TERMS AND CONDITIONS


These TERMS AND CONDITIONS (“Terms”) are entered into between TokinCrypto, including its affiliates (collectively, “Company”, “Us”, or “Our”), and the user (“you”), regarding the migration into version 2. You agree that you have read, understood, and agreed to be bound by all of these Terms and conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OUR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.


  1. INTRODUCTION

  1.    For the purpose of this Agreement: 


“You” (also referred to as “Your”) means the individual accessing or using the Website and our Services, or the Company, or other legal entity on behalf of which such individual is accessing or using the Website and our Services, as applicable. 


The “Company," "We," "Us," or "Our" “refers to TokinCrypto. 


  1. Our Services


The Company owns cryptocurrency. The Company intends to migrate into version 2. These terms therefore provides each party’s rights and obligations under the new version.  


The Company will support and facilitate your migration into version 2. 

 

  1. Third party services


The Company may provide links to sites created by third parties. Accordingly, any engagement of Third-Party Services, and any exchange of Data between you and any Third-Party Service, is solely between you and the applicable Third-Party Service provider and is subject to the terms and conditions of such Third-Party Provider. The Company does not warrant, endorse or support Third-Party Services and is not responsible or liable for such Services or any losses or issues that result as your use of such services. If you engage any Third-Party Service for use in connection with our Services, you acknowledge that Company may allow providers of those Third-Party Services to access your Data used in connection with the Services as required for the interoperation of such Third-Party Services with the Services. You represent and warrant that your use of any Third-Party Service signifies your independent consent to the access and use of your Data by the Third-Party Service provider, and that such consent, use, and access is outside of Company’s control. Company will not be responsible or liable for any disclosure, modification or deletion of Data resulting from any such access by Third-Party Service providers. 


  1. Changes to Terms


  1.    The Company may change these Terms at any time in its sole discretion.

  2.    You are responsible for reviewing such postings and any applicable changes.

  3.    Your continued participation in the Website, including purchasing Cryptocurrency on the Company’s Website or using any of the Company’s Services, constitutes your acceptance of such changes. 


  1.    If you do not agree to any posted changes, do not continue to use the Company’s Website or the Company’s Services.

 

  1. ACCOUNT MANAGEMENT


  1. To enjoy our services in full, you may need to create an account (the “Account”). To create an account, you must complete the Site registration process with a username and password (the “Account”). 


  1. To register with us, we collect personal information from you. You are responsible for safeguarding the password you use to access the Service and any activities or actions in your account. You may not share your password with anyone except authorized personnel. 


  1. You must always provide accurate, current, and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness. 


  1. You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.


  1. Any use of the Site through your Account will be deemed as being used by you. You are responsible for safeguarding your account and any activities or actions in your account. The Company is entitled to rely on the contact and other information that is supplied to us through your Account. 


  1. Your Account is NON-TRANSFERABLE and NON-ASSIGNABLE.


  1. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.


  1. Your conduct. 


You guarantee that you shall:


  • use our services in good faith, in a reasonable manner, not contrary to the terms of this Agreement.

  • not use any devices or software intended to (i) affect or attempt to affect the proper operation of our Website and/or Services ii) to extract, modify, consult, even in buffer or temporary memory, or for individual use, all or part of the Website and/or Services;

  • not to access and/or use our services for illegal purposes;

  • not damaging our reputation or image and that of other Users;

  • not infringe our rights, in particular our intellectual property rights and that of third parties;

  • not market our services or the contents thereof;

  • not engage in any activity that may be categorized as “hacking” or “spamming”;

  • not spread content that incites hatred or violence, is threatening, aggressive, pornographic, for the purposes of pimping, or paedophilic, obscene, vulgar, racist, sexually explicit, violent, contrary to good morals, xenophobic, hacking or proselytizing, or containing gratuitous nudity or violence, as well as more generally a liability action;

  • not intercept, collect, or share any data provided by other users;

  • not upload viruses or other malicious codes;

  • not to impersonate any individual or legal entity;


  1.  You acknowledge that you may lose up to 100% of your TOKIN Coins in the event you breach these terms.

Any V1 Tokn Coins purchased on or after the launch date April 7, 2022 of Tokin Coin V2, will not qualify for migration. Therefore, any V1 purchased after the launch of V2, will not be honored. The purchase of V2 is available and encouraged.

