do not modify that Content or the functionality of those features in any way. This right to re-post Content does not create for you or grant to you any additional rights in such Content. Additionally, you may not use any meta-tags or any other "hidden text" utilizing the name "Dr Lex" without our prior written permission.
You agree not to access, view, or use our Data without our Permission. You agree not to access, attempt to access, request access not authorized by HYFEX or use any HYFEX data without our Permission. This means that you agree not to transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of HYFEX or any Content, in whole or in part, in any form or by any means.
Contact us if you believe information on our website infringes your copyright. If you believe any materials accessible on or from HYFEX infringe your copyright, you may request removal of those materials (or access thereto) from us by contacting and providing us with information.

Member Submissions: Content

The personal information you submit to HYFEX is governed by the HYFEX Privacy Statement, the terms of which shall govern in the event of any inconsistency with this Agreement. You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party.
You understand and agree that all Content you submit to HYFEX excluding any Content provided in a Premium Service, is non-confidential and may be made available on the world wide web. As a reminder public information includes, but is not limited to questions, comments, interactions and information included in your profile. Engaging in any conduct that restricts or inhibits any member's use or enjoyment of HYFEX, or which, in our sole judgment, exposes the Company or any of our customers, partners or suppliers to any liability or detriment of any type is prohibited.

We have rules for submitting questions or posting Content on HYFEX. A few things you should know:
  • Only informational questions submitted for educational purposes are allowed.
  • There is no guarantee that any submitted question will be answered.
  • Questions are answered at the sole discretion of Fx Professionals participating in our community as Trade Experts.
When accessing our Premium Content and Services, including private conversations with Trade Experts you should know the following:
  • Any second opinions received are for informational purposes only.
  • When you enter into a Chat with a HYFEX Trade Expert, that person will be able to see personally identifiable information about you– including your name and the content in your Profile.
  • There is no guarantee that any submitted question, follow up question or comment, or request for a Chat will be answered– if a question is not answered within a set period of time, any of our 24/7 available support staff will respond.
  • There is no guarantee that any submitted question, follow up question or comment, or request for a Chat will be answered– if a question is not answered within a set period of time, any of our 24/7 available support staff will respond.
  • Questions are answered at the sole discretion of Fx Professionals participating in the HYFEX community as Trade Experts
In consideration for permission to use HYFEX you agree to abide by all other terms of use when posting and not to do any of the following, which can result in your immediate account cancellation:
  • Only Adults May Post. Minors may not create their own profiles on HYFEX and HYFEX does not permit the posting of questions by persons under 13 years of age.
  • No Posting of Personally Identifiable Information. Do not post name(s), email address(es), or telephone number(s), URLs, or any other confidential or personally identifiable information for you or any other person or entity on HYFEX.
  • No Infringing or Impersonating Postings. Do not post material that infringes on the copyrights or other intellectual property rights of others or on the privacy or publicity rights of others; do not post impersonating another person or entity.
  • No Inappropriate Postings. Do not post material that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in our sole discretion.
  • No Promotions or Links. Do not post advertisements or solicitations or links to other websites or individuals.
  • No Spam or Schemes. Do not post the same question more than once or "spam" the forum; no posting of chain letters or pyramid (or other) schemes.
  • No Detrimental Behavior. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or HYFEX, or which, in the judgment of the Company, exposes us or any of our members, partners or suppliers to any liability or detriment of any type.
You agree to our enforcement of these Terms and Conditions and the Rules.
By using (including by accessing or attempting to access) HYFEX you agree that we have the right (but are not obligated) to: investigate an allegation that a communication or Content does not conform to these Terms and Conditions and determine in our sole discretion to remove or request the removal of the communication or Content; remove Content (including member-submitted questions) that we determine, in our sole discretion, to be abusive, illegal, or disruptive, or that otherwise fails to conform to these Terms and Conditions; terminate a member's access to HYFEX upon any breach of any of these Terms and Conditions; terminate a member's access to HYFEX if the member's registration information and/or email address is no longer valid; and remove any communication in HYFEX; regardless of whether such communication violates these standards.
We reserve the right to take any other action we deem necessary to protect the personal safety of our guests, visitors, and the public.

