Last modified on 22 June 2020 (Version 1.6)
Welcome to Tokens.net and thank you for choosing our service.
It is in our greatest interest to provide you with a trustworthy, transparent, safe, and reliable place to exchange ERC20 tokens and other cryptocurrencies, but in order to constitute a business relationship, you must abide by the terms and policies made herein.
Please read carefully the following Terms of Service (hereinafter: “Terms”) of the Tokens.net platform (hereinafter: “Platform”), that is operated by Token Holdings Group (hereinafter: “Operator” or “Token Holdings Group”), which is managed by Token Holdings Limited, 3rd Floor 207 Regent Street, London, United Kingdom, W1B 3HH, incorporated under the laws of England and Wales, company number 10997414.
If you do not agree with the Terms or you find yourself excluded by any condition or requirement provided herein, we ask you not to register and not to use the Platform and to deem any information, links or content contained on, provided by or sent by the Platform and/or the Operator immaterial and unrelated.
The Terms prevail above any subordinated documents, if not exclusively defined otherwise.
Your acceptance of the Terms constitutes an agreement (hereinafter: “Agreement”) to abide by each of the terms and conditions set out in the Terms, as provided below, and has the legal effect of a legal contract between you and the Operator.
You shall be bound by the Terms from the time you register and throughout your use of the Platform and/or each time you login into the Platform.
1. Introductory Provisions
1.1. Unless otherwise expressly provided, any service where you engage in digital asset trading activities, including but not limited to the digital asset transactions, provided by the Operator (hereinafter “Service”) shall be governed by the Terms.
1.2. Upon your logging into the Platform or using any Services offered by the Platform or engaging in any other similar activity, it shall be deemed that you have understood and fully agreed to all the terms and conditions of these Terms, including any and all changes, modifications or alterations made in accordance with section 7.10. (Validity and Change).
1.3. You understand that this Platform is only intended to serve as a venue of transactions for you to obtain digital asset information, find trading counterparties, hold negotiations on and effect transactions of digital assets. Neither the Platform nor the Operator, if not mentioned specifically, participate in any of your transactions, and you shall carefully assess the authenticity, legality and validity of the relevant digital assets and/or information, and solely bear the responsibilities and losses that may arise therefrom.
1.4. The Operator will take reasonable measures to ensure the accuracy of the information on the Platform; however, the Operator does not guarantee the degree of such accuracy, or bear any loss arising directly or indirectly from the information on the Platform or from any delay or failure caused by a failure to link up with the internet, transmit or receive any notice or information.
1.5. All opinions, information, discussions, analyses, prices, advice and other information on this Platform are general market reviews and do not constitute any investment advice. The Operator does not bear any loss arising directly or indirectly from reliance on the abovementioned information, including but not limited to any loss of profits.
1.6. Depending on your country of residence, you may not be able to use the Platform at all or may be limited in the use of its functions and functionalities. It is your responsibility to follow the legislation and other binding rules in your country of residence and/or the country from which you access this Platform and use the Operator’s services, as the legality of your usage does not lie with the Operator but with you to fully comply with the applicable laws. Should the need arise, the Operator may, in order to ensure compliance with applicable laws, prevent the usage of the Platform for certain nationals or tax residents.
1.7. The content of this Platform may be changed from time to time, and at any time, without prior notice. Such changes do not constitute a Terms change.
1.8. Amendments, changes, modifications or other sorts of changes to fees or policies do not constitute a Terms change.
1.9. The Operator will not provide any replies to messages outside the support if we do not find them relevant, notwithstanding specific inquiries, or emails provided in general. This may not imply that no action has been taken. Therefore, please do not re-send or escalate.
1.10. All headings herein are exclusively for the convenience of wording and are not intended to expand or limit the content or scope of the Terms.
