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Welcome to Hola Prime Limited (“we” or “us” or “The Company”). By accessing or using our website at www.holaprime.com or any related sites or mobile platforms under our control (collectively, the “Website” or “Websites”), you, the individual or entity (“Users”, “Traders”, “Customers”, “customers”, or “you”), agree to these Terms of Service. This agreement constitutes a legally binding contract governing your use of all materials, services, and products available through our Website (www.holaprime.com).
Please review these Terms of Service carefully before using our Website. By using or accessing any part of the Website, you consent to be bound by these Terms. If you do not agree to these terms, you must not use our services or visit our Website. The user understands it is their responsibility to read through all FAQs to understand how the Challenge and Hola Prime accounts work before paying for participating in a Challenge. A purchase made on this site means the user agrees to all terms and conditions.
Our services are only available to individuals who are 18 years of age or older. By registering on our Website, you confirm that you are at least 18 years old. If you are under 18, you are not permitted to use our services. Additionally, you are responsible for ensuring that your use of our services complies with applicable laws, which may vary by country.
These Terms of Service apply to any new features or tools introduced to our Website. The most current version of these Terms can always be found on this page. We may modify these Terms at any time, and your continued use of the Website after changes have been posted constitutes your acceptance of those changes.
For the purposes of this Agreement, the following terms shall have the meanings set forth below:
The account set up by the Company to facilitate Trading Activities, to impart education on behalf to the Customer.
Represents any positive net income generated from Trading Activities after deducting all applicable fees, expenses, and realized losses.
Includes all proprietary data, trading strategies, methodologies, algorithms, market analyses, and client information belonging to the Company, regardless of the medium in which such information is stored or conveyed.
The specific amount of funds provided by the Company to the Customer for the purpose of conducting Trading Activities.
The criteria established by the Company to evaluate the Customer’s performance, which may include profit margins, maximum daily loss limit, and adherence to risk management protocols.
The guidelines established by the Company to manage exposure to losses, including position sizing, stop-loss orders, maximum daily loss limit, and other related practices.
A day for a proprietary trading firm is any day when the firm is open for trading activities, typically excluding weekends and public holidays.
Means this Agreement as well as any other agreement, contract, instrument or document of any kind or nature, as to which, in each case, the Customer is a party, has any obligations or holds any rights, and Hola Prime is a party, has any obligations or holds any rights, regardless of how documented and whether written or oral, together with all such purchases and sales, agreements, instruments and other documents, including, without limitation, payment and delivery obligations, obligations relating to the extension of credit or to pay damages (including costs of cover) and payment of legal and other expenses incurred in connection with the enforcement of Contracts.
Means the General Terms and Conditions of Hola Prime Limited. Any other term not covered above, shall be considered to have the same meaning/definition as in general understanding of the term, as per the industry standards.
The Company always reserves the right to refuse service to anyone at any time without specifying any reason. The Customer acknowledges and permits that their content (except for credit card information), which is not of a sensitive nature, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Further, without the Company’s express written consent, the Customer agrees not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided.
7.1 The Customer agrees that Hola Prime Limited may conduct background checks and reserves the right to decline any agreement for any reason, including incomplete or misleading information.
7.2 The Customer acknowledges the inherent risks of trading and has no ownership rights to any assets in the Trading Account. The Customer must be proficient in English for all communications.
7.3 The Customer agrees to provide current, complete, and accurate purchase and account information for all purchases made at the Provider’s site. The Customer also agrees to promptly update their account and other information, including email address, credit card numbers, and expiration dates, so that the Company can complete transactions and contact the Customer as needed.
7.4 The Customer agrees that:
7.5 The Customer is an independent contractor, not an employee of Hola Prime Limited, and is solely responsible for tax obligations. Hola Prime Limited will not withhold taxes, and the Customer may engage with other trading entities as long as it complies with this Agreement.
7.6 The Customer agrees not to make false statements about Hola Prime Limited or its affiliates.
Hola Prime is committed to implementing robust and comprehensive procedures that comply with legal and regulatory requirements related to Know Your Customer (KYC), Customer Due Diligence (CDD), and Enhanced Due Diligence (EDD).
