Especially by making use of TOKEX PRO services, you acknowledge and agree that; You are aware of the risks associated with transactions of virtual assets and their derivatives; You shall assume all risks related to the use of TOKEX PRO services and transactions of virtual currencies and their derivatives, where there is a substantial risk that you lose money buying, selling, holding, or investing in Virtual currencies; and TOKEX PRO will not be liable for any such risks or adverse outcomes
“TOKEX PRO” means a virtual asset service provider that combines international exchanges’ ecosystem platforms with a robust liquidity system with over 300 partners worldwide. It operates as a virtual asset service provider and regulated under the Laws and regulations of the British Virgin Islands (“BVI”).
“Virtual Asset” means a digital representation of value that can be digitally traded, or transferred, and can be used for payment or investment purposes. Virtual assets do not include digital representations of fiat currencies, securities and other financial assets that are already covered elsewhere in the FATF Recommendations.
“Virtual Asset Service Providers” means any natural or legal person who is not covered elsewhere under the recommendations, and as a business conduct one or more of the following activities or operations for or on behalf of another natural or legal person: exchange between virtual assets and fiat currencies; exchange between one or more forms of virtual assets; safekeeping and/or administration of virtual assets or instruments enabling control over virtual assets; and participation in and provision of financial services related to an issuer’s offer and/or sale of a virtual asset.
“Personal Data” means any information in respect of commercial transactions, which is being processed wholly or partly by means of equipment operating automatically in response to instructions given for that purpose; and/or is recorded with the intention that it should wholly or partly be processed by means of such equipment; and/or is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, that relates directly or indirectly to a data subject, who is identified or identifiable from that information, or from that and other information in the possession of a data user, including any sensitive personal data and expression of opinion about the data subject;
“User(s) '' means any natural person who has attained the age of 18 with legal competence and/or any legal entity with legal capacity, successfully creates an account in TOKEX PRO Website and completes the onboarding process of Know Your Client (“KYC”). Such User is considered to be the client of TOKEX PRO
“Authorized person of the Entity” means any natural person appointed by the entity under a letter of authorization to (a) sign in, (b) open an account and (c) to carry out transactions in TOKEX PRO
“Letter of Authorization'' means the letter provided by any legal entity which attests that the individual filling up the KYC has the legal authority to open the corporate account at TOKEX PRO, sign in and carry out transactions on behalf of the entity. Such letters shall be signed, stamped, and dated (not less than 6-month-old). The letter shall include the company's full name and full names of UBO, who is authorizing the “Authorized person of the Entity”. In the event of any changes of the Authorized person of the Entity, the entity shall report to TOKEX PRO in writing immediately without fail.
“Document(s)” includes any medium in which data is recorded, whether printed, or on tape, or film or by electronic means, or otherwise.
“Transaction” refers to the transfer of currency between two virtual wallets. A transaction is submitted to a public ledger to await confirmation before the trade can be completed. During a transaction, an encrypted electronic signature based on a mathematical formula is required as proof of ownership. The confirmation process is conducted by people called miners or validators.
“Public Ledger” means, once a transaction is confirmed by a miner or validator, it is stored in a public ledger called a blockchain. The public ledger verifies ownership of the virtual asset and ensures the legitimacy of record keeping due to its immutability.
“Validating” means, the process of confirming transactions before they can be added to the public ledger. There are different types of validating, based on the virtual asset. The most famous is bitcoin mining, used for bitcoin, the first and best-known virtual asset. A bitcoin miner must be able to solve a computational puzzle, called proof-of-work, to prevent the exploitation of virtual asset mining. Miners receive a virtual asset commission for their work.
“GDPR” means the General Data Protection Regulation which is Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance), OJ L 119, 4.5.2016. If your country of residence is based within the European Economic Area (“EEA”) and the GDPR applies to our processing of your personal data (within the meaning of GDPR), If your Country of Residence is outside of the EEA, provisions related to the GDPR shall not apply to your use of the Services.
“Arbitration” means a process of settling a dispute between parties before an arbitral tribunal, and includes any arbitration mutually agreed by both parties.
“Market Manipulation” is an activity to attempt to artificially influence a Virtual Asset’s price or the behavior of the markets. Any single individual or a group of people may create an illusion in the market in order to profit from the aftermath.