1.11. For the purpose of the Terms, the following definitions apply:
1.11.1. Anti-Money Laundering (hereinafter: “AML”) means a set of internal and legal controls and checks that are broadly implemented, especially but not limited to the financial industry and other regulated entities, to prevent, detect, and report suspicious behaviour and potential money laundering activities to supervising bodies;
1.11.2. Application Programming Interface (hereinafter “API”) means a set of subroutine definitions, protocols and tools for building application software;
1.11.3. Base Currency represents how much of the Counter Currency is needed for you to get one unit of the Base Currency. Currencies constituting a currency pair (i.e. Base and Counter Currency) may be separated with a slash character, period, dash or nothing, subject to the Platform’s sole discretion;
1.11.4. Country of Residence means the place of your home or dwelling;
1.11.5. Cryptocurrency means a digital asset designed to work as a medium of exchange that uses cryptography to secure its transactions;
1.11.6. Discontinuing Action means an action by the Operator, at its own discretion, to temporarily or permanently cancel or restrict opening or access to an account or freeze or suspend an account, if, including but not limited to, someone who purports to register or to have registered fails to abide by the applicable laws, has engaged or might have engaged with actions, illegal activities or wrongdoing, targeted primarily against the Platform or third parties, or dismisses, disavows or fails to comply with the Terms at any time. In any case, the Operator is by such action released from any legal or financial responsibilities or claims to any party against which such Discontinuing Action has been carried out, including but not limited to losses of profit, goodwill, reputation, usage or data or any other intangible losses;
1.11.7. Fair Usage Policy: Services offered by the Platform are costly, and to keep many services free of charge to the users, the Operator may set a threshold above which such services become subject to a fee;
1.11.8. False Transaction means accidental, erroneous, incorrect or unintentional orders or instructions getting placed or being executed, but not limited to inputs outside typical market parameters, opposite trade direction, sizable or wrong crypto asset chosen, or wrong destination address withdrawal;
1.11.9. Directive EU 2018/843 means the Directive of the European Parliament and of the Council of 30 May 2018 amending Directive 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU (hereinafter: “MLD5”), and Directive EU 2015/849 means the Directive of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (hereinafter: “MLD4”), whereas any of aforementioned also Money Laundering Directive (hereinafter: "MLD");
1.11.10. Money laundering has the meaning as defined in Article 1 (3) and (4) of MLD4 (hereinafter: “Money Laundering”);
1.11.11. Terrorist financing has the meaning as defined in Article 1 (3) and (4) of MLD4 (hereinafter: “Terrorist Financing”);
1.11.12. Know Your Customer means a process of identifying and verifying the true identity of the client, User or business partner (hereinafter: “KYC”);
1.11.13. Persons known to be close associates has the meaning as defined in Article 3 (11) of MLD4 (hereinafter: “PKCA”);
1.11.14. Politically exposed person has the meaning as defined in Article 3 (9) of MLD4 (hereinafter: “PEP”);
1.11.15. General Data Protection Regulation means the Regulation (EU) 2016/679 of the European Parliament and of the Council, dated April 26, 2018, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter: “GDPR”);
1.11.16. GDPR Controller and GDPR Processor have the meaning as defined in Article 4 (7) and (8) of GDPR, respectively;
1.11.17. Personal data has the meaning as defined in Article 4 (1) of GDPR;
1.11.18. Supervisory Authority has the meaning as defined in Article 4 (21) of GDPR;
1.11.19. Official Language for the purpose of operating this Platform and for the purpose of communication is English. The Operator may always request that you provide data, documentation or communication in the Official Language. If you do not possess such documentation, a certified translation must be provided. Notwithstanding the aforementioned, accepting data, documentation or communication in a language different than the Official Language is at the Operator’s sole discretion, and the Operator is not obliged to provide any explanation or reasons to permit or reject the acceptance of anything in a language different than the Official Language, whatsoever;
1.11.20. Tokens are genuine representations and can represent basically any asset that is fungible and tradeable, from commodities to loyalty points to other cryptocurrencies;
1.11.21. Transaction Fees means all fees which are collected by the Platform on any transaction you may commence, initiate, execute, propose or request, including but not limited to Deposits, Withdrawals, Trades or other transactions made possible on the Platform (hereinafter: “Transaction Fees”);
1.11.22. Two-factor Authentication or 2FA means a second layer of security where you, in addition to your username and password, which is something that you know, enter a random number generated by an algorithm provided via SMS, voice call or through an application installed on your mobile device, which is something that you receive (hereinafter “2FA”);
1.11.23. User means a natural person, as stipulated by the Terms, who has concluded the registration process by validating an email.
2.1.1. The Platform provides Services as stipulated in section 1.3 (Introductory Provisions). To use the Services, you must register, and must abide by the Terms and the generally applicable legislation.
2.1.2. This Platform does not provide any services related to acceptance, handling, manipulation, replenishment or withdrawal of the legal currency of any country, nor does it issue electronic money in connection to such legal currencies.
2.1.3. The Platform does not participate in the transactions of digital assets between the buyer and the seller. Notwithstanding the aforementioned, the Platform collects fees from trades and selected Services and, from time to time, acts as a seller of collected fees and acts as a buyer of Dynamic Trading Rights (DTR) tokens, which are to be sent to the black hole address and cryptographically destroyed. The Operator may authorise a third party to act on the market on its behalf for the purpose of fee collection and/or purchase and/or token redemption.
2.1.4. Whenever you browse to place an order with the Platform, irrespective of buy or sale order, you shall read all the content in the transaction information, including but not limited to the price, consignment, handling fee, and buying or selling direction, and you shall accept all the contents contained in the transaction information before you may click on the button to proceed with the transaction, and it shall be deemed that you authorise the Platform to broker your interest and publicly display it on the Platform or match it against the interests of others, potentially executing a transaction between you and the parties providing an opposite interest.
