TERMS OF USE

(Internal Note: Please note that these Terms apply to all persons who browse, use and access Tokenize websites, including users who have not registered for an account with Tokenize)

Please read these Terms of Use carefully before using the https://www.tokenizemalaysia.com or any associated websites or mobile applications (collectively the "Site") operated by Tokenize Xchange ("Tokenize","us", "we", or "our").

Your access to and use of the Site is conditional on your acceptance of and compliance with these Terms of Use and our Privacy Policy (collectively, the "Terms"). These Terms sets out the terms and conditions of you using, accessing,viewing or in any way interacting with Tokenize including but not limited to the accessof services offered by Tokenize or registering for an account with Tokenize. TheseTerms shall apply to all visitors, users and any other person who browse, access oruse the Site.

Tokenize Accounts

You may browse and view certain contents of the Site without registering for an account with Tokenize. However, in order to access all services offered by Tokenize and to carry out trading of digital currencies on the Site, you will need to register for an account with Tokenize.

Please note that where you register for and/or open a Tokenize account through the Site, you will be further required to enter into and agree to the terms of our Customer Agreement, which is a legally binding agreement setting out the relevant terms and conditions in respect of your Tokenize account and your use of the Tokenize services.

Tokenize Point

Please note that 1 Tokenize Point is worth MYR1 (for Instance, 15 Tokenize Points are worth MYR15 and can only be used to trade on Tokenize Xchange).

The Tokenize Point is only valid for a period of one (1) year from the date the Tokenize Point is credited into your Tokenize account. All unused Tokenize Point(s) will be automatically forfeited after the validity period without notification to you. You cannot carry forward any unused Tokenize Point(s) after the validity period.

Tokenize Points will not be valid or transferable to other platform or exchanges. In addition, Tokenize Points cannot be transferred, sold, or ceded to any third party or otherwise be exchanged for cash or digital assets.

Tokenize Points are mainly used for the following:

  1. events or campaigns’ reward given in the form of a promocode for customers to redeem within a specific duration of time through a sign-up incentive aimed at inviting or encouraging new users to use Tokenize Xchange.
  2. referral programme that rewards customer when they refer their friends and family; or
  3. as gifts for contest winners in Contests or Giveaways organized by Tokenize.

Please note that Tokenize points can only be used to purchase Digital Assets on Tokenize Platform which can be sold for MYR (if they wish to do so). However, in the event that there are both MYR and Tokenize Point in the user’s account, Tokenize Points will be deducted first for the purchase of Digital Asset whenever the user enables the ‘Use Point for Trading’ option.

Tokenize retains the absolute discretion to determine the value of the Tokenize Point and revoke any Tokenize Point without prior notice or assigning any reason thereof. For further information, kindly refer to https://tokenizemalaysia.zendesk.com/hc/en-us/articles/360048621913How-To-Use-Tokenize-Point for Step-by-Step instruction on how to utilise your Tokenize Points. Briefly, the procedure to use Tokenize Points is as follows:

Event/ Promotional Campaigns

The following rules shall apply to the use of promocode provided by Tokenize in relation to events, marketing, or promotional campaign:

  1. New customers who sign up with Tokenize, and fulfil the eligibility criteria below, may redeem the code specified in the Promotion in exchange for the Tokenize Point specified in the Promotion.
  2. Participation in the Promotion is limited to new customers only unless stated otherwise in the Promotion. Customers who have made prior transactions using Tokenize, whether from the same account or a different account, are therefore not eligible to participate in the Promotion.
  3. All new customer shall during the signing-up process complete the identity verification and pass Know Your Customer ("KYC") process.
  4. Upon successful redemption of the promocode, the Tokenize Point specified in the Promotion will be credited into the customer’s wallet.

Referral Programme

The following rules shall apply to Tokenize referral programme:

  1. New customers who sign up with Tokenize and fulfil the eligibility criteria below, may redeem the code specified in the Promotion in exchange for Tokenize Point as specified in the Promotion.
  2. All new customer shall during the signing-up process complete the identity verification and pass Know Your Customer ("KYC") process.
  3. Customers who meet the eligibility criteria will be given a unique link which can be used to refer new customers to Tokenize Xchange.
  4. An Invitation Code will appear on their sign-up page when the referred customer clicks on the referral link.
  5. Successful sign-up shall entitle both the referring customer and the new customer to the amount of Tokenize Point specified in the Programme.
  6. The Tokenize Point specified in the programme will be credited into the customer’s wallet.

