1.2. By using any of the Services, you understand and agree that the Site (defined below) is only an interface for the public blockchain TomoChain and TomoDex. TomoDex is a decentralized exchange powered by the TomoX protocol. TomoDex is operated via TomoChain Pte., Ltd yet secured by the trustless TomoChain Blockchain, where performance and decisions are not made by a single entity.
1.4. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1.5. You agree that by using the Services, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.
1.6. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
1.7. For the convenience of the Users, all content on this Site may be available in multiple languages. In case of any conflict between different language versions of such content or any omission in any language version, the English version of such content shall prevail.
1.8. Where the Company has published a document that is referred to within these Terms (such as a policy document), that document shall also form part of these Terms and shall be deemed to have been agreed to by you. In the event of any conflict between these Terms and a document referenced within them, these Terms shall prevail
"Digital Assets" means blockchain-based assets or rights, or other similar digital representations of rights or assets;
“TomoChain” means the TomoChain public blockchain secured by the Masternode Infrastructure
“Masternodes” are full-nodes that create, verify and validate new blocks in TomoChain’s platform.
“TomoX” means the layer-1 protocol of TomoChain which provides an almost turn-key solution to launch a decentralized exchange with only a few steps.
"Service" means any of the services, functions, or features offered from time to time on or through the Site, including digital asset trading and financing (buy, sell, lend, borrow).
"Site" means the Internet website dex.tomochain.com. The Site is a trading, discussion, and information platform for the purposes of purchase, sale, borrowing and lending of digital assets.
“Wallet” means a combination of a user’s public address and corresponding private key (or mnemonic phrase or keystore file with password) that holds any Digital Assets that are created and/or received on TomoChain, which may associate with corresponding transactions related to this address.
(a) clause and paragraph headings shall not affect the interpretation of these Terms;
(b) a reference to a person shall include a reference to an individual, firm, company, corporation, partnership, unincorporated body of persons, government, state or agency of a state or any association, trust, joint venture or consortium (whether or not having separate legal personality) and that person’s personal representatives, successors, permitted assigns and permitted transferees;
(c) unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular; and
(d) unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
3.1. You can only use our Services if permitted under the laws of your jurisdiction. Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you.
3.2. Representations and warranties are statements and promises made by you to the Company upon which we rely as being accurate in our dealings with you. By using our Services, you represent and warrant to the Company that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use our Services, however, and we reserve the right to change our eligibility criteria at any time. You make the following representations and warranties to us at the time of entering into these Terms and every time you use our Services:
(a) you are at least eighteen (18) years old and be able to form legally binding contracts. Persons under the age of 18 are not permitted to use the Site;
(b) you are of sound mind and have the capacity to enter into these Terms;
(c) all personal information that you provide about yourself is accurate and true to the best of your knowledge;
(d) you have carefully considered the risks involved with using the Site the Services and also the risks associated with trading and peer-to-peer lending, including but not limited to the possibility of losing all the digital assets you have;
(e) you will only ever use your legally own digital assets unless you are authorized on behalf of a third party (“Third Party“) and we agree that you may act on behalf of that Third Party. We may request that you provide written authorization from the Third Party confirming you have the necessary authority to deposit, trade and lend, borrow digital assets on their behalf;
(f) if you are registering or accepting these Terms on behalf of a legal entity such as a company, trust or partnership, you further represent and warrant that: (a) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (b) you are duly authorized by such legal entity to act on its behalf;;
(g) you are not breaking any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting;
(h) you will not use the Site or any Services in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband digital assets or proceeds;
(i) any trading or other instructions received or undertaken through your signature credentials are deemed to be valid, binding, and conclusive, and that the Company may act upon those instructions without any liability or responsibility attaching to it; and
(j) your use of the Services does not violate any laws or regulations applicable in your country of residence.
The users of our Services are solely responsible to determine what, if any, taxes apply to their transactions. The Company does not provide any advice or guidance in relation to tax or otherwise. The Company is NOT responsible for determining the taxes that apply to your transactions. It is your responsibility to ensure that any tax liabilities which you incur are paid to the relevant taxation authority.
5.1. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (collectively, the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Singapore, foreign jurisdictions, and international conventions.
5.2. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5.3. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
6.1. As a user of the Services, we grant you a limited, personal, non-commercial, non-exclusive, non-transferable, and revocable license to use our Services.
