"Account" means a Customer’s Tokenize Account.
"Applicable Laws" means all applicable local or foreign laws, rules, acts, regulations,subsidiary, legislation, notices, notifications, circulars, licence conditions, directions, requests, requirements, guidelines, directives, codes, information papers, practice notes, demands, guidance and/or decisions of any national, state or local government, any agency, exchange,regulatory or self-regulatory body, law enforcement body, court, central bank or tax revenue authority or any other authority (including the Securities Commission of Malaysia and Inland Revenue Board of Malaysia) whether in Malaysia or elsewhere, whether havingthe force of law or not (including any intergovernmental agreement between thegovernments or regulatory authorities of two or more jurisdictions or otherwise), as may beamended from time to time.
"Asset" means a digital asset or Ringgit currency.
"Cryptocurrency" or "Digital Asset" means a digital asset or Digital Token which is offered for trading on Tokenize Xchange from time to time of which the current listing can be found at https://tokenizemalaysia.com
"Customer" means a person who has a valid Account as may be determined by Tokenize.
"Digital Asset Transaction" means the transaction of sending Digital Assets to third parties, and requesting, receiving and storing of Digital Assets from third parties as described in Section 8.1.
"Digital Currency" means a digital representation of value which is recorded on a distributed digital ledger, whether cryptographically-secured or otherwise, that function as medium of exchange and is interchangeable with any money, including through the crediting or debiting of an account.
"Digital Wallet" means one or more hosted digital asset wallets enabling you to store, track, transfer, and manage your balances of Cryptocurrency or Digital Asset
"Digital Token" means a digital representation which is recorded on a distributed digital ledger whether cryptographically-secured or otherwise.
"Encumbrance" means any interest or equity of any person (including any right to acquire, option or right of pre-emption) or any mortgage, charge, pledge, lien, assignment, hypothecation, security interest, title retention or any other security agreement or arrangement.
"Enhanced Due Diligence" means the submission of additional information as requested by Tokenize as described in Section 7.3.
"fork" means the sudden changes in operating rules of the underlying protocols which govern the operation of Digital Assets as described in Section 9.6.
"KYC" means Know-Your-Customer.
"Order Book" means each order book on which Orders are placed for trading in a Trading Pair.
"Prohibited Activity" means any of the prohibited acts or engaging in any of the prohibited businesses as described in Section 16.
"Ringgit" or "MYR" means the legal currency of Malaysia.
"SC" means the Securities Commission of Malaysia.
"Site" means https://www.tokenizemalaysia.com or any associated websites mobile applications.
"Term Of Use" means the set of terms which govern use of the Site by any person who browses, accesses or uses the Site, as made available at https://tokenizemalaysia.com/term-of-use, and as may be supplemented, amended or varied from time to time upon notification to you.
"Tokenize" means Tokenize Technology (M) Sdn Bhd.
"Tokenize Services" means the following services provided by Tokenize:
(a) access to a Digital Wallet;
(b) access to Tokenize Xchange; and
"Tokenize Xchange" means the electronic platform which facilitates the trading of Digital Assets through a central limit order book operated by Tokenize.
By opening an Account with us, you expressly warrant and represent that:
You are responsible for safeguarding the password for your Account and for any activities or actions taken under your Account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. The use of your Account with us is premised on you as the sole user and not transferable to any other party. Any unauthorised use will constitute a breach of this Agreement and liable to immediate termination.
(c) deactivate or cancel your Account with immediate effect for any reason, including but not limited to where:
Your Account, the Site and the Tokenize Services and any related products or services are offered on a strictly "as-is" and "where-available" basis and Tokenize expressly disclaims, and you waive, all warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, your Account, the Site, the Tokenize Services and any related products or services are offered without any warranty as to merchantability or fitness for any particular purpose.
To the maximum extent permitted by law, you agree to indemnify Tokenize, its operating entities or any other affiliates and each of our, or their respective directors, members, employees and/or agents) against any action, liability, cost, claim, loss, damage, proceeding or expense (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) suffered or incurred directly or indirectly arising from your use of or conduct in relation to the Site and/or your Account, or from your violation of the terms of this Agreement (unless they arise solely from our fraud, gross negligence or wilful default).
In the event you receive information about any other individual where using the Site or in the course of your access to and/or use of the Tokenize Services, you are strictly required to keep such information confidential.
Save where you have received the relevant individuals’ express consent, you are strictly prohibited from:
You shall not send unsolicited communications to any other user of the Site or the Tokenize Services.
You are solely responsible for determining whether, and to what extent, any taxes apply to any transactions you conduct through the Tokenize Services, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities. Your transaction history is available through your Account.
We may make all other amendments to the Agreement (including any other Tokenize Services and those relating to it) by posting the revised Agreement on the Site or by emailing it to you, indicating when the revised Agreement becomes effective. Although we will endeavour to provide you with advance notice where possible, where lawful we may indicate that the revised Agreement shall be effective immediately and if you do not agree with any such modification, you should close your Account and cease using the Tokenize Services. Copies of the most up-to-date version of the Agreement will be made available in the Site at all times and will be provided to you by email on your request.
Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or Tokenize to be treated as partners or joint venture partners, or either you or Tokenize to be treated as the agent of the other.
You are responsible for keeping your email address and telephone number up to date in your Account file in order to receive any notices or alerts that we may send you.
This Agreement (including documents incorporated by reference herein) comprise the entire understanding and agreement between you and Tokenize as to the subject matter hereof, and it supersedes any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and Tokenize.
You shall not have the right to assign any of such rights, undertakings, agreements, duties, liabilities and/or obligations hereunder, except with our written consent. We may assign or transfer any of our rights hereunder to any party without your consent, but subject to prior notification.
In the event that Tokenize is acquired by or merged with a third party, we reserve the right to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
Tokenize shall not be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.
You shall not create an Encumbrance over your Digital Asset except with our written consent.
If any provision of this Agreement or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of this Agreement shall continue in full force and effect and the legality, validity and enforceability of the whole of this Agreement in any other jurisdiction shall not be affected.
No failure or delay on our part in exercising any power of sale or any other rights or options hereunder and no notice or demand which may be given to or made upon you by us with respect to any power of sale or other right or option hereunder, shall constitute a waiver thereof, or limit or impair our right to take any action or to exercise any power of sale or any other rights or options hereunder without notice or demand, or prejudice our rights as against you in any respect or render us responsible for any loss arising there from. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver. We may grant time or other indulgence to you or any other person, without impairing or affecting in any way any of our rights as against you or any such other persons.
The language of this Agreement and any information or notifications are or will be provided to you in English. Any translation of this Agreement or other documents is provided for your convenience only and may not accurately represent the information in the original language version. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.
All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the sections relating to suspension or termination, Account cancellation, debts owed to Tokenize, general use of the Site, disputes with Tokenize, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement. All disclaimers, indemnities and exclusions in this Agreement shall survive the termination of this Agreement.