“Pump and Dump” is where a group of people work together to artificially inflate a Virtual Asset’s value. Generally Pump and dumps are targeted on low- market cap coins that are available on limited exchanges.
“Wash trading” is feeding misleading information to the virtual asset market where any individual or a group of individuals rapidly buys and sells the same virtual asset to inflate the volume artificially. The virtual assets increased activities gain attention from traders and investors distorts the price even more.
“Front-running” refers to the process when someone uses technology or market advantage to get prior knowledge of upcoming transactions. This might also be known as slow matching. For instance a person may buy a chunk of tokens at a low price and later sell them at a higher price while simultaneously exiting the position. When executed precisely, it brings in risk free profits for the traders committing it.
“Stop Hunting” is a strategy that pushes price in a certain direction to trigger a cascade of stop loss orders.
“Churning” is the illegal and unethical practice by a broker of excessively trading assets in a client’s account in order to generate commission.
“Quote stuffing” refers to a practice of placing an unusual number of buy or sell orders on a particular security and then immediately canceling them. Such an act may create confusion in the market and trading opportunities for algorithmic traders.
“False trading” is where a person intentionally or negligently or recklessly, does or causes anything, to effect or is likely to effect by creating a false or misleading appearance of active trading in an Virtual Asset or creating an artificial price for an Virtual Asset.
“Insider dealing” is an illegal activity in which a person who has access to non-public, material information about an exchange or company or virtual asset, utilizes that information to make advantageous trades and discloses the inside information directly or indirectly to another person.
“Price rigging” is known as price fixing or collusion, which is a form of market manipulation.
“Spoofing and Layering” are both forms of market manipulation whereby a trader uses fake orders to deceive other traders as to the true levels of demand in the market and also it can be stated that it is a process by which criminals attempt to artificially influence the price of a Virtual Asset by creating fake orders.
“Prohibited Use or Business” refers to, any unlawful activity which violates any law of BVI and International forum any abusive activity such as transmitting or uploading any material to the site that contains viruses, Trojan horses, worms, or any other harmful programs, any use of fraud activity which operates to defraud TOKEX PRO services any use of gambling activity any pump and dumps scheme, any use of front-running activities any use of wash trading activities any use of spoofing and layering activities any use of stop hunting activities any use of churning and quote stuffing activities any use of false trading and insider dealing activities any use of price rigging and deceptive activity; any activity in engagement with involving items that infringe or violate any of the copyright, trademark, right of publicity or privacy or any other proprietary right, name, logo or brand of the TOKEX PRO account any restricted financial services, any sales, distribution or access to counterfeit software any sales or resale of brand name or designer products, or services that are illegally imported or exported or which are stolen, any business related to marijuana dispensary, sale of tobacco, e-cigarettes, e-liquid, online prescription or pharmaceutical services, age restricted goods or services, weapons and munitions, gunpowder and other explosives, fireworks, toxic, inflammable and radioactive materials any sales of narcotics, controlled substances or any equipment or tools designed for making or using drugs any business related to products that make health claims that have not been approved or verified by the applicable local or national governmental authority any sale of a legal substance that provides the same effect of an illegal drug any services or business related to pornography and other obscene materials, sites offering any services related to prostitution and sexual related services. any business which has financial risk, legal liability or violations of any regulations
GENERAL TERMS & APPLICABLE LAW
2.2.1 Retail Client – the User who is a natural person who has attained the age of 18 with legal capacity and sufficient authorization to enter into these Terms. The Users who are citizens or residents of the USA and China are not eligible to use TOKEX PRO Account due to internal policy decisions.
2.2.2 Corporate Client- the User who is a legal entity and has sufficient authorization to enter into these Terms. The Authorized person of the Entity shall submit the Letter of Authorization in order to sign up with TOKEX PRO. The entities which are registered in the USA and China are not eligible to use TOKEX PRO Account due to internal policy decisions.
2.5 User Restrictions - TOKEX PRO reserves the right to choose markets and jurisdictions to conduct business and shall restrict or refuse some Users due to Internal policy decisions and shall restrict or refuse Users who are included in any Anti-money Laundering High risk Jurisdictions as per FATF and Basel recommendations or any economic sanctions lists, such as United Nations Security Council Sanctions List, and The Office of Foreign Assets Control of the US Department of the Treasury.