8.1 The goals of KYC procedures are to:
8.1.1 Establish an efficient process for identifying and evaluating potential Customers.
8.1.2 Minimise the risk of money laundering.
8.1.3 Support the identification of suspicious transactions.
8.2 The Company will perform KYC measures for all proposed transactions and business relationships, which include, but not limited to, the following:
8.2.1 Verify the Customer’s identity using original or properly certified documents. After successfully completing the challenge phases, the KYC verification process will be initiated first.
8.2.2 The Customer will be asked to submit specific documents, which may include valid photo IDs such as:
8.3 KYC verification will not be completed if expired documents are submitted. Only current and valid documents will be accepted to proceed.
8.4 After collecting the necessary documents, the Customer will be directed to the “Agreement Signing” stage, where they must provide their full name and address and agree to the terms of the agreement. The verification process will then begin, which may take 48-72 hours.
8.5 Strict compliance with these measures is required. The Company reserves the right to refuse or terminate any business relationship with a Customer if the CDD, EDD, or KYC criteria are not satisfactorily met.
8.6 Please note that failing to pass the KYC verification process will result in the rejection of the Customer’s Account application.
Multiple individuals attempting KYC verification for the same account is strictly prohibited. In such an instance, the Company reserves the right to terminate the account immediately.
This is a necessary process for initiating and maintaining relationships with Customers. It includes:
9.1 Collecting verifiable identification information from Customers
9.2 Understanding the intended nature and purpose of the Customer’s trading activities.
9.3 Continuously monitoring trading activities
For business relationships or transactions deemed higher risk, as identified by the Company’s standard risk assessment procedures, additional measures shall be implemented. These additional measures go beyond standard CDD requirements and include:
Trading contains substantial risk and is not for every investor. An investor could potentially lose all or more than the initial investment. Risk capital is money that can be lost without jeopardizing ones’ financial security or lifestyle. Only such capital should be used for trading which you can afford to lose and only those with sufficient risk capital should consider trading. Past performance is not necessarily indicative of future results.
Hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown; in fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk of actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect trading results.
You may not share your user account login or password with anyone. You may not create more than one account. If you believe either of these has happened, please notify us via a help desk ticket immediately. We will change your password and will disable the duplicate account.
We do not share your contact information with third parties for marketing purposes.
By participating, you consent to receive phone calls, text and/or emails from our Support Staff
If you have any technical issue, contact Hola Prime Support on Live chat or email.
Hola Prime Ltd makes no warranty, expressed or implied, regarding the accuracy, adequacy, completeness, reliability, or usefulness of the program or any information or function it provides. All warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses, and non-infringement of proprietary rights, are disclaimed by Hola Prime Ltd
The Company and all of its services are purely for educational purposes. The Company adamantly states that nothing in any of its software, tools, websites, webinars and other communication method constitutes a solicitation, promotion, endorsement, offer, or recommendation to buy or sell any investment vehicle or advice. Neither the Company, its owners and operators, its subsidiaries, officers, employees, representatives, nor independent contractors are acting as licensed financial advisors. Hola Prime is acting SOLELY as an education firm providing research tools and any trading done is for the sole and explicit purpose of illustrating the mechanics of a trade as an example for purely educational purposes. There is no assurance you will make profits or limit risk to less than the maximum risk on said product. The Company does not determine or advise whether any strategy, trading instrument or contract of any type is suitable for any individual. Education examples of strategies, trade examples, and hypothetical trades do not represent liquidity, exchange fees, commissions, interest, dividends, spreads, or other expenses and have the benefit of hindsight. These factors affect whether an investment is profitable. Any quotes made available may be delayed or may become unavailable due to technology difficulties. Before selling or buying any investment, consult with the ticket on the platform for the live pricing to verify pricing information. Neither subscriber nor any third party related to subscriber shall hold the Company liable for any change, cancellation, or temporary hold of COMPANY services.