2.1.5. The Operator reserves the right to modify, suspend or terminate the Services offered, at any time, and may do so without prior notice to you. If it terminates one or more of the Services offered, such termination will take effect at the time of the announcement.
2.1.6. The Operator shall take necessary technical means and management measures to ensure the normal operation of this Platform, shall provide the necessary and reliable trading environment and transaction services, and shall maintain the order of digital assets trading.
2.2.1. Support is available and offered to Users only.
3. Registration and Login
3.1. Eligibility to Register
3.1.1. Only natural persons may register to use the Platform.
3.1.2. You confirm that you are an individual of 18 years or above, provided that you assume legal control over yourself, your actions and your decisions, are fully responsible for all the activities you do and that you act with the capacity to abide by the laws (hereinafter: “Capacity to Act”).
The following Restriction from Use applies:
Nationals, residents and tax residents restricted from using the Platform:
United States of America (*) (**)
Afghanistan, The Bahamas, Botswana, Democratic People's Republic of Korea, Ethiopia, Ghana, Iran, Iraq, Libya, Nigeria, Pakistan, Panama, Samoa, Saudi Arabia, Sri Lanka, Syria, Trinidad and Tobago, Tunisia, Yemen (***)
(*) Includes also insular areas: Puerto Rico, Guam, Northern Mariana Islands, U.S. Virgin Islands and American Samoa
(**) Due to the nature of the Foreign Account Tax Compliance Act (FATCA).
(***) Countries identified as jurisdictions having strategic deficiencies in their regime on anti-money laundering and countering terrorist financing under article 9 of Directive (EU) 2015/849, pursuant EU Delegated Regulation (C(2019) 1326) and Annex to the Delegated Regulation (C(2019) (February 2019).
3.1.4. If you do not have the Capacity to Act or fall within the Restrictions to Use at the time of registration or at any time thereafter, you are not allowed to continue with registration or, if being registered, access the account or use the Platform, regardless of the reasons. If you fail to comply, the Operator is free to announce a Discontinuing Action against you.
3.2.1. Only one email address may be associated with one account on the Platform at a time.
3.2.2. For registering and opening an account, you must provide your email address and acknowledge that you have read, understood and accepted the Terms, which you will abide by throughout the time of using the Platform.
3.2.3. A validation email request will be sent to the provided email address. Once confirmed, the account becomes activated and you become a User.
3.2.4. Once you have filled in the information, confirmed that you have read, understood and accepted the Terms, and confirmed the validation email, you shall be deemed to have concluded the Agreement. From this point onwards, you must, at all times, use the services of the Platform in accordance with the Terms. Any breach or violation may result in an announcement of a Discontinuing Action against you.
3.3.1. Every User receives a main account upon registration. You may add subaccounts which are segregated and may be used at your sole discretion.
3.3.2. Desposits are possible only to the main account. Withdrawals are possible from main or subaccounts individually. Transfer amongst accounts is possible, up to the funds held and free of charge.
3.3.3. The Accounts and Services provided may only be used by you. If you fail to comply, waive credentials or provide access to any third parties, irrespective of their nature or reasons to access, the Operator is free to announce a Discontinuing Action against you.
3.4.1. You must use credentials for login.
3.4.2. You may be required to use a password of a certain strength and to change it periodically.
3.4.3. To increase your security, the Platform offers 2FA to login, and you are welcome to use it; however, the Platform may enforce its use.
3.4.4. By logging in or accessing the Platform, you confirm that you have the Capacity to Act, are abiding by the Restriction to Use and are consenting to the Terms.
4. Trading, Fees, Deposits, Withdrawals
4.1. Trading on the Platform.
4.1.1. You may only trade with crypto assets that you have in your account.
4.1.2. Trading between your accounts is possible, but subject to fees.
4.1.3. Minimum Order Size may apply.
4.1.4. A False Transaction is subject to Transaction Recovery.
4.1.5. Fees for the buyer are payable in the Base Currency, whereas for the seller in the Counter Currency.
4.2. Managing Deposits and Withdrawals
4.2.1. Deposits and withdrawals are subject to the Transaction Fees as provided in the fees section.
4.3. Fee Rounding
4.3.1. All fees, including but not limited to, trading fees, loan interest, liquidation fees and withdrawal fees are rounded up to the last decimal place.
5. AML and KYC Policy
5.1. The Operator is imposing AML and KYC standards to increase the integrity of this Platform.
5.2. The Operator is enforcing the KYC process to comply with AML laws, specifically to combat the exchange, transfer or use of funds originating from criminal or fraudulent activity, identity theft, tax evasion or money laundering, and to prevent their further use in criminal or terrorist activities and financing.
5.3. The Operator maintains internal policy on user verification and will, using appropriate criteria, factors and standards, designate you a verification level (hereinafter: “Verification Level” or “Tier”).
