Tokocrypto services are provided by PT. Crypto Indonesia Berkat, an Indonesia entity.
Last updated: March 14, 2018
Refund rights. If an unauthorised transaction occurs, we will refund you the amount of that transaction within one business day and restore your E-Money Wallet to the state it would have been in had the unauthorised transaction not taken place. Generally, you will not be liable for losses incurred after you have notified us of the unauthorised use of your E-Money Wallet or if we have failed at any time to provide you with the means for notifying us; however:
Where there is a dispute between us and you regarding an unauthorised transaction, we may temporarily credit your E-Money Wallet whilst we settle the dispute. Where we determine that the transaction was authorised, we may reverse that credit and correct errors made in any statement of E-Money Wallet without prior notice to you. You will also be liable to us for any E-Money you have transferred which was temporarily credited to your E-Money Wallet.
Where a transaction is made incorrectly (e.g. through our error) we shall refund to you the amount of that transaction without undue delay and restore your E-Money Wallet to the state in which it would have been had the transaction not have taken place, although we will endeavour to provide you with reasonable notice where possible. We will also pay any charges for which we are responsible, and for any interest which you can show that you have had to pay as a consequence of any incorrect or incomplete transaction.
Irrespective of our liability, on your request, we shall try to trace any incorrect or incomplete transaction initiated by you free of charge. However, we cannot guarantee that we will be able to trace such transactions.
Digital Asset Transactions. We will process Digital Asset Transactions in accordance with the instructions we receive from you. You should verify all transaction information prior to submitting instructions to us. We do not guarantee the identity of any user, receiver, requester or other party. Digital Asset Transactions cannot be reversed once they have been broadcast to the relevant Digital Asset network.
If you initiate a Digital Asset Transaction by entering the recipient's email address and the recipient does not have an existing Tokocrypto Account, we will invite the recipient to open a Tokocrypto Account. If the recipient does not open a Tokocrypto Account within 30 days, we will return the relevant Digital Asset to your Digital Asset Wallet.
Once submitted to a Digital Asset network, a Digital Asset Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Asset network. A Digital Asset Transaction is not complete while it is in a pending state. Digital Asset associated with Digital Asset Transactions that are in a pending state will be designated accordingly, and will not be included in your Digital Asset Wallet balance or be available to conduct Digital Asset Transactions.
We may charge network fees (miner fees) to process a Digital Asset Transaction on your behalf. We will calculate the network fee in its discretion, although we will always notify you of the network fee at or before the time you authorise the Digital Asset Transaction.
We may refuse to process or cancel any pending Digital Asset Transaction as required by law or any court or other authority to which Tokocrypto is subject in any jurisdiction.
Supported Digital Currencies. Our Digital Asset Services are available only in connection with those digital currencies that Tokocrypto supports, and this may change from time to time. Under no circumstances should you attempt to use your Digital Asset Wallet to store, send, request, or receive digital currencies in any form that we do not support (although we will use reasonable efforts to help you move or sell Digital Asset that we no longer support). We assume no responsibility or liability in connection with any attempt to use your Digital Asset Wallet for digital currencies that we do not support.
If you have any questions about which Digital Currencies we currently support, please visit www.tokocrypto.com.
Operation of Digital Asset Protocols. We do not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform: generally, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee their functionality, security, or availability.
You acknowledge and accept the risk that underlying software protocols relating to any Digital Asset you store in your Digital Asset Wallet may change.
In particular, the underlying protocols are likely to be subject to sudden changes in operating rules ("forks"), and such forks may materially affect the value, function, and/or the name of the Digital Asset you store in your Digital Asset Wallet. Where possible, we may provide you with notices or alerts on forks in accordance with Section 11.11 (Contact Information) below and you must read such notices or alerts received from us in order that you may consider how to deal with upcoming forks. However, it is your responsibility to make yourself aware of, and consider how to deal with, upcoming forks. In the event of a fork, there is a risk that we may need to temporarily suspend operations in relation to that fork without providing advance notice to you. We may, in our reasonable discretion, decline to support either or both branches of a fork.
You acknowledge the risks presented by forks and you accept that we have no responsibility to assist you to move or sell an unsupported branch of a forked protocol.
In General. The Digital Asset Exchange Service enables you to buy Digital Asset using:
Conversely, when you sell Digital Asset you may elect to receive:
E-Money Transactions. You may purchase supported Digital Asset by using E-Money credited to your E-Money Wallet. You authorise us to debit E-Money from your E-Money Wallet. Although we will attempt to deliver Digital Asset to you as promptly as possible, E-Money may be debited from your E-Money Wallet before Digital Asset is delivered to your Digital Asset Wallet.
You may sell Digital Asset in exchange for E-Money. You authorise us to debit your Digital Asset Wallet and credit your E-Money Wallet with the relevant amount of E-Money.
