Last revised: 30 April, 2022
Please read the terms carefully as they govern your use of TomanEX
Website Services. THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION. The terms of the arbitration provision are set forth in Article 10, “Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives.BY MAKING USE OF TomanEX website SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF TomanEX website SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) TomanEX website SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using or attempting to use Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access TomanEX website or utilize TomanEX website services.
2. TomanEX Operators ：refer to all parties that run TomanEX, including but not limited to legal persons, unincorporated organizations and teams that provide TomanEX Services and are responsible for such services. For convenience, unless otherwise stated, references to “TomanEX” and “we” in these Terms specifically mean TomanEX Operators. UNDER THESE TERMS, TOMANEX OPERATORS MAY CHANGE AS TOMANEX’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF TOMANEX OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW TOMANEX SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE TOMANEX SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED TOMANEX OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.
3. TomanEX Services Services refer to various services provided to you by TomanEX that are based on Internet and/or blockchain technologies and offered via TomanEX websites, mobile applications, clients and other forms (including new ones enabled by future technological development). TomanEX Services include but are not limited to such TomanEX ecosystem components as Digital and Fiat Asset Trading Platforms, the financing sector included Staking, Assets IEO and Liquidity providing, challenges on price prediction plus Lottery, TomanEX Bridge Dapp, TomanEX Fiats Gateway, and compatibility with well-known wallets including Trust wallet and Tronlink Pro, etc. and novel services to be provided by TomanEX.
4. TomanEX Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by TomanEX, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.
5. Users refer to all individuals, institutions or organizations that access, download or use TomanEX or TomanEX Services and who meet the criteria and conditions stipulated by TomanEX. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed
6. Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on block chain and cryptography technologies and are issued and managed in a decentralized form
7. Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
8. TomanEX Accounts refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by TomanEX for Users to record on TomanEX their usage of TomanEX Services, transactions, asset changes and basic information. TomanEX Accounts serve as the basis for Users to enjoy and exercise their rights on TomanEX.
9. Crypto-to-crypto Trading refers to spot transactions in which one digital currency is exchanged for another digital currency.
10. Fiat Trading refers to spot transactions in which Digital Currencies are exchanged for fiat currencies or vice versa.
1. About These Terms
a. Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and TomanEX Operators..
b. Supplementary Terms
c. Changes to These Terms
TomanEX reserves the right to change or modify these Terms in its discretion at any time. TomanEX will notify such changes by updating the terms on its website () and modifying the [Last revised] date displayed on this page. ANY AND ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF TOMANEX SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST STOP USING TOMANEX SERVICES IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE YOUR UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF TOMANEX SERVICES.
d. Prohibition of Use
BY ACCESSING AND USING TOMANEX SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR INTERNATIONAL SANCTIONS LIST. TOMANEX RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF TOMANEX SERVICES IN CERTAIN COUNTRIES OR REGIONS.
2. About TomanEX
As an important part of the TomanEX Ecosystem, TomanEX mainly serves as a global online platform for Assets trading, and provides Users with a trading platform, financing services, technical services and other Assets-related services. As further detailed in Article 3 below, Users must register and open an account with TomanEX, and deposit Assets into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital and Fiat Assets.
Although TomanEX has been committed to maintaining the accuracy of the information provided through TomanEX Services, TomanEX cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall TomanEX be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about TomanEX Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. TomanEX does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on TomanEX or any other communication medium. All Users of TomanEX Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
b. EligibilityBy registering to use a TomanEX Account, you represent and warrant that (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using TomanEX Services; (iv) you do not currently have a TomanEX Account; (v) If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity; (vi) your use of TomanEX Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
Please note that some products and services may not be available in certain jurisdictions or regions or to certain users. TomanEX reserves the right to change, modify or impose additional restrictions at its discretion at any time.
d. Account Usage Requirements
The TomanEX Account can only be used by the account registrant. TomanEX reserves the right to suspend, freeze or cancel the use of TomanEX Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify TomanEX immediately. TomanEX assumes no liability for any loss or damage arising from the use of TomanEX Account by you or any third party with or without your authorization.
e. Account SecurityTomanEX has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for TomanEX Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your TomanEX Account and personal information.