5.4. User is designated an entry Tier at registration which may be upgraded.
5.5. The Operator may request you to upgrade (hereinafter: “Obligatory Upgrade”) at any time if you meet certain thresholds based on the internal policy. Failure to comply with such request may temporarily restrict you from using the account, may result in freeze of funds and, terminally, trigger announcement of Discontinuing Action against you.
5.6. Upgrading your Tier may also be voluntary (hereinafter: “Voluntary Upgrade”) when you meet thresholds. Ability to Voluntary Upgrade becomes visible in the account section.
5.7. Any data and/or documentation you provide or you are requested to provide, at any stage, must be yours, accurate, complete, truthful and valid. If any information and/or documentation you have provided is inaccurate or becomes obsolete, you have an obligation to promptly amend, change, modify or report, and, if so required, even undergo re-verification.
5.8. The Operator reserves the right to redefine Verification Levels without prior notice and may implement new or additional policies or requirements which may also result in downgrading your existing Tier or request Obligatory Upgrade.
5.9. You agree that if you fail to provide accurate, complete, truthful and valid information and/or documentation, or the latter turn to be invalid over time, are downgraded or you fail to achieve a desired Verification Level or be requested Obligatory Upgrade, you may be limited from trading, transacting, depositing or withdrawing.
5.10. For the purpose of AML you should always keep records to provide material evidence for the purpose of the Operator’s check or verification, included but not limited to proof of funds and proof of wealth, nature of the source of deposit or reasons to withdraw or the identity of the destination beneficiary.
5.11. The Operator may initiate an inquiry, where you bear the burden to prove the origin of funds, provided such funds belong to you or you have the mandate to possess them and have legal proof of their ownership, and reasons to transact them to the Platform. Failure to comply with such request may temporarily restrict you from using the account, may freeze your funds or trigger announcement of Discontinuing Action against you.
5.12. You agree to take appropriate actions to secure your interests or you shall be solely responsible for being limited, or experiencing any loss, and will not hold the Operator liable nor responsible for any limitation against you or losses arising from such limitations.
5.14. The Operator may, if required under MLD or acting upon its sole discretion, bring attention to, provide data or collaborate in any way with authorities defined by MLD. Such activity may be triggered by reported or identified abuse, monitoring of transactions or suspicious activity, individually or collectively, or if requested by authorities defined by MLD or law enforcement authorities and agencies.
6.1. Trading with cryptocurrency is highly risky. Always use your clear judgement.
6.2. You must be willing to accept high risks and to ascertain that your personal financial position may not be jeopardised by buying, selling, trading, transacting or manipulating cryptocurrencies and tokens.
6.3. Prices can and do fluctuate over time. Such price fluctuations may substantially increase or decrease the value of your assets at any given moment, which may be stressful or generally not suitable for the vast majority of people. There is an inherent risk that losses will occur as a result of buying, selling or trading, and that you may generate losses and that certain cryptocurrencies or tokens may even become worthless.
6.4. If you have any doubts, you are advised to seek assistance from a financial adviser prior to using the Platform, registering, buying, selling, trading and transacting.
6.5. Unlike most currencies, which are backed by governments or other legal entities, or commodities, being physical in nature, such as oil, gold or silver, cryptocurrencies are of a unique type, backed solely by technology and trust. There is no central bank that can issue more currency or take corrective measures to protect the value of cryptocurrencies in a crisis. Instead, cryptocurrencies are as yet an autonomous and largely unregulated global system of currency firms and individuals. Traders put their trust in a digital, decentralised and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.
6.6. Cryptocurrencies and tokens often experience unexpected price changes, following the general sentiment of the community or a drop in confidence imposed by governmental statements or actions, including crackdowns on illegal activities, legislative changes, technical issues on the network, statements from the general public, high profile individuals or institutions, or the creation of competitive and/or alternative currencies. Such actions may lead to either a substantial drop in demand or supply, which may result in significant price changes, significantly changing the value of the assets.
6.7. There may be other risks currently not foreseen by the Operator that may be reflected in future price changes and market developments; thus, you should be alert at all times to promptly adjust your individual risk profile to such changes.
7.1. Effectiveness of the Agreement
7.1.1. The Agreement between you and the Operator shall enter into force when you click through the registration page of the Platform, where you acknowledge, understand and give consent to the Terms, and you verify the provided registration email, and it shall be binding throughout your use of the Services and Platform.
7.2. Limitation and Exclusion of Liability
7.2.1. The Operator cannot control the quality, security or legality of the digital assets involved in any transaction, the truthfulness or accuracy of the transaction information, or the capacity of the parties of any transaction to perform their obligations under the transaction documents.
7.2.2. You shall cautiously make judgements on your own about the truthfulness, legality and effectiveness of the digital assets and information in question, and solely undertake any liabilities and losses that may be caused thereby.
7.2.3. Unless expressly required by the applicable laws, the Operator shall not have any duty to conduct a preliminary review of the information data, transaction activity or any other transaction related issues of any users.