Only submit what you have a right to submit

If you make any such submission you agree that you will not send or transmit to HYFEX by email, (including through the email addresses listed on the HYFEX) or otherwise any communication or content that infringes or violates any rights of any party.
If you submit any business information, idea, concept or invention to HYFEX by email or otherwise, you agree such submission is non-confidential for all purposes.

Member Submissions: Media

Only upload media that you have a right to upload. You agree to only post or upload Media (like photos) that you have taken yourself or that you have all rights to post or transmit and license, and which do not violate copyright, trademark, privacy or any other rights of any other person.
Photos of celebrities and cartoon or comic images, for example, are usually copyrighted by the owner. Animated images available as avatars through HYFEX are licensed by HYFEX for your use on HYFEX as avatars.
By uploading any media on HYFEX, you are representing and warranting to us that you have permission from all persons appearing in your media for you to use the media in this way, and to grant the rights described in these Terms of Use.
Never post a picture with someone else unless you have his or her explicit permission.

Be a responsible and sensitive community member

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit, medically inappropriate, or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions our Privacy Statement or any other HYFEX policy. Don’t upload any viruses or software.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or HYFEX.

You grant us a right when you upload media

We need to have the right to display the media you upload to us. By uploading any media, like a photo, (a) you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes HYFEX to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify HYFEX and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
You understand that we can review and reject any submission. We reserve the right to review all media or any other submission prior to or after submission to the site and to remove any media or any submission for any reason, at any time, without prior notice, at our sole discretion.

Submissions: Ownership

You give us rights in what you submit. With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Policy), if you make any submissions (by email or otherwise) on, to or through HYFEX, including but data, questions, comments, suggestions, business information, ideas, concepts or inventions, you make such submission without any restrictions or expectation of compensation or of confidentiality, and agree that your submissions may be used without restriction for any purpose whatsoever, and you automatically grant–or warrant that the owner of such content or intellectual property has expressly granted– HYFEX the complete right to freely use such submissions in any way, commercial or otherwise, and for any purpose whatsoever, including the right to use, reproduce, modify, adapt, publish, transmit, translate, create derivative works from, publicly perform or display (in any media or form now known or hereafter developed), or otherwise communicate to the public, in the form of a royalty-free, perpetual, irrevocable, worldwide nonexclusive license. HYFEX may sublicense its rights. Such submissions will be treated as non-confidential and nonproprietary and will become the property of HYFEX, and HYFEX shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to HYFEX for any purpose whatsoever, including, without limitation, developing and marketing products using such information. Don’t submit anything to us if you don’t want to give us rights to it. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them on, through, or to HYFEX, by email or otherwise.

About HYFEX Trade Experts

Only Nigerian licensed Fx Professionals may apply to be and participate as Trade Experts on HYFEX. Fx Professionals whose licenses are or become suspended or revoked, for any reason, are not permitted and agree not to participate in any way, including but not limited to submitting Content to HYFEX as a Trade Expert on HYFEX.

Personally Identifiable Information

Our members have a right to the privacy of their identity. HYFEX does not disclose personally identifiable information about our members, however you understand and agree that if you choose to enter into a Chat with a Trade Expert on HYFEX that personally identifiable information will be visible to that Trade Expert.
You agree not to disclose personally identifiable information about other members that you encounter while using HYFEX (whether posted in member profiles by a member or emailed to you by a member) without the express consent of such a person.
As a reminder, we prohibit commercial use of HYFEX, and these non-commercial use policies apply even to general (non-identifiable) information about other members.

Termination

All of our members are required to honor this Agreement. Your permission to use the Content and Services ends immediately if you violate any of the terms of this Agreement. We may place limits on, modify, or terminate your right to access and use HYFEX and the Services and/or Content at anytime. This suspension or termination may delete information, files, and other previously available Content.

Changes to this Agreement

Occasionally we may update these Terms of Service. When we make changes, we will revise the "last modified" date at the top of this document. We encourage you to review these terms of service periodically. Your continued use of HYFEX constitutes your agreement to the changed terms of service.