2.6 Governance- These Terms are governed by and shall be construed in accordance with the laws of the British Virgin Islands.
- 1.ACCOUNT SETUP
3.1 Registration of TOKEX PRO Account
3.1.1 In order to sign up a TOKEX PRO account, you must register in the TOKEX PRO services. By using the TOKEX PRO account, you agree and represent that you will use the TOKEX PRO account for yourself, and not on behalf of any third party, unless you have obtained prior legal approval from TOKEX PRO.
3.2 Identity Verification 3.2.1 TOKEX PRO has implemented a fully compliant and advanced User onboarding and Anti-Money Laundering Screening system (“KYC System”) that is designed to facilitated the process of User registration and identity verification in order to assess, manage and mitigate any money laundering or terrorist financing risks associated with the User.
3.2.2 In order to conduct the Identity verification TOKEX PRO may insist you to complete the following KYC process; Account Creation & Registration Sanction & PEP Screening Document Verification Identity Verification/Liveness check and Face Match Video Calls and Interviews (as necessary) Email, Phone and Address verification Onboarding Questionnaire
3.2.3 In providing us with the above-mentioned information, you confirm that the information is accurate and authentic. Further you agree to keep us updated if any of the information you provide changes. If there are any grounds for believing that any of the information you provided is incorrect, false, outdated or incomplete, TOKEX PRO reserves the right to send you a letter of demand for corrections, suspend, freeze or terminate all/part of the TOKEX PRO services we provide you. If TOKEX PRO is unable to reach you with the contact information you provided, you shall be fully liable for any loss or expense caused to TOKEX PRO during your use of TOKEX PRO services.
3.2.5 Further, you expressly acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime institutions or authorities and these institutions or authorities may respond to our inquiries in full.
3.3 Access The TOKEX PRO Services can be accessed directly using the TOKEX PRO platform and TOKEX PRO mobile application. Access to TOKEX PRO services may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to buy or sell for periods of time and may also lead to support response time delays. TOKEX PRO shall not be liable for any losses resulting from or arising out of transaction delays.
3.4 Account Security
3.4.1 TOKEX PRO has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection.
3.4.2 You shall agree to treat your access credentials (Username & Password) as confidential information, and not to disclose such information to any third party.
3.4.3 You also agree to be solely responsible for taking the necessary security measures to protect your account and personal information
3.4.4 In order to circumvent loss, misuse, unauthorized acquisition or alteration of your data, Users are requested to choose the strongest password and to take appropriate steps to logout from TOKEX PRO at the end of each visit.
3.4.5 In the event of any unauthorized access, TOKEX PRO insists the User to notify the customer support immediately.
TOKEX PRO will never under any circumstances ask you for Username, IDs, Passwords, and we assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of TOKEX PRO and/or failure or act on any notices or alerts that we may send you.
- 1.TOKEX PRO SERVICES
4.1 Services provided by TOKEX PRO TOKEX PRO services (“Services”) refers to various services provided to you such as Virtual Spot Wallet, Crypto-Crypto Spot Trading and Exchange services, Virtual Asset-Fiat Transactions (through collaborating service providers), and Initial Coin/Exchange Offerings (Security tokens are excluded).
4.2.1 TOKEX PRO permits you a revocable, limited, non-transferable and non-sublicensable license to access and use Services through any compatible devices for your personal purposes. You are prohibited to use our services for resale or commercial purposes, including transactions on behalf of other persons or entities without Legal authorization from TOKEX PRO.
4.3 Restriction In the event of attempt to access any part of function of the properties without authorization or any networks of TOKEX PRO services, violate any security or authentication measures or impersonate or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you sent to TOKEX PRO or using our Services in any illegal manner, and creating a substantial doubt of any suspicious activity or suspicious transfer of virtual currency, the TOKEX PRO shall take the below mentioned actions under relevant regulations without your consent or prior notice; Suspend the account temporarily Freezing your account Reporting the incident to the relevant authorities Deleting any information, you published that are found to be violations Terminate your account
- 1.RISK DISCLOSURE
5.1 General 5.1.1 By accessing or using our Platform, you are voluntarily choosing to engage in sophisticated and risky asset transactions. You are further acknowledging that you are aware of the inherent risks associated with using cryptographic and blockchain-based systems including, but not limited to, risks of financial loss, technology glitches and hacking. We work hard to provide state-of-the-art systems and security. Nonetheless, certain issues and risks are unavoidable, and if such issues or problems arise in connection with your use of our Platform, including technical difficulties with depositing or trading virtual assets, it may take days, weeks, or months to resolve, and some issues may not be resolved at all.