Company and its affiliates provide the materials available at all associate websites and other company websites, products, “as is” and without representations or warranties of any kind, either expressed or implied to the fullest extent permissible pursuant to applicable law. Company and its affiliates and their respective officers, directors, employees, agents, suppliers, sponsors, and advertisers disclaim all warranties, express, implied, or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and all warranties relating to the adequacy, accuracy, or completeness of any information, product, or services. Company and its affiliates, their respective officers, directors, employees, agents, suppliers, sponsors, and advertisers do not warrant that your use of any company & products will be uninterrupted, error-free, or secure, that defects will be corrected, or that company products, including the servers on which websites are hosted are free of viruses or other harmful components. Applicable law may not allow the exclusion of implied or other warranties, so the above exclusions may not apply to you. For international users outside the United States, you understand you are responsible for compliance with the laws of your local jurisdiction regarding all regulations related to any service or site operated by a company. It is prohibited to access any of a company website’s content or services if it is in violation of any local laws of the user. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed to access and use information, products and services, including websites, and all charges related thereto. You assume total responsibility and risk for your use of and reliance on company products and services. Opinion, advice, or statement of the company, its affiliates or their respective officers, directors, employees, agents, suppliers, sponsors, and advertisers, whether made on a website or otherwise, shall not create any warranty. Your use of company products is entirely at your own risk.
For purposes of risk management Hola Prime accounts begin as simulated and are monitored for long term consistency. Customers are independent contractors not account holders or owners and are trading in a simulated funded environment only, and not using actual live funded accounts. For the purpose of simulated profit made in a Hola Prime account, payout is based on the performance achieved in the simulated account. It is the Company’s obligation to fulfill payouts of amount due to customers as independent contractors from simulated accounts whether simulated trades where copied or not or live trades where made or not. The Company shall make those payouts from available Hola Prime membership fees, revenues, trading, etc.
All investments and trading involve risk. Trading and investing subjects you to risk of losses, including losses greater than your original investment. Many strategies, investments, and securities are not suitable for everyone. The Company does not determine whether any strategy, investment, or security is suitable for any individual as is disclaimed with whatever exchange or broker dealer you open an account with. Traders should only trade with money they can afford to lose and only place trades where they understand the risk and the instrument. Past results are not indicative of future performance. Trade examples and hypothetical trades do not represent liquidity, commissions, interest, dividends, spreads, or other expenses and have the benefit of hindsight. All these factors affect whether an investment is profitable. For all products and services, even if the trade is live, all trades and trade examples are to be considered trade examples, based upon hypothetical trades for educational purposes only. Any quotes made available may be delayed. Before selling or buying any investment, consult with a broker to verify pricing information. This risk disclosure applies to this site and all sites, services, and products owned by the Company. This service is provided for purely educational purposes only. None of the information within this should be construed as financial advice. We do not intend to or are authorised by any Regulatory body to provide trade recommendations or any service that could be thought of as investment, legal, financial, or accounting advice.
Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. In addition, since the trades have not been executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as the lack of liquidity, simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will likely or is likely to achieve profit or loss similar to those shown in hypothetical or actual performance records listed on any materials or communicated in any way by anyone associated with the Company. The Company and its affiliate websites, Coaches, company divisions, principals, agents, contractors, possible affiliates, employees, associates, and partners are not responsible for any profits nor any losses from any of the material produced by the Company and its subdivisions in any form of media or method of communication. Individuals may express their opinions, but that is meant to be seen as that individual’s opinion and not the opinion of the Company. The Company uses research of a variety of methods to develop educational material and educational signals, but individuals should perform their own due diligence to determine if such material is suitable for their personal investment decisions.
The Company, its websites, Coaches affiliates, contractors, or employees are NOT acting as registered investment advisers, brokers, knowledgeable persons, broker dealers, or in any other capacity that would make one believe they should trade signals given by any such persons, companies, or affiliates. Investing in products involves substantial risk and investors could lose all or more of their originally invested capital, even more than is in their investment account. If any employee, contractor, possible affiliate, of the Company or this website decides to act in any way other than described in this disclaimer, they must do so with written documentation signed by the Company for each individual instance in which they may be doing so in a means separate from or linked to the Company. Otherwise, they are doing so without the knowledge or consent of the Company.