7.2.4. The time to deposit and withdraw depends on network congestion and committed fees by transmitters and may, in certain situations, be lengthy, and the Operator shall not, in any case, be liable or responsible for any delays or losses incurred by transaction times, which may arise from funds being received or withdrawn, including but not limited to your or the Operator’s decisions, commitments or settings for deposit or withdrawal rails.
7.2.5. The Operator does not have any responsibility or obligation to process deposits or withdrawals or any other transactions within any specified time interval, or liability from any delays or losses incurred by such right that may arise from funds not being executed, transferred or processed during the period of such deferral.
7.2.6. The Operator does not make any explicit or implicit warranties regarding your use of the Services offered by the Platform, including but not limited to the applicability, freedom from error or omission, consistency, accuracy, reliability, and applicability to a specific purpose of the Services. Furthermore, the Operator does not make any commitment or guarantee in connection with the validity, accuracy, correctness, reliability, quality, stability, integrity and timeliness of the technology and the information covered by the Services offered by this Platform. Whether to log in to this Platform or use the Services is your personal decision, and therefore, you shall bear all the risks and possible losses, costs, etc., arising from such decision.
7.2.7. The Operator disclaims any express or implied warranty with regard to the Services, including but not limited to applicability, freedom from error or omission, continuity, accuracy, reliability or fitness for a particular purpose, and disclaims any promise or warranty with regard to the effectiveness, accuracy, correctness, reliability, quality, stability, completeness and timeliness of the technology and information involved by the Services or the Platform.
7.2.8. You are fully aware that some information on the Platform that is published or provided by Users on their own may contain risks or defects. The Operator specifically excludes its liability in regard to such information.
7.2.9. The Operator does not make any explicit or implicit warranties in connection with the market, value and price of digital assets. You understand and acknowledge that the digital asset market is unstable, that the price and value of assets may fluctuate or collapse at any time, and that the transaction of digital assets is based on your personal free will and decision, and therefore, you shall assume any and all risks and losses that may possibly arise therefrom.
7.2.10. The Operator does not make any explicit or implicit warranties in connection with software, hardware or the internet, their availability and reliability, and the Operator specifically excludes any liability in regard to any distortion, delay and link failure.
7.2.11. The Operator cannot be held liable for any failure or delay of Services resulting from regular equipment maintenance of the information network, connection error of the information network, error of computers, communication or other systems, power failure, strike, labour disputes, riots, revolutions, chaos, insufficiency of production or materials, fire, flood, tornado, blast, war, governmental acts or judicial orders, other acts that are not within our control or beyond our ability to control, or due to causes on the part of third parties. The Operator shall not assume any responsibility for such failure to provide Services or delay in providing Services, or for the resultant loss you may sustain as a result of such failure or delay.
7.2.12. You agree to indemnify and hold harmless the Operator, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees and court fees, arising out of your use of the Platform and Services, including but not limited to your violation of the Terms and the Agreement.
7.2.13. Under any circumstance, the Operator’s liability for your damage will not exceed the total cost incurred by your three (3) months’ use of the Services offered by this Platform.
7.2.14. The Operator provides the Services in an “as is” and “commercially available” condition.
7.3.1. It is prohibited to use this Platform and Services for any illegal activities, such as money-laundering, smuggling, commercial bribery, etc. Upon uncovering any such illegal activities, the Operator will adopt all available measures, including but not limited to initiating Discontinuing Actions, notifying the relevant authorities and so on, and the Operator shall not be liable or responsible for any consequences or liabilities towards you and your funds arising from such actions by you.
7.3.2. If it is later revealed that you should not be permitted to use the Platform or that you are in any breach of the Terms or in violation of the applicable laws, the Operator may, at its own discretion, temporary or permanently suspend you from accessing and/or using your account until the issue is cured or may terminate your account irreversibly by triggering a Discontinuing Action against you, which means losing your funds permanently.
7.3.3. During any transaction with other members, you will act in good faith, will not take any acts of unfair competition, will not disturb the normal order of online transactions, and will not engage in any acts unrelated to online transactions.
7.3.4. You shall not use any data provided by the Platform or the Operator within the Services for commercial purposes, including but not limited to using any data displayed on the Platform through copying, dissemination or any other means without prior written consent from the Operator.
7.4. Intellectual Property
7.4.1. All intellectual achievements included in this Platform, including, but not limited to, website logos, databases, website design, text and graphics, software, photos, videos, music, sounds and the intellectual property rights of software compilation, associated source codes and software (including small applications and scripts) and any combinations of the aforementioned are the sole property of the Operator and are protected by copyright, trademark and other intellectual property rights arising from the applicable laws. You may view, print and/or download a copy of the materials from the Platform onto any single computer solely for your personal, informational and/or non-commercial use, provided that you comply with all copyright and other proprietary notices.