Exchange Rates. Each purchase or sale of Digital Asset using E-Money is also subject to the Tokocrypto "Exchange Rate"for the given transaction. The "Exchange Rate"means the price of a given supported Digital Asset in E-Money as quoted on the Tokocrypto Site. The Exchange Rate is stated either as a "Buy Price"or as a "Sell Price ,"which is the price at which you may buy or sell Digital Asset, respectively. You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time, and that we may add a margin or "spread"to the quoted Exchange Rate. You agree to accept the Exchange Rate when you authorise a transaction.
We do not guarantee the availability of any Exchange Rate. We do not guarantee that you will be able to buy and / or sell your Digital Asset on the open market at any particular price or time.
Suspension, Termination, and Cancellation. We may: (a) refuse to complete or block, cancel or reverse a transaction you have authorised (b) suspend, restrict, or terminate your access to any or all of the Tokocrypto Services, and/or (c) deactivate or cancel your Tokocrypto Account with immediate effect for any reason, including but not limited to where:
We may also refuse to complete a transaction you have authorised where there is insufficient E-Money in your Tokocrypto E-Money Account and / or insufficient Digital Asset in your Digital Asset Wallet to cover the transaction and (where applicable) associated fees at the time that we receive notification of the transaction.
If we refuse to complete a transaction and / or suspend or close your Tokocrypto Account, or terminate your use of Tokocrypto Services in this way, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure. In the event that we refuse to complete a transaction and / or suspend your Tokocrypto Account we will lift the suspension as soon as reasonably practicable once the reasons for refusal and / or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction.
We may suspend, restrict, or terminate your access to any or all of the Tokocrypto Services and/or deactivate or cancel your Tokocrypto Account, without reason by giving you two months notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Tokocrypto Account, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.
On termination of this Agreement, unless prohibited by applicable law or by any court or other order to which Tokocrypto is subject in any jurisdiction, you may:
If we suspend or close your account, or terminate your use of Tokocrypto Services for any reason, we reserve the right to require you to complete the procedures outlined at Section 2.2. (Identity Verification) before permitting you with transfer or withdraw Digital Asset or E-Money.
You may cancel your Tokocrypto Account at any time by withdrawing all balances. You will not be charged for cancelling your Tokocrypto Account, although you will be required to pay any outstanding amounts owed to us. You authorise us to cancel or suspend any pending transactions at the time of cancellation.
Limitations of Liability. We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of this Agreement and our liability in these circumstances is limited as set out in the remainder of this section.
(For the avoidance of doubt the term "loss"includes a partial loss or reduction in value as well as a complete or total loss.)
Limitation of loss. In addition to the liability cap at Section 8.3.A. above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:
(i) any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and / or any actual or hypothetical trading losses, even if we are advised of or knew or should have known of the possibility of the same. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that we failed to process a buy or sell transaction properly, your damages are limited to no more than the combined value of the supported Digital Asset and E-Money at issue in the transaction, and that you may not recover for any "loss"of anticipated trading profits or for any actual trading losses made as a result of the failure to buy or sell.
(ii) any loss of or damage to reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, even if we are advised of or knew or should have known of the possibility of the same;
(iii) any loss of use of hardware, software or data and / or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and / or any interruption in any such data;
(iv) any loss or damage whatsoever which does not stem directly from our breach of this Agreement; and / or
(v) any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of this Agreement (whether or not you are able to prove such loss or damage).
No Warranties. The Tokocrypto services are provided on an "as is"and "as available"basis without any representation or warranty, whether express or implied, to the maximum extent permitted by applicable law: specifically we disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any representations or warranties that access to the Tokocrypto Site, any of the Tokocrypto Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
We make no representations about the accuracy or completeness of historical Digital Asset price data available on the Tokocrypto Site. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, and cheque issuances are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
Contact Tokocrypto. If you have any feedback, questions, or complaints, contact us via our Customer Support Prismapp chat.
When you contact us please provide us with your name, address, and any other information we may need to identify you, your Tokocrypto Account, and the transaction on which you have feedback, questions, or complaints.
Personal Data. You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated or other individuals, in connection with this Agreement, or the Tokocrypto Services. Accordingly, you represent and warrant that:
Amendments. We will notify of you any change to the Agreement relating to Tokocrypto E-Money Services by email at least two months in advance. In such circumstances, you will be deemed to have accepted the change if you do not notify us otherwise prior to the date the change takes effect and continue to use the Services. If you do not accept the change, the Agreement will terminate at the end of the two-month notice. You may also end the Agreement immediately and free of charge with effect at any time before the expiry of the two-month notice. We may make all other amendments to the Agreement by posting the revised Agreement on the Tokocrypto Site or by emailing it to you, indicating when the revised Agreement becomes effective. Although we will endeavour to provide you with advance notice where possible, where lawful we may indicate that the revised Agreement shall be effective immediately and if you do not agree with any such modification, you should close your Tokocrypto Account and cease using the Tokocrypto Services.
Copies of the most up-to-date version of the Agreement will be made available in the Tokocrypto Site at all times and will be provided to you by email on your request.