The Company products could include inaccuracies or errors. We do not make guarantees as to the completeness or correctness of any company product. Any data used or made available by company is from sources believed by us to be reliable and accurate; however, company does not investigate the sources or confirm the data and it does not make any representations that the data or resulting calculations are complete or otherwise accurate. From time to time, company may reference prior articles and opinions. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
Use of educational services is not to be construed by customers or anyone else as an adviser relationship. All information communicated is clearly for educational information purposes and no advice is given or implied. Every customer assumes sole responsibility for his or her investment decisions. We do not recommend a particular brokerage firm. The Company has no responsibility for any profit or loss that may occur and will incur, no liability for any losses that may occur, or any type of damages including, without limitation, consequential, special, intangible, indirect, direct, or similar damages that may arise directly or indirectly to auto-trading or any educational product offered by company and/or its principals, agents, Coaches, contractors, employees, and affiliates, regardless if the loss or damages is a result of negligence of company and/or its principals, agents, contractors, employees, and affiliates. Any attempt to violate this agreement shall result in full legal action and collections for any amount lost to the violation of this agreement by the subscriber.
Our services do not constitute investment advice or recommendations. We do not provide guidance or instructions on trading or investments, nor do we accept such advice from you. Any statements made by our employees, Coaches or representatives should not be construed as investment advice, and we disclaim any responsibility for such statements. If any information or statement of the Company’s employees, Coaches, staff, or representatives is interpreted as investment advice or recommendations, the provider explicitly disclaims that such information or statement is investment advice or recommendations and shall not be responsible for them. None of the services offered to the customer by the provider should be interpreted as investment services. The Company does not offer any advice, instructions, or information regarding how the customer should execute transactions using the services or in any other context, nor does it provide similar information about the investment tools being traded. Furthermore, the Company does not accept any such advice, instructions, or information from the customer.
If a customer wishes to terminate their account, they must write to us at contactus@holaprime.com within 14 days of registration, provided no trading activity has occurred. Once trading begins, fees become non-refundable, with no possibility of partial or full refunds.
Once the same is acknowledged, and accepted, the customer will lose all access to their trading accounts and web portal.
If the Customer engages in prohibited trading activities, the Company reserves the right to immediately restrict access to all Services and terminate the Customer’s account, without compensation. There would be no requirement for prior warning, and no refunds will be issued for any fees paid in such cases.
We reserve the right to modify or discontinue any product or service at our discretion without prior notice. Changes may include alterations to product descriptions or pricing. We do not guarantee that our products or services will meet your expectations or be error-free.
Payments processed through third-party services are subject to the terms and conditions of those services. It is your responsibility to review and accept these terms before making a payment.
You agree to provide accurate and complete information for any purchases made through our Website. You are responsible for updating your account information to ensure that transactions are completed successfully.
Our Website may include links to third-party sites or tools not controlled by us. We are not responsible for these third-party resources or their content. Use of any third-party tools is at your own risk and subject to the third party’s terms.
Occasionally, our Website or services may contain errors or inaccuracies. We reserve the right to correct any such errors or inaccuracies and update information as needed. If incorrect information affects a purchase, we may cancel or adjust the transaction.
We may update the content on our Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
While we will investigate significant security breaches, we are not liable for any unauthorized access to your account. You are responsible for maintaining the confidentiality of your account credentials and reporting any unauthorized use immediately.
Hola Prime strictly prohibits any kind of exploitation of the platform. The conditions below apply to all accounts and plans, whether in challenge or Hola Prime Account phases.
If there is an excessive level of trading by the trader, whether through too frequent trades or rapid modification to pending trades, Stop Loss, Take Profit, etc, which leads to too much risk being taken on the entire or almost entire account balance, it will be considered as a breach of our terms and will result in account termination.
If a trader shares their Hola Prime Account or the device on which they are using Hola Prime, resulting in sharing the Hola Prime Account or selling it, it will be considered a direct breach of our Terms of Service. To ensure fairness towards all clients, there is a Zero tolerance policy towards such behavior.