5.1.2 You further understand that the markets for digital assets are highly volatile due to factors including but not limited to, adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all of their value while they are supplied and you may suffer loss due to the fluctuation of prices of tokens in a trading pair or liquidity pool, and, especially in expert modes, experience significant price slippage and cost. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks, and cannot be held liable for any resulting losses that you experience while accessing or using the Platform. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Platform.
5.2 Future Trading
5.2.1 Future Contract is an agreement to buy or sell an asset at a future date for a fixed price. Generally, it is used by traders to lock in profits when trading in volatile markets.
5.2.2 You further understand and acknowledge the following FUTURE TRADING TERMS; As a future trader, you acknowledge and agree that you shall access and use the futures trading services at your own risk and you will be solely responsible for any trading / non-trading activity in a TOKEX PRO account. You shall not enter into any transactions or invest in funds that are above your financial abilities. Failure to maintain a sufficient amount of assets in your account can result in insolvency of assets in your future account and hereby, you agree and consent to maintain your TOKEX PRO futures account a sufficient amount of blockchain assets required by TOKEX PRO to engage in future trading. You acknowledge and agree to trade in bona fide. In the event TOKEX PRO suspects your account to be in violation of this term, TOKEX PRO shall have the right to immediately suspend, freeze or lock the Virtual Assets or funds in all such accounts. You acknowledge and agree to conduct all futures trading on your own account and claim full sole responsibility for your activities. TOKEX PRO shall not take any responsibility for any losses or damages incurred as a result of your use of any Services or your failure to understand the risks involved associated with assets. TOKEX PRO reserves the right to suspend or terminate the future Service at any time. You acknowledge and agree that you fully understand the high risk of Futures Trading AND YOU HAVE READ AND UNDERSTOOD ALL THE CONTENTS OF TOKEX PRO FUTURE SERVICE TERMS AND THE RELEVANT TOKEX PRO RULES.
5.3 Margins Trading
5.3.1 Margin trading is borrowing money from a brokerage company and using that money to buy stocks. It is a form of leverage, which investors use to magnify their returns. Margin trading involves trading an asset such as Bitcoin and hinges on the use of borrowed funds to further capitalize on the future price movements of an underlying asset.
5.3.2 You further understand and acknowledge the following MARGIN TRADING TERMS; As a leveraged trader, you agree that you access and use Margin trading services at your own risk. Using margin to support spot transactions involves a high degree of risk. You acknowledge that the use of leverage may result in major gains or losses due to volatility and may lose capital quickly in the trading market. In such an event you may lose more funds than you deposit in your TOKEX PRO account. You acknowledge and agree to sell your assets without any notification and we are not obliged to notify you.
5.4 Market Manipulating Market Manipulating is an activity to attempt to artificially influence a Virtual Asset’s price or the behavior of the markets. Any single individual or a group of people may create an illusion in the market in order to profit from the aftermath. You acknowledge and agree that you shall not take, directly or indirectly, any action designed to or that might reasonably be expected to cause or result in any market manipulation including pump and dumps scheme, front-running, wash trading, spoofing and layering, stop hunting, churning, quote stuffing, false trading, insider dealing, price rigging, any deceptive activity and etc,. In any circumstances if TOKEX PRO identifies and/or suspects that you have engaged in Crypto market manipulation including pump and dumps scheme, front-running, wash trading, spoofing and layering, stop hunting, churning, quote stuffing, false trading, insider dealing, price rigging, any deceptive activity and etc, the TOKEX PRO reserves the sole discretion to freeze, suspend and/terminate your transactions/account in the TOKEX PRO platform. In the event that you get to know or have reason to believe that you have engaged with above mentioned activities, you must immediately contact TOKEX PRO.