Please be informed that the use of promo code will not be valid when referral link is used during the sign-up process.

Contest or Giveaways

The following rules shall apply to the use of promocode provided by Tokenize in relation to contest or giveaways. This is part of our ongoing effort to reward and acknowledge the contributions by our existing customers.

  1. New or existing customers who sign up with Tokenize, and fulfil the eligibility criteria below, may redeem the code received or gifted from a contest or giveaway in exchange for Tokenize Point as specified in the contest or giveaway.
  2. Participation in the contest or giveaway is not limited to new customers unless stated otherwise. Hence, customers who have made prior transactions using Tokenize, whether from the same account or a different account, are eligible to participate in the contest or giveaway.
  3. Customers must meet the terms and conditions of the contest or giveaway which will be published to the public.
  4. The Tokenize Point specified in the contest or giveaway will be credited into the customer’s wallet.

Redemption Procedure

For further information, kindly refer to https://tokenizemalaysia.zendesk.com/hc/en-us/articles/360045426313How-to-activate-and-share-your-Referral-Link for Step-by-Step instruction on how to activate the Referral Link. Briefly, the procedure to activate and share the Referral Link is as follows:

Order of Precedence

To the extent the Customer Agreement applies to you, in the event of any conflict or inconsistency between the provisions of these Terms and the provisions of the Customer Agreement, the terms of the Customer Agreement shall take precedence.

Compliance with Applicable Law

Your relationship with Tokenize and use of the Site is subject to Applicable Law. "Applicable Law": refers to all applicable laws in Malaysia of any governmental authority, including, without limitation, federal, state and foreign securities laws, tax laws, tariff and trade laws, ordinances, judgments, decrees, injunctions, writs and orders or like actions of any governmental authority and rules, regulations, orders, interpretations, licenses, and permits of any federal, regional, state, country, municipal or other governmental authority. By entering into this agreement to use our Site, you agree to act in compliance with and be legally bound to any and all Applicable Law.

Changes to these Terms

Tokenize reserves the right, at our sole discretion, to amend or replace these Terms at any time. Please visit the Site regularly to keep yourself updated on the latest version of these Terms. We will provide notification of any amendments to these Terms via announcements on the Site or any other appropriate means. If you do not agree to the Terms or any amendment thereto, please stop accessing or using the Site.

Site Availability

We will use reasonable endeavours to ensure continuous operation and accessibility of our Site. However, our services are provided without warranty of any kind, either express or implied. We do not represent that the Site will be available at all times free from any interruption whatsoever or that the Site will not experience any delays, failures, omissions, loss of transmitted information or errors to meet your needs.

Content

To the extent you are requested or permitted to submit, post or upload content (in any form) for publication on the Site, you agree and acknowledge that by submitting such content to us, you grant us a worldwide, royalty-free and transferable license to use, reproduce, distribute, prepare derivative works of, display, and otherwise publish such content in connection with the Site, including but not limited to the promotion of the Site through any media format.

You undertake not to upload or submit any content to the Site that is (i) obscene, indecent, false, defamatory, libellous, pornographic, harassing, offensive, menacing, with intent to annoy, abuse, threaten or harass another person, or encourage conduct that would violate any law, or is otherwise inappropriate; (ii) infringes any intellectual property right of any person or entity; (iii) is in breach any of the terms of our Privacy Policy or violates the privacy of any person or entity; (iv) is illegal or unlawful; (v) is inaccurate or false or could be seen as misleading; or (vi) contains software viruses or files designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any part of the Site or any third party software, applications or features.

We reserve the right to determine whether any content you upload complies with these Terms. We may remove such content or take any other appropriate measure (including terminating your account or access to the Site) if we discover that you have breached any of these Terms regarding content that may be uploaded or submitted through the Site.

If requested or if we are the view that it is necessary, we will, at any time, cooperate fully with any regulatory authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing or otherwise making available any content that violates these Terms.