Setting up several buy and sell orders at various price points both above and below the current market price, to take advantage of price changes is prohibited. When the market rises and falls, hitting different price points, it raises risk because numerous losses can occur at once from a significant market movement in one direction. Hence, it is prohibited to use this tactic.
For instance: If a trader sets several buy orders at $150, $155, and $160 and multiple sell orders at $170, $175, and $180. The trader makes profit if the market moves between these levels. However, all of the buy orders will lose equity if the market falls sharply below $150, resulting in huge losses.
Further, it is prohibited to engage in any of the following practices which are not reasonably replicable on actual market (such strategy is not in line with risk management rules that a reasonable trader would apply when trading with their own money):
Performing gap trading (high risk practice which carries potential unfavourable outcomes if performed in real market conditions in times of increased volatility) by opening trade(s):
Similarly, continuous buying or selling of any instrument without taking into account technical signs, economic indicators, or fundamental news that could point to a future price gain or drop is a kind of betting with unfavorable risk-reward ratios. Because of its speculative nature and substantial loss risk, entering into these sorts of trades is prohibited.
For Instance- If a trader consistently buys a specific instrument without taking into account any potential risk or signs of an impending market decline. They run the risk of suffering substantial losses if the instrument’s price drops unexpectedly due to their lack of diversification.
In general, any trades placed in contradiction with how trading is actually performed in the financial markets, or in a way that our Risk Team considers, acting reasonably, might cause us financial, reputational or other harm as a result of the trader’s activities (Some e.g. include overleveraging, overexposure, one-sided bets, account rolling, trading during non-liquid market hours to exploit liquidity shortages, inconsistencies, etc.).
It is prohibited to take advantage of discrepancies in price feed within a platform, due to technical glitch, or price differences or delays across several marketplaces or platforms, in order to make gains without taking any risks or fair market analysis as it is an unethical practice and works against fair market conditions.
It is allowed for traders to employ their own or the same EA or indicator as other traders, but it is essential to customize the settings to differentiate their trades from others.
If a trader intends to use a 3rd party trading robot (Expert Advisors – EAs), it must be kept in mind that there might be other traders already using the same EA and therefore the same strategy. In case 2 traders’ EA settings are similar, the traders might be denied a Hola Prime account, or the existing Hola Prime account shall be terminated if the maximum capital allocation amount is exceeded.
If an EA causes hyperactivity to a platform server, we might alert the trader and ask to adjust the EA logic or parameters of the strategy. Additionally, traders need to make sure that EA does not follow any restricted strategies as the concerned team can track EA’s activity.
It is not allowed to employ any kind of expert advisors (EAs) on Hola Prime Accounts issued under Direct model.
It is allowed for traders to engage in copy trading from one account to another HolaPrime account, provided that the accounts are owned by the same individual.
However, copy trading between multiple accounts not owned by the same individual, including those of relatives, family members, or friends, is strictly prohibited.
In addition, the following activities are also prohibited:
It will be deemed copy trading and a breach of our conditions if a sizable portion of a trader’s trades are identical to those of one or more traders based on the following- opening price, closing price, lot size, lot ratio, symbols, etc. This could also indicate group trading, signal services, passing services, or any other service that bypasses individual strategies which are not allowed. In such a scenario, all associate accounts will be immediately terminated.
It is allowed to hedge or open buy or sell trade in the same instrument inside the same trading account. However, it is prohibited to open buy and sell trades in the same instrument across many accounts or in a group.
For Instance: It is prohibited to hedge a trade over two accounts by buying one lot of EUR/USD on Account-1 and selling one lot of EUR/USD on Account-2 at the same time by the same trader.
It is not allowed to use sophisticated expert advisers, algorithms, and fast communication networks to profit from small price fluctuations by executing a high volume of trades within a short time frame because of its potential for market manipulation and disruptive trading activities.