7.4.2. The trademarks, service marks and logos of the Operator and other providers and/or vendors used on the Platform ("Trademarks") are the sole property of the Operator or their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video and audio used on this Platform belong to the Operator. The Trademarks and any materials provided should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated.
7.4.3. The use of any such materials on any other website or networked computer environment for any other purpose is strictly prohibited. Any such unauthorised use may violate copyright, trademark and other intellectual property rights arising from the applicable laws and could result in criminal and/or civil penalties.
7.5. Governing Law and Jurisdiction
7.5.1. These Terms and the Agreement concluded on the basis of the Terms shall be governed by, construed and enforced in accordance with the laws of England and Wales.
7.5.2. Any claims or actions arising out of or relating to the Services shall be governed, interpreted and enforced in accordance with the laws of England and Wales.
7.5.3. You unconditionally and expressly agree to the exclusive jurisdiction of the courts of England and Wales in all claims or actions against or involving the Operator arising from or relating to the Services or these Terms. The Doctrine of Forum Non Conveniens does not apply.
7.5.4. If any dispute arises between you and any other User in connection with the online transaction provided by this Platform, you may not resort to any means other than judicial or governmental means to request the Operator to provide relevant information.
7.6. Transfer of Rights
7.6.1. The Operator shall be entitled to assign all or a part of its rights and obligations under these Terms to a third party, and you acknowledge and waive any right or request to provide consent at any time, either before or after such assignment.
7.7.1. If any provision of these Terms or the Agreement is found unenforceable, invalid or illegal by any court under the governing law, the validity of the remaining provisions of these Terms shall not be affected.
7.8. No Agency
7.8.1. Nothing in these Terms or the Agreement concluded in accordance with the provisions of the Terms shall be deemed to have created, implied or otherwise treated the Operator as your agent, trustee or other representative, unless specifically provided otherwise.
7.9. Termination of Services
7.9.1. You hereby agree that the Operator shall have the right to terminate all or part of the Services to you, to temporarily or permanently freeze (cancel) the authorisations of your account on the Platform at the Operator’s sole discretion, at any time and without any prior notice, for any reason, and the Operator shall not be liable or responsible to you; however, the Operator shall have the right to keep and use the transaction data, records and other information related to such account.
7.9.2. In case of any of the following events, the Operator shall have the right to directly terminate the Services by cancelling your account, and shall have the right to permanently freeze (cancel) the authorisations of your account on the Platform and withdraw the corresponding account thereof:
188.8.131.52. After the Operator terminates the Services to you, you allegedly register or register in any other person’s name;
184.108.40.206. Any of the content of the User’s information that you have provided is untruthful, inaccurate, outdated or incomplete, and you fail to amend or change it timely unilaterally, or upon request;
220.127.116.11. When the Terms are amended, and you expressly state and/or notify the Operator of your unwillingness to accept the amended version of the Terms;
18.104.22.168. Any other circumstances where the Operator deems it appropriate to terminate the Services.
7.9.3. After the account is terminated or the authorisations of your account on the Platform are permanently frozen (cancelled), the Operator shall not have any duty to keep, disclose or provide you or any third party any information from your account, unless to comply with the rules of GDPR or MLD.
7.9.4. If the Operator terminates your account or permanently freezes (cancels) the account authorisations, it shall be deemed that the Agreement concluded in accordance with these Terms is terminated. However, you expressly agree that, after the termination of the Agreement between you and the Operator, the Operator shall, in order to abide by the applicable laws, still have the right to keep your Personal Data and other relevant transaction information provided or gathered during your use of Services.
7.10. Validity and Change
7.10.1. The date of the latest version of these Terms is printed at the top of this document.
7.10.2. The Operator may amend the Terms autonomously, from time to time, as the case may be, without prior individual notice to you.
7.10.3. Any amendments to the Terms shall come into force immediately and automatically upon being announced on the Platform’s website. The precise method of the announcement is left to the Operator’s sole discretion.
7.10.4. If you, after the announcement of amendments to the Terms, continue to use the Platform and the Services provided by the Operator, you shall be deemed as having accepted the amendments.
7.10.5. If you disagree with such amendments, you shall immediately stop using the Platform and the Services provided by the Operator. Notwithstanding the aforementioned, the Operator may provide you with a reasonable grace period to cure or fulfil the requirements or to provide the substance or autonomously withdraw from using the Platform and Services, subject to the Operator’s discretion and as the case may be.
8.1. Tokens.net (any holding companies, subsidiaries or related entities, all of which are hereinafter referred to as the ”Lender”) launched a Loans service to grant Tokens.net user (hereinafter referred to as the ”Borrower”) a credit facility (hereinafter referred to as the “Credit Facility”) for borrowing cryptocurrency against DTR token collateral (hereinafter referred to as the ”Collateral”).