  1. PAYMENT

  1. Transaction


  1. We shall charge a transaction fee of 10% for every transaction. The fee shall be charged according to the following schedule:


  1. We shall charge a fee of 6% for every transaction that is added in our liquidity pool. The said fee shall contribute to the growth of our liquidity pool and create market depth.  


  1. We shall charge a 2% fee, which shall be for loyalty rewards. We shall pay out the loyalty rewards in BNB. You acknowledge that this fee shall ensure you are protected from dips in the event you intend to take profits out of your loyalty rewards. 


  1. We shall charge a 2% fee, which shall be used to fund our marketing campaigns. The said fee shall be paid out in BNB.   


  1.    The Company will electronically transmit to you the transaction information that the Company determines is necessary to fulfill each purchase. 


  1.  The Company will send an automated email message to you confirming receipt of your payment.


  1. ACCESSIBILITY


You understand that from time to time the Company’s Website may be inaccessible or inoperable for any reason, including, without limitation, because of:


  1. equipment malfunctions;

  2. periodic maintenance procedures or repairs which the Company may undertake from time to time; or

  3. causes beyond the control of Company or which are not reasonably foreseeable by Company.


  1. INTELLECTUAL PROPERTY/OWNERSHIP

 

  1.  The Website and its original content (excluding Content provided by You or other users), features, and functionality will remain the exclusive property of the Company and its licensors.

 

  1.  The Website is protected by copyright, trademark, and other intellectual property laws.

 

  1.  Our trademarks may not be used without the Company's prior written consent. 


  1. All other third-party trademarks, registered trademarks, and product names mentioned on the Website or contained in the content linked to or associated with any third parties displayed on the Website are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. 


  1. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Service. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above, and that the content does not violate any laws. 


  1. We reserve the right to take down your works in response to Digital Millennium Copyright Act (“DMCA”). You acknowledge that any take-down notice(s) and any claims thereof will warrant our termination of your account, in the event we determine you are a repeat offender. 


  1.  In the event you believe your Intellectual Property has been violated in any way, you may contact us at the address stated herein-below. Please note that you are required to provide all information regarding your copyrighted material; the infringing material; a declaration of your claims, under oath; and your signature.  


admin@tokncrypto.com

 

  1.  License to use and/or access our services. You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, license or other rights to access, use, and display such content, and materials provided to you as part of the Service.

 

  1. RESTRICTIONS ON DISTRIBUTION & DISSEMINATION OF THE AVAILABLE INFORMATION

 

  1. You shall not disclose, divulge, reveal, report or use, for any purpose, any Company’s Confidential Information, except as authorized by the Company or as required by law. 


  1.  “Confidential Information” means nonpublic proprietary information of a party (the “Disclosing Party”) that is disclosed to the other party (the “Receiving Party”), including but not limited to: (i) business or technical processes, formulae, source codes, object code, product designs, sales, cost and other unpublished financial information, customer information, product and business plans, projections, marketing data or strategies, trade secrets, intellectual property rights, know-how, expertise, methods and procedures for operation, information about employees, customer names, business or technical proposals, and any other information which is or should reasonably be understood to be confidential or proprietary to the Disclosing Party. It also refers to information that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Freelancer. The foregoing definition of Confidential Information applies to: (i) all such information, whether tangible or intangible and regardless of the medium in which it is stored or presented; and (ii) all copies of such information, as well as all memoranda, notes, summaries, analyses, computer records, and other materials prepared by the Receiving Party or any of its employees, agents, advisors, directors, officers, and subcontractors (collectively “Representatives”) that contain or reflect the Confidential Information.


  1. YOUR FEEDBACK TO US

 

You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason, such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.


  1. COMMUNICATION


You consent to sign up and receive our newsletter that we provide to you electronically, via email.


  1. TERMINATION

 

  1.  We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason, including without limitation, if You breach these Terms and Conditions. 

 

  1.  Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

 

  1. LIMITATION OF LIABILITY

 

  1.  WE, OUR PARTNERS, OR AFFILIATES WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) AS A RESULT OF OR IN CONNECTION WITH: YOUR USE OF OUR SERVICES AND ANY DEFECT OR FAULT RESULTING FROM YOU HAVING BREACHED THE TERMS OF THIS AGREEMENT. 

 

  1.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR PARTNERS, OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS TERMS), EVEN IF THE COMPANY, ITS PARTNERS. OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1.  Some countries and States do not exclude implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these countries or States, each party's liability will be limited to the greatest extent permitted by law.