6.SUSPENSION, FREEZING, RESTRICTION, CANCELATION, DEACTIVATION OR TERMINATION
6.2 In the event of any suspension, freezing, restriction, cancellation, deactivation or termination of your TOKEX PRO account and any TOKEX PRO services, we will provide you with notice of our actions unless a court order or other legal process prohibits TOKEX PRO from providing you with such notices.
6.3 You acknowledge that TOKEX PRO shall take decisions in regard to any suspension, freezing, restriction, cancellation, deactivation or termination and these may be based on any confidential criteria that are essential to TOKEX PRO’s Risk Management and Security Protocols. Along with that, you further agree TOKEX PRO is under no obligation to disclose the details of its risk management and security procedures to you.
6.4 You shall cancel your TOKEX PRO account at any time by selling or transferring your Virtual Asset and visiting our cancellation option. By canceling your TOKEX PRO account, you authorize TOKEX PRO to cancel or suspend any pending transactions at the time of cancellation. You will not be charged for canceling your TOKEX PRO account, however you will be required to pay any outstanding amounts owed to TOKEX PRO.
- 1.DEATH OF USER In the event of a death of User, who is a natural legal person; by receiving a legal document confirming your death or any information leading us to believe that you have died, we will freeze your TOKEX PRO Account and no transactions shall be permitted. Upon receiving the legal document such as Death Certificate, Probate document, or letter of administration or a valid Will or Similar testamentary document of the deceased’s account, TOKEX PRO shall grant access to the designated fiduciary. If we determine, in our sole and absolute discretion, that there is uncertainty regarding the validity of the fiduciary designation, we reserve the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your TOKEX PRO Account.
- 2.LIQUIDATION OF USER In the event of liquidation of a Corporate Client which is a legal entity; Legal entity may upon any (a) voluntary or involuntary liquidation, (b) bankruptcy, or (c) liquidation by any court order or authority, shall request to claim the asset owned in the TOKEX PRO account. In such circumstances, the Authorized person of the Entity shall have the right to claim such Virtual Asset. Upon receiving the legal document related to the liquidation of the entity, submitted by the Authorized person of the Entity, the Corporate Client shall receive the right to sell or transfer the Virtual Asset. By agreeing this term, you acknowledge that you are aware that TOKEX PRO does not provide withdrawal of Virtual Asset.
- 3.UNCLAIMED PROPERTY If TOKEX PRO is holding funds (Virtual Assets) in your Account and is unable to contact you and has no record of your use of Services for several years, TOKEX PRO may report these funds in your account as “Unclaimed Property” to the applicable authority in accordance to the relevant laws of BVI.
- 5.LIMITATION OF LIABILITY In no event shall TOKEX PRO, its affiliates and service providers or any of the respective officers, shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, joint ventures or contractors, be liable for any special, incidental, indirect, intangible, punitive, consequential damages or any lost profits, diminution in value, any loss, damage, breach of data arising out of Services, any performance or non-performance of Services or other product provided by or on behalf of TOKEX PRO and its affiliates, whether under tort, contract, statute, strict liability, negligence or otherwise arising out of or in connection with authorized or unauthorized use of TOKEX PRO website or Services or contract even if an authorized representative of TOKEX PRO has been advised of or knew or should have known of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy or compensation of its essential purpose, except to the extent of a final judicial determination that such damages were result of TOKEX PRO’S gross negligence, fraud, willful misconduct or intentional violation of law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
- 6.DISCLAIMER OF WARRANTIES To the maximum extent permitted under applicable law, Services, TOKEX PRO materials and any product, service or other item provided by or on behalf of TOKEX PRO are offered on an “as is'' and “as available” basis, without any representation or warranty, whether TOKEX PRO expressly, impliedly or statutorily disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non- infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, TOKEX PRO does not represent or warrant that the site, TOKEX PRO services or TOKEX PRO materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Further TOKEX PRO does not guarantee that any order will be executed, accepted, recorded or remained open. Except for the express statements, agreements and rules set forth in these terms. You hereby, acknowledge that information you store or transfer through Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, force majeure event or other disasters including third party distributed denial of services (DDoS) attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our services.