8.2. The Borrower shall abide by the relevant laws of the Lender’s legal jurisdiction to ensure that the sources of assets are legitimate and the transaction is compliant when using the Credit Facility.
8.3. The current market value of the Collateral must at all times be sufficient to cover at least one hundred percent (100%) of the total amount owed on the Credit Facility (including accrued interest and fees).
8.4. Interest shall be calculated and debited by the Lender on a periodic basis, as a rule at the end of each calendar day (UTC time).
8.5. The daily interest rate applicable to the Credit Facility, as well as any fees related there to, shall be always visible on the Credit Facility web page.
8.6. It is expressly agreed that the Lender has no obligation to evaluate, monitor or verify the use or the allocation of the borrowed funds.
8.7. If, in the Lender’s opinion, the market value of the Collateral Security is less than the required level of security, the Borrower shall, at the Lender’s request, furnish additional Collateral and/or make the required reimbursements and/or instruct the Lender to liquidate the necessary amount of the Collateral.
8.8. Any breach by the Borrower of the obligation to furnish any additional Collateral and/or to make the required reimbursements and/or instruct the Lender to liquidate the necessary amount of the Collateral, to the satisfaction of the Lender, shall constitute an event of default and shall permit the Lender to liquidate the required Collateral up to the amount owed on the Credit Facility (including accrued interest and fees).
8.9. The Borrower should fully recognize the risks of investment in cryptocurrency and operate cautiously before using the Loans service.
8.10. The Borrower agrees that all investment operations conducted on Tokens.net represent their true investment intentions and that they unconditionally accept the potential risks and benefits of their investment decisions.
8.11. Due to network disruptions, computer system failures and other force majeure, which may lead to delay, suspension or deviation of Loans service execution, Tokens.net will use commercially reasonable best efforts to ensure but not promise smooth operation of Loans service. Tokens.net does not take any responsibility if the final outcome of using Loans service doesn’t match your expectations due to the above factors.
8.12. Loans terms are subject to change at any time without notice.
9.1.1. The following terms and conditions (the “Affiliate Program Terms”) govern your participation in Tokens.net’s affiliate program (the “Affiliate Program”). These Affiliate Program Terms supplement, and form part of, our standard terms of service.
9.2.1. Only users with accounts at Tokens.net may participate in the Affiliate Program. Your participation in the Affiliate Program is always entirely at Tokens.net discretion. You can be removed from the Affiliate Program at any time for any reason or no reason. If you violate any of the Affiliate Program Terms, you can be immediately removed from the Affiliate Program and any amounts you may have received or been entitled to receive under it will be forfeited by you. Please consider these important limitations before deciding whether to participate in the Affiliate Program.
9.2.2. Every user that generates a referral code or uses it in any way acknowledges to have read, understand, and completely agree with these Affiliate Program Terms, as updated and amended from time to time. Your only recourse in case of your unwillingness to be bound by these Affiliate Program Terms, as updated and amended from time to time, is to either: (1) never enter, generate or send a referral code, or (2) cease your participation in the Affiliate Program by opening a support ticket and completing the process required by Tokens.net, or similar process as Tokens.net may designate from time to time.
9.2.3. Disclaimer: Corporate clients are allowed to be referrers but not referees. When a client is marked as corporate, affiliate connection in which the client is a referee should be disabled.
9.3.1. Affiliate program enables existing users to refer new users and receive revenue share from referee volume. Affiliate program receives revenue share only from trading fees, other fees (withdrawals, lending etc.) are not subject to this program.
9.4. Relationship when participating
9.4.1. You may not speak in the name of Tokens.net or any of its Affiliates or bind Tokens.net in any way. You do not hold any right for Tokens.net and may not make any claims, representations, or warranties in connection with Tokens.net, including with respect to the Site, Services, or Affiliate Program. You have no authority to bind Tokens.net to any obligation, thus you cannot do so. Both you and Tokens.net are independent contractors and nothing in this agreement will create any partnership, joint venture, franchise, sales representation, or employment relationship between any user or/and Tokens.net.
9.5. Non-Exclusivity; No Obligation
9.5.1. The Affiliate Program is not exclusive. In case you participate at Affiliate Program that does not mean you have any right or obligation towards Tokens.net and right to use Tokens.net website or any other services that Tokens.net might offer.
9.5.2. Your Duties and Acknowledgments:
22.214.171.124. By using the Affiliate Program you understand that the purpose of such a program is merely to encourage referrals of new users to the Site and Services and nothing else. You, no matter if you use Affiliate program to refer a person or as a Referee, agree to act in good faith and in accordance with this intention and will not use Affiliate Program for any other purposes, otherwise you shall take full responsibility and liability.
126.96.36.199. You commit not to refer any person who is a Prohibited Person, otherwise you shall take full responsibility and liability.
188.8.131.52. You must comply with all applicable laws in connection with your activities under these terms, including when referring persons to the Site or Services.