 

  1. “AS IS” and “AS AVAILABLE” Disclaimer

 

  1.  The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without any kind of warranty. To the maximum extent permitted under applicable law, the Company, on its behalf and behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected. 

 

  1.  Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express, or implied:

 

  1. as to the operation or availability of the Website, or the information, Content, and materials included thereon;

 

  1. that the Website will be uninterrupted or error-free; 

 

  1. as to the accuracy, reliability, or currency of any information or Content provided through the Service; or

 

  1. that the Website, its servers, the Content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.

 

  1.  Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on a consumer's applicable statutory rights, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations outlined in this section shall be applied to the greatest extent enforceable under applicable law.

 

  1. DISCLAIMER

 

You acknowledge that the information on the Website is provided with the understanding that the Company is not herein engaged in rendering financial or legal advice and services. As such, it should not be used as a substitute for consultation with professional practitioners or other competent advisers.

 

  1. RISK FACTORS/ASSUMPTION OF RISKS

 

  1. You further understand that such investment in Cryptocurrency involves a high degree of risk. You acknowledge and agree that you access and use our services at your own risk, which include but are not limited to: the liquidity, market depth and dynamics of the trading market fluctuate violently and change rapidly. Accordingly, the use of our services may work to your advantage or disadvantage, which may result in major gains or losses as the case may be.

 

  1. You agree that you assume the following risks: 

 

  • markets and prices are extremely volatile, and variations in the price of other digital assets could materially and adversely affect the value of your Cryptocurrency, and there is no guarantee that your investment will have or retain any value; 

  • the commercial or market value on Cryptocurrency that you purchase may materially diminish in value as a result of a variety of things such as negative publicity;

  •  there are risks associated with using Internet-native assets (e.g., cryptocurrencies, etc.) including, but not limited to, the risk of hardware, software, and Internet connections and/or failures, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital “wallet” or elsewhere, and we will not be responsible for any of these, however, caused; 

  • we do not make any promises or guarantees about the availability of the Cryptocurrency;

  • we do not make any promises or guarantees related to your account, investment, or any other third parties related to this our services and each of their applications and/or services, including but not limited to the continued availability of either and/or the protection and/or storage of any data you provide to those parties; 

  • the risk of mining attacks; 

  • the risk of hacking, security weaknesses, fraud, counterfeiting, cyber-attacks, and other technological difficulties;

  • the risk of changes to the regulatory regime governing cryptocurrencies and new regulations, unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of Cryptocurrency; 

  • the risks related to taxation; 

  • that Cryptocurrency may not be legal tender in some jurisdictions and are not back by any government; and 

  • we are not responsible for any transaction between you and a third party and we shall have no liability in connection with any such transaction. 

 

  1. In addition to assuming all of the above risks, you acknowledge that you have obtained sufficient information to make an informed decision and that you understand and agree that you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself. 

 

  1. GOVERNING LAW

 

  1.  The laws of [the United States of America], excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Program may also be subject to other local, provincial, state, national, or international laws.

 

  1.  You irrevocably and unconditionally consent that any suit, action, or legal proceeding arising out of, or relating to, this Agreement shall be brought in the courts of record of [the United States of America].  

 

  1. CALIFORNIA RESIDENTS

 

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

 

  1. DISPUTE RESOLUTION

 

If you have any concerns or disputes about the Service, You agree first to try to resolve the dispute informally by contacting the Company at: [admin@tokncrypto.com].

 

  1. SEVERABILITY AND WAIVER

 

  1.  Severability

 

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

 

  1.  Waiver

 

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

 

  1. ENTIRETY

 

The Terms and Conditions constitute the entire agreement between you and Us and Our Affiliates and Partners with respect to, but not limited to, the Site and Programs and supersede all previous written or oral agreements between you and Us with respect to, but not limited to, the Site and Programs.

 

  1. ASSIGNMENT

 

We may assign the Agreement to any party at any time without notice to you. You may not assign your rights under the Agreement, by operation of law or otherwise, without our consent.

  1.  CHANGES TO THESE TERMS AND CONDITIONS

 

  1.   At Our sole discretion, we reserve the right to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at Our sole discretion. 

 

  1.  By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

 

  1.  CONTACT US

 

If you have any questions about these Terms and Conditions, You can contact us:

 

By email: admin@tokncrypto.com 

 By phone: 585-484-9333


  1. ACKNOWLEDGEMENT

 

I agree to the terms of the migration and all terms hereinabove.