Indemnification

You agree to indemnify us and hold us harmless. You agree to indemnify and hold us harmless against any claims or losses imposed on, incurred by, or asserted as a result of or relating to: (a) your use of HYFEX or the Content or Services; (b) your noncompliance with any of the terms and conditions hereof; and (c) any third-party actions related to or arising from your receipt or use of HYFEX or the Content or Services, whether authorized or unauthorized under the Terms of Use.

Exclusion of Warranties

HYFEX and the content and services are provided "as is." Neither we, HYFEX Trade Experts, nor any of our licensors make any express warranties, and we and each of them disclaims all implied warranties, including implied warranties of accuracy, merchantability, fitness for a particular purpose, and non-infringement.
Neither we nor any of our licensors make any warranty that content or services satisfy government regulations including those requiring disclosure of information on prescription drug products.
HYFEX and the content and services were developed for use in Nigeria, and neither we nor any of our licensors make any representation concerning HYFEX and the content or services when used in any other country.

Limitation of Liability of HYFEX

We cannot and do not assume any responsibility or liability for any Content or other information you submit, or your, other members, or third parties' use or misuse of information or Content transmitted or received using our Site, our tools or our Services. The use of HYFEX and the Content and Services is at your own risk. The HYFEX Site and the Content are provided on as "as is" basis.
Neither we, HYFEX Trade Experts, nor any of our licensors may be held liable under this agreement for any damages other than direct damages, even if the party knows or should know that other damages are possible, or that direct damages are not a satisfactory remedy. the limitations in this section apply to you only to the extent they are lawful in your jurisdiction.
We disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose. Specifically, and without limiting the foregoing, We, our licensors, and our suppliers, make no representations or warranties about: the accuracy, reliability, completeness, correctness, or timeliness of the Content provided on or through the use of HYFEX, whether by HYFEX or any other party; or the satisfaction of any government regulations requiring disclosure of information on products or the approval or compliance of any software tools with regard to the Content contained on HYFEX.

Specific Limitation of Liability Regarding Expert Content

Content on the site created, submitted or validated by Trade Experts on HYFEX (collectively, "Expert Content") are subject to the following additional terms and conditions. (When we use the term Content elsewhere in this TOU, this term includes Expert Content.) The authors or third party posting such content ("Posters") are solely responsible for their content.
While we hope that you will find the Expert Content informative and educational, neither we nor the Poster make any representations or warranties with respect to any information offered or provided within or through the Expert Content. Posters are solely responsible for their content.
Under no circumstances, as a result of your use of the Expert Content or this Site, will the Expert Content Poster or such Poster's employer or sponsor be liable to you or to any other person for any damages or harm–including any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the poster (and such poster's employer and/or sponsor) shall have absolutely no liability in connection with HYFEX for:
(a) any loss or injury caused, in whole or in part, by the poster's actions, omissions, or negligence, in procuring, compiling, or delivering information within or through Expert Content;
(b) any errors, omissions, or inaccuracies in such information regardless of how caused, or delays or interruptions in delivery of such information; or
(c) any decision made or action taken or not taken in reliance upon such information.
This means you should not rely on the Expert Content or make important decisions based on it, and it also means that the posters are not responsible for what you do or don't do with the Content. For investment and trading advice, see your personal funds manager.
You agree to indemnify and hold the poster (and the poster's employer and/or sponsor) harmless from any claim or demand, including attorneys' fees, made by any third party as a result of:
(1) any content posted or made available by you through Expert Content,
(2) any violation of law that occurs by you through your use of Expert Content or this Site, and/or
(3) anything you do using Expert Content, this Site and/or the information contained therein.
Neither us, the Trading Experts on HYFEX, nor any of our licensors may be held liable under this agreement for any amount.
HYFEX, its licensors, its suppliers, or any third parties mentioned on HYFEX are not liable for any negative implications by your use or misuse of HYFEX or Content (including member supplied Content or Trade Expert supplied Content).
Any claims arising in connection with your use of HYFEX or any Content must be brought within one (1) year of the first date of the event giving rise to such action. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
The limitations of liability in this section do not apply to breaches of intellectual property provisions by you or your indemnification obligations relating hereunder.