184.108.40.206. You must ensure that any statements you make in connection with referring Persons to the Site or services are (i) professional, accurate, and truthful; (ii) not misleading or deceptive (for example, do not give any false information on the nature of your relationship with Tokens.net or any other relationship); and (iii) not offensive, illegal or obscene.
220.127.116.11. You agree not to engage in spam, any electronic messaging that is prohibited by applicable laws, illegal solicitation, or fraudulent or deceptive solicitation, otherwise you are the only one liable for such activities.
9.6.1. Any person you refer to Tokens.net will be required to open an Account in order to become a Member.
9.6.2. When a visitor visits the platform via referral link, referral code is saved to the cookie for 3 months. When visiting the platform using multiple referral links, the first one counts (until expiration). Referral code cannot be manually entered by the referee. Referee is associated with an affiliate code for the lifetime of his/her account.
9.6.3. Tokens.net reserves the right to refuse any person and account for any reason or no reason. Tokens.net may refuse to continue to permit any person to use the Site or Services at any time, as described in a Terms of Service. The fact that a person is, or may become, a Member, in no way impacts these rights.
9.6.4. As a Member or Referee you acknowledge that Tokens.net may make available Your Affiliate, information that allows Your Affiliate to see the Member Payment, which are associated with that referral code in order to make payouts according to this Program. Furthermore, since the Member Payment we calculate based on your participation in the Affiliate Program as a Member is connected to your Eligible Fees, and your Eligible Fees are connected to your trading activities on Tokens.net, you acknowledge that the information Your Affiliate sees may provide them information connected to your trading activities. Tokens.net shall make sure that such information does not specifically identify you, but if Your Affiliate remembers or made note of who Your Affiliate provided which referral code to, Your Affiliate may be able to identify you and connect you to your trading activities.
9.8. Generating Affiliate Codes
9.8.1. You have an affiliate account enabled by default. In case your account is disabled you cannot access affiliate program views. Disabled Affiliate Codes do not generate any payouts (to either referrer or referee).
9.10.1. Payouts are performed daily (after UTC midnight) for the previous day. Full fee is counted as summed USD volume of all referees multiplied by 0.1% (counted as if both makers and takers paid 0.1% fee). Fee is converted to BTC using the last market price. Fee is then split between referrer or referee based on configured percentages and referrer’s tier and paid to each client’s main account. Each client receives payout for all affiliate codes and referee fee share in a single daily transaction.
9.10.2. Revenue share ratio depends on the client's tier. To be in a certain tier, a client needs to either have “minimum DTR balance” or “minimum total balance” where balance is the total balance summed over all trading accounts at the time the payout is made. Values presented on the Platform are valid and can change at any time.
9.11. Changes to the Affiliate Program; Affiliate Program Terms; Fees
9.11.1. Tokens.net may update or amend the Terms of Service, Affiliate Program Terms, Site, Services, any Eligible Affiliate Program Fees, any Affiliate Program Payments, fees charged in connection with the Services or other elements of the transactions contemplated by these Affiliate Program Terms at any time and from time to time (“Changes”). Tokens.net may make Changes for any reason or no reason. These Changes may make your participation in the Affiliate Program more or less valuable to you and may result in you no longer being eligible to participate in the Affiliate Program. Your only recourse in the case of Changes is to cease your participation in the Affiliate Program by opening a support ticket and completing the process required by Tokens.net to cease your participation in the Affiliate Program, or such other process as Tokens.net may designate from time to time. Continued participation in the Affiliate Program following a Change will constitute your binding acceptance of the Change.
9.12. Limitation of Liability and Release
9.12.1. In addition to the Limitation of Liability and Release provisions set out in the Terms of Service, Tokens.net also assumes no liability or responsibility for and shall have no liability or responsibility for any Losses directly or indirectly arising out of or related to:
a) these Affiliate Program Terms;
b) the Affiliate Program and your participation in it;
c) any communications you have with a Member or other person regarding the Affiliate Program;
d) any breach of these Affiliate Program Terms,
e) any failure by you to comply with applicable Laws (including laws governing privacy or electronic messaging); and
f) any negligent or intentional acts or omissions by you.
9.12.2. You hereby agree to release the Associates from liability for any and all Losses, and you shall indemnify and save and hold the Associates harmless from and against all Losses. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, violation of law or regulation, or any other basis, even if the Associates have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.
9.13.1. Your participation in the Affiliate Program and the application of these Affiliate Program Terms commence when you enter a referral code for the Affiliate Program as a part of setting up your Account, or when you generate a referral code, or send a referral code to any person or take other steps to engage a person to participate in the Affiliate Program. These Affiliate Program Terms will apply indefinitely after that, until your participation in the Affiliate Program ends. If your participation in the Affiliate Program ends, all Affiliate Program Payments will end on the same date. These terms will continue to apply after your participation in the Affiliate Program ends.