By making trades extremely quickly, these algorithms are able to profit from even the slightest price swings, giving them an unfair edge over other traders. These algorithms strain market liquidity by the quick influx of orders and subsequent cancellations. Owing to this several traders might not get their trades executed at fair pricing. If our Risk Management Team detects that a trader’s trading constitutes Prohibited Trading practices, their participation in the program will be terminated and will result in forfeiture of any accrued trader payout, and fees paid to the Company.
Before any Trader shall receive a Hola Prime Account, the trading activity of the Trader under these Terms and Conditions shall be reviewed by the Prop Firm’s Risk Management Team to determine whether such trading activity constitutes Prohibited Trading. In the case of Prohibited Trading, the Trader shall not receive a Hola Prime Account.
It is normally allowed in Challenge Phases 1 and 2. However, in the Hola Prime accounts, other than those issued under Direct Model, traders can hold trades at any time but are not allowed to execute (open or close) any trade on the instruments affected by high-impact news, during the window of 5 minutes before to 5 minutes after the release of such news. Please note that the execution of trade includes market execution as well as pending orders, including Stop Loss and Take Profit orders.
You are allowed to hold trades on the affected instruments opened 5 minutes prior to the news release. If your Stop Loss or Take Profit is activated during this window of 5 minutes before and 5 minutes after, it may be taken as a violation of the Hola Prime Agreement.
Other non-targeted instruments (affected by low and medium-impact news) can be traded normally.
For Instance: You can trade AUDNZD during the US – CPI release. However, you are not allowed to open or close USDJPY or GBPUSD during the window of 5 minutes before to 5 minutes after the CPI release.
For example: There is a High Impact news speech scheduled at 03:00.
Condition I: You are not allowed to open or close any trade (including limit, stop, TP & SL of any trade) between 02:55 & 03:05.
Condition II: If you are opening the trade before 02:55 and closing (including limit, stop, TP & SL of any trade) at any time between 02:55 & 03:05 it will still be considered a violation of our Terms of Service.
Condition III: If you are opening the trade before 02:55 and closing the same trade after 03:05, the trade will be considered valid and the profit will be counted.
For news announcements affecting USD, the restriction applies for Forex pairs with USD currency involved including the Indices offered, namely US30, NAS100, and SPX500.
Note: Trades can be held during any news event- High, Low, or Medium. The news release schedule and their impact levels can also be monitored in our Economic Calendar within the Client Portal. Trades with 3 blue bars are high Impact, 2 bars are medium Impact, and 1 bar is low Impact.
Holding of trades over the weekends is normally allowed in Challenge Phases 1 and 2. But for Hola Prime accounts, other than those issued under Direct Model, Weekend holding is considered a soft breach, and any trade remaining open at 15:45 EST time on Friday will be automatically closed by the system.
Why are trades closed at 15:45 EST?
Traders might get a worse fill if trades were closed at 17:00 EST when the weekend rollover takes place. To avoid these trades are being closed at 15:45 EST. Additionally, it takes us time to go over all accounts and close trades in bulk.
Note: Profit from trades that are closed by the system on Friday will be counted towards the payouts. Similarly, the trader is responsible for the violation in case any loss/deductions result in the breach of the daily loss limit or maximum loss limit in the respective account.
The company does not guarantee, represent, or warrant that the customer’s use of the service will be free from errors, timely, secure, or uninterrupted. The company does not assure that the results obtained from using the service will be accurate or dependable. The customer acknowledges that the company may suspend the service for indefinite periods or cancel it at any time, with or without prior notice. The customer expressly agrees that their use of, or inability to use, the service is solely at their own risk.
The service, along with all products and services provided to the customer through the company’s offerings, is made available ‘as is’ and ‘as available’, without any representations, warranties, or conditions of any kind, whether express or implied. This includes all implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.
Under no circumstances will the company, along with its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, regardless of whether the claim is based in contract, tort (including negligence), strict liability, or otherwise. This applies to any damages arising from the customer’s use of the service or any products obtained through the service, or for any other claims related to the customer’s use of the service or any product, including, but not limited to, errors or omissions in any content, or any loss or damage arising from using the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, the company’s liability will be limited to the fullest extent permitted by law.