- 7.INDEMNIFICATION You agree and acknowledge to indemnify and hold TOKEX PRO, its affiliates, service providers, directors, agents, respective officers, employees, joint venturers, representatives, contractors, licensors harmless from any and all claims, demands, loss, proceedings, suits or damages, cost or expenses including attorney’s fees, any fines, fees or penalties imposed by any regulatory authority arising out of or related to any violation or breach of this agreement or any applicable law, regulations or rights of any third party. In such circumstances, TOKEX PRO reserves the right in sole discretion to control any action or proceedings in the manner it wishes to settle it.
- 8.COMPLAINTS RESOLUTION
14.1 TOKEX PRO has adopted this Complaints procedure in order to ensure a fair and quick process for handling all complaints that may arise
14.2 If you have any complaints or other inquiries, your first step is to contact us via email to [email protected]
Your complaint should include the following details: Full Name Registered Email Trading Account Number A summary of your compliant and the disputed amount
14.3 We at TOKEX PRO will acknowledge receipt of your compliant within Eight (8) working days from the receipt of your compliant
14.4 In any exceptional circumstances, if the representative is unable to respond your complaint within 8 working days beyond the TOKEX PRO’s Control, the representative will send you a communication indicating the reasons for any delay in answering your Complaint, and specifying the deadline by which the representative will respond to your Complaint, which will be no later than 14 working days from our receipt of your complaint.
14.5 We shall make every effort to investigate your complaint and provide you with the outcome of our investigation within one (1) month from the date you submitted your complaint to us.
14.6 In the event your complaint requires further investigation and we cannot resolve it within one (1) month, we will issue a holding response in writing or another durable medium. When a holding response is sent, it will indicate the causes of the delay.
14.7 In any event, we shall provide you with the outcome of our investigation no later than two (2) months from the issuing of the holding response, depending on the complexity of the case and your cooperation.
14.8 In the event, when we reach any outcome, we will inform you of it together with an explanation of our position and any remedy measure if applicable.
14.9 Please note that TOKEX PRO shall consider your complaint as closed and cease the relevant investigation in case you fail to respond to our officers within the period of one (1) month from the date of the submission of your complaint.
IN ANY CIRCUMSTANCES, FAILURE TO FOLLOW THE ABOVE-MENTIONED COMPLAINTS RESOLUTION PROCESS OF THESE TERMS, BEFORE FILING AN ARBITRATION CLAIM OR SUIT IN ANY LOCAL SMALL CLAIMS COURT OR INSTITUTION, WE SHALL HAVE THE RIGHT TO ASK THE ARBITRATOR TO DISMISS YOUR FILING OF COMPLIANT, UNLESS YOU COMPLETE THE INTERNAL COMPLAINTS RESOLUTION PROCESS.
- 1.DISPUTE RESOLUTION PROCESS
15.1 In the event, if you are not satisfied with the Complaint Resolution Process made, you shall have the right to refer your complaint to the Arbitration process.
15.2 London Courts of International Arbitration (LCIA) shall be the Arbitrator and shall have the exclusive power, including limitation of any objections with respect to the existence, scope or validity of the Agreement to Arbitrate. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by LCIA.
15.4 The arbitration shall be conducted by a sole, neutral arbitrator and shall take place in BVI or LCIA London or another mutually agreeable location by both parties, in English Language.
15.5 The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in the BVI courts. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect.
15.6 In the event the Complaint Resolution and our proposed Arbitration provided fails, according to the Consumer Protection Act 2020 of the BVI, the User shall have the right to choose the settlement which is more appropriate and shall either accept our proposed arbitration and/or to commence an action, the User may choose a Court or the Tribunal of the BVI.
- 1.CLASS ACTION WAIVER You and TOKEX PRO agree that, to the extent permissible by Law, all claims must be brought in a party’s individual capacity, and not on a class, representative or collective basis, and the parties hereby agree to waive all rights to have any dispute be brought, heard, administered, resolved or arbitrated on a class, collective, or representative basis. Disputes of more than one User cannot be arbitrated or consolidated with those of any other User. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including TOKEX PRO. Further, you acknowledge that, by agreeing to these terms, you and TOKEX PRO are each waiving the right to a trial by jury and the right to participate in a class action.