6.2. You may not:
use the Site or any Service to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband digital assets, funds, or proceeds. This includes any local, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use our Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, illegal gambling, fraud, money laundering, or terrorist activities. If we discover that you have violated this Agreement or other regulatory requirements by participating in money laundering or by financing terrorist activities, we will take proportional disciplinary action. You further agree not to encourage or induce any third party to engage in any of the activities prohibited under this Section.
trade or borrow or lend on or through the Site, or use any Services, with anything other than funds, keys, or digital assets that have been legally obtained by you and that belong to you
use the Site or any Services to interfere with or subvert the rights or obligations of the Company or the rights or obligations of any other Site user or any other third party without authorization or use our Services in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it.
trade or lend or borrow using inaccurate information presented by the Site or by the Company or take advantage of any technical glitch, malfunction, failure, delay, default, or security breach
distribute any virus or other harmful computer code through our Services. You also agree to not take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers’ infrastructure.
bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to the Services including, without limitation, other accounts, computer systems, or networks connected to the Services.
7.1. The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
7.2. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
7.3. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
7.4. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in 7.5. relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
These Terms and Conditions shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses), to any user for any or no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use or participation in the Site or delete any content or information that you posted at any time, without warning, in our sole discretion. In addition, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
9.1. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
9.2 We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
9.3. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
9.4. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
9.5 Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. the Company does not warrant that any of the materials on its Services are accurate, complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. However the Company does not make any commitment to update the materials.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
In consideration for the use of the Services, you agree to pay the Company fees, as set forth in our fee schedule displayed on the Site (“ Fee Structure”) (link), which the Company may revise or update in its sole discretion from time to time. By using our Services, you acknowledge your acceptance of those fees.
13.1. You acknowledge and confirm that you have carefully considered the risks involved in wrapping and unwrapping digital assets through our Platform. The following risks associated with digital assets and the Platform are not exhaustive.
Wallet address, private key, and backup capabilities.
You are solely responsible for maintaining the security of your private key and any mnemonic (backup) phrase associated with your wallet. You must keep your wallet address, mnemonic (backup) phrase, and private key access information secure. Failure to do so may result in the loss of control of digital assets associated with the wallet. You are to be fully responsible for safeguarding access to, and any information provided through, the Site and the Platform including, but not limited to, private keys, public keys, key seeds and address details.
Your wallet is not accessible by the Company, and the Company does not receive or store your wallet password, encrypted private key, unencrypted private key, or mnemonic (backup) phrase associated with your wallet. We cannot, therefore, assist you with wallet password retrieval. If you have not safely stored a backup of any wallet address and private key pairs maintained in your wallet, you accept and acknowledge that any digital assets you have associated with such a wallet address will become inaccessible if you do not have your wallet password.
Digital asset transactions.
In order to be completed, all proposed digital asset transactions must be confirmed and recorded in the corresponding public blockchain. By using the Platform, you acknowledge and agree that the transaction details you submit may not be completed, or may be substantially delayed, by that public blockchain network.
Once transaction details have been submitted via the Platform, we cannot assist you to cancel or otherwise modify your transaction. You must ensure that you have an adequate balance in your wallet and/or gas to complete transactions before initiating a transaction.
Software protocols and operational challenges
The software protocols that underlie digital assets are typically open-source projects, which means that (i) the development and control of such digital assets are outside of the Company’s control and (ii) such software protocols are subject to sudden and dramatic changes that might have a significant impact on the availability, usability or value of a given digital asset.
You are aware of and accept the risk of operational challenges. The Company may experience sophisticated cyber attacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions to the Platform and the Site. You understand that the Platform and the Site may experience operational issues that lead to delays. You agree to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree not to hold the Company accountable for any related losses.
All users understand that the technology underlying digital assets is subject to change at any time, and such changes may affect the Platform. You claim full responsibility for monitoring such technological changes and understanding their consequences for your digital assets. The Company does not take any responsibility for any loss or damage incurred as a result of your use of the Platform or your failure to understand the risks involved associated with digital assets use generally or your use of our Services
Legislative and regulatory changes
Legislative and regulatory changes or actions at the domestic or international level may adversely affect the use, transfer, exchange, and value of digital assets.