The Customer agrees to indemnify, defend, and hold harmless The Provider, along with its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims or demands, including reasonable attorneys’ fees, or other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use or other terms applicable to your use of COMPANY products or services; (b) any allegation that any materials that you submit to us or transmit to us infringes or otherwise violates the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (c) your activities in connection with any COMPANY products or services.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect. The invalidity of one provision does not affect the validity of the other provisions.
If disputing a payment negatively impacts our standing with payment processors, we may suspend or terminate your account. Accounts with disputed transactions may be refunded or barred from further use.
Failure to enforce any provision of these Terms does not constitute a waiver of that provision. These Terms, along with any posted policies, represent the entire agreement between you and us regarding your use of the services.
Either party may terminate this Agreement at anytime in written notice to the other party.
The Company may terminate this Agreement immediately for cause, including but not limited to:
27.1 Hola Prime Limited shall not be liable to the Customer for any claims, losses, damages, costs, or expenses, including attorneys’ fees, that are caused directly or indirectly by certain events or circumstances.
27.2 Such events may include, but are not limited to:
In summary, Hola Prime Limited is not responsible for any losses or damages resulting from these extraordinary events or circumstances.
For Global Clients:
28.1 Any legal relations established by these Terms or related to them, as well as any related non-contractual legal relations, shall be governed by the laws of Hong Kong. Any dispute that may arise in connection with these Terms and/or related agreements will fall within the jurisdiction of the Hong Kong court having local jurisdiction according to the registered office of the Company.
For US Clients:
28.1 Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Hong Kong, or New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. The Parties shall evenly share the cost of arbitration. This clause shall not preclude Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. In the event of litigation or arbitration concerning the subject matter of this Agreement, the prevailing Party shall be entitled to recover all costs incurred by it, including such Party’s reasonable attorneys’ fees. The Parties agree that:
28.1.1 No arbitration proceeding hereunder whether a consumer dispute or a business dispute shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers, or potential customers, or persons similarly situated, and
28.1.2 No arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis and each waives the right to participate in a class action
28.2 This Agreement and any breach or purported breach thereof shall be construed and interpreted in accordance with the laws of Hong Kong without regard for its conflict of laws provisions.
28.3. The parties waive any right to assert any claims against the other party as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. To the extent either party is permitted by law or court of law to proceed with a class or representative action against the other, the parties agree that: (i) the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action (notwithstanding any other provision in this agreement); and (ii) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.
28.4 each party hereto hereby waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to this agreement or the transactions contemplated hereby (whether based on contract, tort or any other theory). Each party hereto (a) certifies that no representative, agent, or attorney of any other party has represented, expressly or otherwise, that such other party would not, in the event of litigation, seek to enforce the foregoing waiver and (b) acknowledges that it and the other parties hereto have been induced to enter into this agreement by, among other things, the mutual waivers and certifications in this section. This paragraph shall not apply to those parties located in either california or georgia.
By using the Website, you acknowledge and agree that:
20.1 You possess the necessary authority to accept these Terms of Service;
29.2 Your use of the Website will strictly adhere to the allowed activities outlined in these Terms of Service;
29.3 You will not infringe upon or misuse any User’s or third party’s confidentiality or intellectual property rights;
20.4 You will ensure compliance with all applicable local, provincial, and federal laws, as well as any policies published on the Website.
29.5 Your use of the Website should be exclusively for lawful purposes, following the guidelines set out in these Terms of Service and any notices or conditions provided on the Website.
29.6 If you use the Website on behalf of others or to offer services to others, you must ensure you have the proper authorization and that all individuals or entities served follow and agree to these Terms of Service.
We may update and revise these Terms of Service periodically. We retain the right to modify these Terms of Service at any time, with any changes becoming effective as soon as they are posted on the Website. We will attempt to notify you of significant changes at our discretion, either through email or via notifications on the Website. Continued use of the Website following any changes will be considered as your immediate and unconditional acceptance of the revised Terms of Service, regardless of whether or not we have identified the changes as significant.
For any questions or concerns, please contact us at contactus@holaprime.com or visit www.holaprime.com.