You should be solely responsible for keeping safe of your TomanEX Account and password, and be responsible for all the transactions under your TomanEX Account. TomanEX assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc. By creating a TomanEX Account, you hereby agree that:
i. you will notify TomanEX immediately if you are aware of any unauthorized use of your TomanEX Account and password or any other violation of security rules;
ii. you will strictly abide by all mechanisms or procedures of TomanEX regarding security, authentication, trading, charging, and withdrawal; and
iii. you will take appropriate steps to logout from TomanEX at the end of each visit.
f. Personal Data
i. your transaction counterparty;
ii. TomanEX Operators, and the shareholders, partners, investors, directors, supervisors, senior managers and employees of such entities;
iii. our joint ventures, alliance partners and business partners;
iv. our agents, contractors, suppliers, third-party service providers and professional advisers, including the parties who have been contracted to provide us with administrative, financial, research, operations, IT and other services, in such areas as telecommunications, information technology, payroll, information processing, training, market research, storage and archival;
v. third-party business partners who provide goods and services or sponsor contests or other promotional activities, whether or not in cooperation with us;
vi. insurance companies or insurance investigators and credit providers;
vii. credit bureaus, or any debt collection agencies or dispute resolution centers in the event of violation or dispute;
viii. business partners, investors, trustees or assignees (actual or expected) that promote business asset transactions (which can be broadened to include any merger, acquisition or asset sale) of TomanEX Operators;
ix. professional consultants such as auditors and lawyers;
x. relevant government regulatory agencies or law enforcement agencies to comply with laws or regulations formulated by government authorities;
xi. assignees of our rights and obligations;
xii. banks, credit card companies and their respective service providers;
xiii. persons with your consent as determined by you or the applicable contract.
Upon completion of the registration and identity verification for your TomanEX Account, you may use various TomanEX Services, including but not limited to, Crypto-to-crypto Trading, Fiat Trading, contract trading, leveraged trading, TomanEX Savings services, staking, acquiring market-related data, research and other information released by TomanEX, participating in User activities held by TomanEX, etc., in accordance with the provisions of these Terms (including TomanEX Platform Rules and other individual agreements). TomanEX has the right to:
1. Provide, modify or terminate, in its discretion, any TomanEX Services based on its development plan; and
2. Allow or prohibit some Users’ use of any TomanEX Services in accordance with relevant TomanEX Platform Rules.
Provided that you constantly comply with the express terms and conditions stated in these Terms, TomanEX grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sub licensable license to access and use TomanEX Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use TomanEX Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding TomanEX Services should be stipulated in the discretion of TomanEX. TomanEX reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using TomanEX Services in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use TomanEX Services. Therefore, you hereby agree that when you use TomanEX Services, TomanEX does not transfer TomanEX Services or the ownership or intellectual property rights of any TomanEX intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through TomanEX Services, are exclusively owned, controlled and/or licensed by TomanEX Operators or its members, parent companies, licensors or affiliates.
TomanEX owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about TomanEX or TomanEX Services that you provide through email, TomanEX Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to TomanEX. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
When you use TomanEX Services, you agree and undertake to comply with the following provisions:
i. During the use of TomanEX Services, all activities you carry out should comply with the
requirements of applicable laws and regulations, these Terms, and various guidelines of TomanEX; ii. Your use of TomanEX Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using TomanEX Services;
iii. You agree not to use the services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);
iv. Without written consent from TomanEX, the following commercial uses of TomanEX data are prohibited:
1) Trading services that make use of TomanEX quotes or market bulletin board information.
2) Data feeding or streaming services that make use of any market data of TomanEX.
3) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from TomanEX.
v. Without prior written consent from TomanEX, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
vi. You may not (i) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of TomanEX Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through TomanEX Services; (ii) attempt to access any part or function of the properties without authorization, or connect to TomanEX Services or any TomanEX servers or any other systems or networks of any TomanEX Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of TomanEX Services or any network connected to the properties, or violate any security or authentication measures on TomanEX Services or any network connected to TomanEX Services; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of TomanEX Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of TomanEX Services or TomanEX, or the infrastructure of any systems or networks connected to TomanEX services; (vi) use any devices, software or routine programs to interfere with the normal operation of TomanEX Services or any transactions on TomanEX Services, or any other person’s use of TomanEX Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to TomanEX, or (viii) use TomanEX Services in an illegal way.
By accessing TomanEX Services, you agree that TomanEX has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
1. Blocking and closing order requests;
2. Freezing your account;
3. Reporting the incident to the authorities;
4. Publishing the alleged violations and actions that have been taken;
5. Deleting any information, you published that are found to be violations.
Upon completion of the registration for your TomanEX Account, you may conduct Crypto-to-crypto Trading on TomanEX in accordance with the provisions of these Terms and TomanEX Platform Rules.
Upon sending an instruction of using TomanEXA Services for Crypto-to-crypto Trading (an “Order”), your account will be immediately updated to reflect the open Orders, and your Orders will be included in TomanEX’s order book to match other users’ Orders. If one of your Orders fully or partially matches another user’s Order, TomanEX will execute an exchange (a “Transaction”). Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed and closed, or the Order has been partially executed. The Order will remain uncompleted until it is fully executed or cancelled under paragraph (b) below. To conclude a Transaction, you authorize TomanEX to temporarily control the Digital Currencies involved in your Transaction.
b. CancellationFor Orders initiated through TomanEX Services, you may only cancel them before they have been matched with other Users’ Orders. Once your Order has been matched with another user’s Order, you may not change, revoke or cancel TomanEX’s authorization to complete the Order. For any partially matched Order, you may cancel the unmatched part of the Order unless such portion has been matched. TomanEX reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient amount of Digital Currencies to execute an Order, TomanEX may cancel the entire Order, or execute part of the Order with the amount of Digital Currencies you have in your account (in each case, any Transaction related fees payable to TomanEX are deducted as stated in paragraph (c) below).
c. FeesYou agree to pay TomanEX the fees that their latest update specified in fees section at TomanEX website. .TomanEX may, in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize TomanEX to deduct from your account any applicable fees that you owe under these Terms.
d. Other Types of Crypto-to-crypto TradingIn addition to the Crypto-to-crypto Trading that allows users to directly place orders as mentioned in paragraph (a) above, TomanEX may, in its discretion, provide technical and platform services for other types of Crypto-to-crypto Trading under its separately formulated TomanEX Platform Rules, such as One Cancels the Other (OCO) and block trade.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TOMANEX SERVICES, TOMANEX MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF TOMANEX ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND TOMANEX EXPRESSLY 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, TOMANEX DOES NOT REPRESENT OR WARRANT THAT THE SITE, TOMANEX SERVICES OR TOMANEX MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOMANEX DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF TOMANEX SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT TOMANEX WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY TOMANEX AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY TOMANEX; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY TOMANEX.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TOMANEX, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF TOMANEX SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF TOMANEX SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF TOMANEX AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF TOMANEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF TOMANEX’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.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF TOMANEX, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF TOMANEX AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF TOMANEX SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO TOMANEX UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
You agree to indemnify and hold harmless TomanEX Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, TomanEX Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of TomanEX Services. If you are obligated to indemnify TomanEX Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, TomanEX will have the right, in its sole discretion, to control any action or proceeding and to determine whether TomanEX wishes to settle, and if so, on what terms.
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on www.Tomanex.io and official pages that are introduced in TomanEX website. USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. TOMANEX WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE ANNOUNCEMENTS.
1. The TomanEX Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
2. We detect unusual activities in the TomanEX Account;
3. We detect unauthorized access to the TomanEX Account;
4. We are required to do so by a court order or command by a regulatory/government authority.
In case of any of the following events, TomanEX shall have the right to directly terminate these Terms by cancelling your TomanEX Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your TomanEX Account on TomanEX and withdraw the corresponding TomanEX Account thereof:
1. after TomanEX terminates services to you;
2. you allegedly register or register in any other person’s name as a TomanEX User again, directly or indirectly;
3. the information that you have provided is untruthful, inaccurate, outdated or incomplete;
4. when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your TomanEX Account or by other means;
5. you request that TomanEX Services be terminated; and
6. any other circumstances where TomanEX deems it should terminate TomanEX Services.