Remedies

IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON OUR SITE, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SITE. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

Licensed Content

Certain Content may be licensed from third-parties. The licenses for some of this Content may contain additional terms. When such Content licenses contain additional terms, we will make these terms available to you on those pages, in the Terms of Use or in the Additional Information section of our Site.

General Legal Terms

This Agreement, and the other agreements referenced in it (like our Privacy Policy), is the entire agreement between you and us relating to HYFEX. This Agreement replaces any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references this agreement. If there is any conflict between this agreement and a mutually signed written agreement between you and us related to HYFEX, the signed written agreement will control.

Other parties may have rights under this agreement

A "third party beneficiary" is another party (for example, a company) who is not directly mentioned in an agreement, but who may have some rights arising out of an agreement. Our licensors may be third party beneficiaries to this Agreement pursuant to our agreements with them. To the extent our licensors are third party beneficiaries to this Agreement, the rights and protections provided to us under this Agreement inure to their benefit. Other than these licensors, there are no other third party beneficiaries to this Agreement.
The parties are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture. If we provide you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict. If we choose not to enforce any provision of this Agreement, we still keep the right to enforce it in the future.
This means that the failure to enforce any provision of this Agreement does not constitute a waiver of that provision. If any provision in this Agreement is found to be unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
This agreement is governed by laws of the Federal Republic of Nigeria. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS NIGERIA. YOU AND US CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party's ability to seek equitable relief.
HYFEX is a registered Trademark of Capitale De Hybrid Limited aka Hybrid Capital. Any other trademark, brand, or content on HYFEX that is not the property of Capitale De Hybrid Limited aka Hybrid Capital is the property of its respective owner.

Privacy and Security

At HYFEX we believe in the power and benefits of better information. When users and experts come together, we can learn from one and another in engaging ways that are simply not possible when we’re looking for information alone. Because online sharing in Fx trades is a new concept, you should be comfortable and confident that you can share securely and privately.
This is why on HYFEX you can ask questions and explore information without also sharing your personal identity. We call this "secure sharing."
How does it work?
When you share information on HYFEX, only you know who you are. Your identity is protected. Our community receives the value of learning from your questions and the information you choose to share, and you benefit from the secure sharing of others in our community.
You can personalize your questions without revealing who you are. Your personal information and identity are not even shown, unless you request a Chat With An Expert. Some members will choose to participate on HYFEX under their actual names, but this is always a voluntary choice.

Your Identity is Private
  • Your real name is kept private
  • Personally Identifiable Information is not visible to other users on the site.
  • Our privacy protection standards are best of class in our industry.
We are Secure
  • We provide Bank-Level Security and encryption.
  • Verification is required to reset a password.
More on Secure Sharing While Remaining Private Sharing in a safe and secure setting benefits both you and all community participants by allowing everyone to learn in new ways. By properly choosing and safeguarding your unique online HYFEX name, you are anonymous when you share information with our community.

Here are some of the ways we have designed this system with you in mind:
  • Your real name or other Personally Identifiable Information are not revealed to other HYFEX users.
  • You can update and delete information in your Profile at any time.
  • Members are automatically logged out of HYFEX after a short period of inactivity.

Tips for Sharing While Staying Secure

  • Always keep your password private.
  • Don’t reveal Personally Identifiable Information to other members (for example, don’t post Personally Identifiable Information on the site, such as in a question or comment).
  • Don’t leave an active HYFEX session unattended.

Our Privacy Principles, Privacy Constitution & Member Bill of Rights

HYFEX Governing Privacy Principles We believe that trusted information from Trade Experts leads to better decisions. We also believe that securely sharing questions and information can change the way we understand and manage trade situations.
We take your privacy and security very seriously. That’s why we have a Privacy Constitution, consisting of our pledge to you and your rights. This Constitution helps guide our decisions about privacy and security, and secures your rights as a member of our service.
If you have any suggestions for how we can improve your privacy experience on HYFEX, please let us know.