You understand and agree that the Company has no control over, and no duty to take any action including, but not limited to:
Failures, disruptions, errors, or delays in processing digital assets that you may experience while using the Platform;
The risk of failure of hardware, software, and Internet connections;
The risk of malicious software being introduced or found in the software underlying our Platform;
The risk that third parties may obtain unauthorized access to information stored within your wallet, including, but not limited to your wallet address, private key, and mnemonic (backup) phrase;
Disasters may damage the digital asset systems resulting in loss of digital assets held by users.
Mistakes made by the user of any digital asset-related software or service, e.g., forgotten passwords, and digital assets sent to wrong addresses.
Software problems of any digital asset-related software or service, e.g., corrupted wallet file, incorrectly constructed transactions, unsafe cryptographic libraries, malware affecting the wallet and/or any digital asset-related software or service
Technical failures in the hardware of the user of any digital asset-related software or service, e.g., data loss due to a faulty or damaged storage device
Security problems experienced by the user of any digital asset-related software or service, e.g., unauthorized access to users' wallets and/or accounts
Actions or inactions of third parties and/or events experienced by third parties, e.g., bankruptcy of service providers, information security attacks on service providers, and fraud conducted by third parties.
13.2. You acknowledge and confirm that you have made your own independent decision to make any wrapping or any unwrapping action and that your decision is based on such information as you deem appropriate under the circumstances and is without reliance upon the Company or any member of the Company.
13.3. You are solely responsible and liable for any and all trading and non-trading activity on or through the Site and for your wallet on the Site; and, for knowing the true status of any order or trade with any other party on the Site, even if presented incorrectly by the Site at any time. There is no guarantee against losses on or through the Site.
13.4. Digital asset trading and financing entails certain risks. Risks include, but are not limited to market risk, liquidity and listing risk, legal risk, trading risk, or risks associated with financing activities. You acknowledge and agree to be fully responsible and liable for your trading and non-trading actions and inactions on or through the Site and all gains and losses sustained from your use of the Site and any of the Services; to be responsible for any negative balance in your wallet(s) on the Site; to be fully responsible and liable for all of your obligations with respect to any financing activities on the Site. There is no guarantee against losses on or through the Site.
14.1 You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including, without limitation, attorneys’ fees or the costs of any claim or suit), made by any third party due to or arising out of:
use of the Site and the Services;
any breach of your representations and warranties set forth in these Terms and Use;
any overt harmful act toward any other user of the Site with whom you connected via the Site.
the real or perceived value of any digital assets, or the price of any digital asset displayed on the Site at any time;
any inaccurate, misleading, or incomplete statement by the Company or on the Site regarding your wallets, whether caused by the Company’s negligence or otherwise;
any failure, delay, malfunction, interruption, or decision (including any decision by the Company to vary or interfere with your rights) by the Company in operating the Site or providing any Service;
any stolen, lost, or unauthorized use of your wallet information any breach of security or data breach related to your wallet information, or any criminal or other third party act affecting the Company.
14.2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
15.1. For the purposes of this clause, “Force Majeure Event” shall mean any circumstance outside the Company’s control including but not limited to any interruptions or failures relating to internet service providers, internet signal, connections, electricity providers, configurations of any user’s computers, any acts of god, flood, drought, earthquake or other natural disaster, any collapse of buildings, fire, explosion or accident, any acts of terrorism, civil war or commotion, riots or any law or any action taken by a government or public authority, including, without limitation, the failure to grant a necessary licence or consent.
15.2. The Company shall not be in breach of these Terms nor liable for delay in performing or failure to perform any of its obligations under these Terms if such delay or failure results from a Force Majeure Event.
16.1. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
16.2. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
16.3. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
17.2. These Terms may be superseded by any amended Terms in accordance with clause 19.1.
17.3. These Terms may be terminated or amended by the Company at any time without notice.
18.5. The Company may record all telephone calls and other communications for the purposes of security and training.
18.6. You understand that the Services and Site will endeavor to be open 24/7. However, the Company offices and communications channels will be open on business days only. You further acknowledge that the Company will make reasonable efforts to ensure that the Services and Site are available continuously however that there may be instances where access to the Platform and Site are restricted as a result of scheduled maintenance, technology failure or network failure.
18. Contact us
18.1. In the event that you have a complaint, the Company will make every effort to rectify the problem as soon as practicably possible.
18.2. Please write to us to make clear the details surrounding your complaint. You can send your complaint by e-mail to [email protected] or by writing TomoChain Pte., Ltd at 10 Anson Road #22-15 International Plaza, Singapore 079903.