Should your TomanEX Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, TomanEX shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
If TomanEX is informed that any Digital Assets or funds held in your TomanEX Account are stolen or otherwise are not lawfully possessed by you, TomanEX may, but has no obligation to, place an administrative hold on the affected funds and your TomanEX Account. If TomanEX does lay down an administrative hold on some or all of your funds or TomanEX Account, TomanEX may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to TomanEX has been provided to TomanEX in a form acceptable to TomanEX. TomanEX will not involve itself in any such dispute or the resolution of the dispute. You agree that TomanEX will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.
Except as set forth in paragraph 4 below, once a TomanEX Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to TomanEX) will be payable immediately to TomanEX. Upon payment of all outstanding charges to TomanEX (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.
TomanEX maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of TomanEX Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
TomanEX is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using TomanEX Services. No communication or information provided to you by TomanEX is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. TomanEX does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. TomanEX will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by TomanEX.
It is Users’ responsibility to abide by local laws in relation to the legal usage of TomanEX Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. ALL USERS OF TOMANEX SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT TOMANEX WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS. TomanEX maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.1. Notice of Claim and Dispute Resolution Period.. Please contact TomanEX first! TomanEX wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with TomanEX, then you should contact TomanEX and a ticket number will be assigned. TomanEX will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against TomanEX, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to TomanEX. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original ticket number, and (4) include your TomanEX account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with TomanEX. After you have provided the Notice of Claim to TomanEX, the dispute referenced in the Notice of Claim may be submitted by either TomanEX or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to TomanEX for resolution internally and the delivery of a Notice of Claim to TomanEX are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or TomanEX shall not be disclosed to the arbitrator.
2. Agreement to Arbitrate and Governing Law.You and TomanEX Operators agree that, subject to paragraph 1 above, any dispute, claim, or controversy between you and TomanEX (and/or TomanEX Operators) arising in connection with or relating in any way to these Terms or to your relationship with TomanEX (and/or TomanEX Operators) as a user of TomanEX Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. You and TomanEX Operators further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favor of anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms. Arbitration Rules. Any arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. Time for Filing: ANY ARBITRATION AGAINST TOMANEX OPERATORS MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN PARAGRAPH 1 OF THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. You agree that any notice sent to the user email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with TomanEX is up-to-date and accurate. The location of any in-person arbitration hearing shall be Malaysia, unless otherwise agreed to by the parties. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any party. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.
3. Class Action Waiver. You and TomanEX agree that any claims relating to these Terms or to your relationship with TomanEX as a user of TomanEX Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and TomanEX further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including TomanEX.
5. Severability. . If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law. pending closure of your account.
1. Independent Parties. . TomanEX is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
2. Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of TomanEX Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein
3. Interpretation and Revision. TTomanEX reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on TomanEX websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of TomanEX Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, TomanEX will not be responsible for any modification or termination of TomanEX Services by you or any third party, or suspension or termination of your access to TomanEX Services.
4. Force Majeure. . TomanEX will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond TomanEX’s reasonable control.
5. Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
6. Assignment. . You may not assign or transfer any right to use TomanEX Services or any of your rights or obligations under these Terms without prior written consent from TomanEX, including any right or obligation related to the enforcement of laws or the change of control. TomanEX may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
7. Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
9. Matters Related to Apple Inc.If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through TomanEX Services, such activities and programs are provided by TomanEX and are not associated with Apple Inc. in any manner.
10. Contact Information. . For more information on TomanEX, you may refer to the company and license information found on TomanEX websites. If you have questions regarding these Terms, please feel free to contact TomanEX for clarification via our Customer Support team.
11. Contact Information. For more information on TomanEX, you may refer to the company and license information found on TomanEX websites. If you have questions regarding these Terms, please feel free to contact for clarification via our Customer Support team at www.tomanex.io/support