Our Pledge to You:

We are here to help you find useful answers and information from trusted trade experts to help you make better decisions about your funds. We ask only for data that can help us provide this service to you, and to use the data provided to improve your experience on our service.
We let you decide what you want to share. Other than the information requested at sign up, you are not required to share any information with us to use HYFEX.
We will keep the personal information that you provide to us safe and secure. Our data security meets or exceeds industry standards. We use technology, policies, and conduct, together with a privacy-centered company culture, to ensure that your data is safe with us. We won’t sell your personally identifiable information.

Your Rights:

You control your privacy. Our experience is designed to keep your information anonymous and secure.
You can edit or delete any personal information that you add to your account and Profile. Sharing is a matter of personal choice. You share what you want, when you want, and sharing is not required to use HYFEX.
You have the right to know what Personally Identifiable Information we collect and how it is.

Data Policy

This Policy describes the information we process to support HYFEX. You can find additional tools and information in the settings section.

Information we collect?

To provide the custom made prodcuts, we must process information about you. The type of information that we collect depends on how you use our products.
You can learn how to access and delete information that we collect by visiting the settings section. • Information and content you provide: We collect the content, communications and other information you provide when you use our Products, including when you sign up for an account, create or share content and message or communicate with others. This can include information in or about the content that you provide (e.g. metadata). Our systems automatically process content and communications that you and others provide to analyse context and what's in them. • Data with special protections: You can choose to provide information about your religious views, political views, who you are "interested in". This and other information (such as racial or ethnic origin, philosophical beliefs or trade union membership) could be subject to special protections under the laws of your country. • Networks and connections. We collect information about people and groups that you are connected to and how you interact with them across our products, such as people you communicate with the most or groups that you are part of. We also collect contact information if you choose to upload, sync or import it from a device (such as an address book or call log or SMS log history). • Your usage. We collect information about how you use our products, such as the types of content engage with, the features you use, the actions you take and the frequency and duration of your activities. For example, we log when you're using and have last used our products, features and other content you engage with on our platform. • Information about transactions made on our products. If you use our products for purchases or other financial transactions (such as when you make a donation), we collect information about the purchase or transaction. This includes payment information, such as your credit or debit card number and other card information, other account and authentication information, and billing, shipping and contact details. • Things others do and information that they provide about you. We also receive and analyse content, communications and information that other people provide when they use our products. This can include information about you.

Device information.

As described below, we collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with our products, and we combine this information across different devices you use.
For example, we use information collected about your use of our products on your phone to better personalize the content (including ads) or features that you see when you use our products on another device, such as your laptop or tablet, or to measure whether you took an action in response to an ad that we showed you on your phone on a different device.
Information that we obtain from these devices includes: • Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins. • Device operations: information about operations and behaviours performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots). • Identifiers: unique identifiers, device IDs and other identifiers, such as from games, apps or accounts that you use, and Family Device IDs (or other identifiers unique to HYFEX products associated with the same device or account). • Device signals: Bluetooth signals, information about nearby Wi-Fi access points, beacons and mobile phone masts. • Data from device settings: information that you allow us to receive through device settings that you turn on, such as access to your GPS location, camera or photos. • Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network. • Cookie data: data from cookies stored on your device, including cookie IDs and settings.

Information from partners

Advertisers, developers and publishers can send us information through our business tools that they use, including our social plugins, HYFEX Login or our APIs and SDKs.
These partners provide information about your activities off Facebook – including information about your device, websites you visit, purchases you make, the ads you see and how you use their services – whether or not you have a Facebook account or are logged in to Facebook.
For example, a game developer could use our API to tell us what games you play, or a business could tell us about a purchase you made in its shop. We also receive information about your online and offline actions and purchases from third-party data providers who have the rights to provide us with your information.
Partners receive your data when you visit or use their services or through third parties that they work with. We require each of these partners to have lawful rights to collect, use and share your data before providing any data to us.