You shall be solely liable for any content posted or submitted through the Site. All content published or accessed by you through the Site is done at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.

Site and Content Accuracy

While we try our best to provide accurate and timely information on the Site, the Site (and all content therein) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors.

In an effort to continue to provide you with complete and accurate information, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions.

Links To Other Websites

Our Site may contain links to third-party websites, services or materials that are not owned or controlled by Tokenize. Tokenize has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You do hereby further acknowledge and agree that Tokenize shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read all the terms and conditions and privacy policies of any third-party websites or services that you visit.

Prohibitions

You are prohibited from performing any of the following acts (whether performed by yourself or through any other means or person) where using or accessing the Site:

  1. reproduce, duplicate, copy, distribute, sell, resell or otherwise exploit the Site and any content and information made available therein for any purpose;
  2. modify, adapt, translate, reverse-engineer, decompile, disassemble or create derivative works of any portion of the Site;
  3. use the Site in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these Terms;
  4. publish any content on the Site which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person or otherwise to violate the rights of any other user or any third party;
  5. remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
  6. interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such servers or networks;
  7. gather or collect personal information through any means (including using any robot, spider or other device or process to retrieve, data-mine or replicate or copy any information from the Site;
  8. upload or transmit or otherwise make available any software or tool that contain any software viruses, worms, Trojan Horse, time bombs, web bugs, spyware, or any other computer code or program that may or is intended to damage, disrupt, disable, hijack the operation of, limit or interfere with the proper function of any hardware, software or device pertaining to the Site; use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site;
  9. frame or mirror any part of the Site; or
  10. breach any of these Terms.

Where you have registered for a Tokenize account and where using the services provided by Tokenize, you are further prohibited from performing any of the prohibited acts or engaging in any of the prohibited businesses identified in the Customer Agreement.

Termination

If we consider that you have breached any of the Terms or if we otherwise consider it appropriate to do so, we may suspend and terminate your access to the Site immediately, without giving notice to you.

Where you have registered for a Tokenize account, we reserve the right to suspend or terminate your account for breach of these Terms and/or the Customer Agreement. We will not be liable to compensate you for any loss or damage that you may suffer from your inability to access your account due to the suspension or termination.

Our right to suspend or terminate your account in the event of your breach of these Terms is in addition to our right to seek all remedies available to us under these Terms, at law and in equity.

Limitation of Liability.

This Site and all material and information made available herein are provided on an "as is" and "as available" basis.

To the maximum extent permitted by law, Tokenize expressly disclaims all liabilities, and you expressly waive all warranties of any kind, whether express or implied, in respect of your access or use of the Site. In no event shall we, nor our directors, employees, agents, or representatives be liable under contract, tort, strict liability, negligence or any other legal or equitable theory, for (i) indirect or consequential losses or damages; (ii) loss of actual or anticipated profits; (iii) loss of revenue or goodwill or anticipated savings; or (v) loss of data arising from your use and access of the Site.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Malaysia. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Entire Agreement

These Terms constitute the entire agreement between us regarding your use and access of our Site, save where you have registered for a Tokenize account and use the Tokenize services, in which case the terms of the Customer Agreement shall further govern your relationship with Tokenize.

Contacting us

If you have any questions about this Policy, the practices of this site, or your dealings with this site, please contact us at:

Disclaimer

The information and data supplied in response to requests will be collected and provided to the fullest and most accurate possible extent. However, nothing in such information and data can be ensured to contain no errors, mistakes, misrepresentations or failures etc. Such errors, mistakes, misrepresentations or failures etc. can be the result of human agency, program or process imperfections. Therefore, neither Tokenize nor any of our respective directors, officers, employees, agents or outsourced advisors makes any representation, warranty or guarantee whatsoever with respect to the information and data and, in particular, as to the accuracy or completeness of the information and data. All data processed by Tokenize herein will be in accordance in to our Privacy Policy and the statutory requirements of the Personal Data Protection Act 2010 ("PDPA").

Nothing in this section shall be deemed or construed as non-willingness to provide the requested information and data.

This document was last updated on September, 2020

 

Tokenize Malaysia is a Digital Asset Exchange (DAX) approved by the Securities Commission Malaysia since 2020.

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