Terms & Conditions
6.4.Tokash will send you the credit balance of your Account; however, in certain circumstances a number of intermediaries may be involved in an international payment (such as correspondence banks) and these or the beneficiary bank may deduct charges. We will make all reasonable efforts to ensure that such charges are disclosed to you prior to sending your payment; however, where they cannot be avoided, you acknowledge that these charges cannot always be calculated in advance, and that you agree to be responsible for such charges.
6.5.Upon Account closure, any amount less than USD 5 in value will not be returned.
6.6.Tokash reserves the right to not convert Cryptocurrencies into fiat and to return them to a Wallet that belongs to the User.
7.1.By accessing and using any of the Tokash services, the USER agrees that he or she is solely responsible for any and all orders, trades, deposits, withdrawals and other instructions entered into their Tokash Accounts including identifiers, permissions, passwords, and security codes associated with their Tokash Account.
7.2.All buy and sell orders made on the Trading Platform cannot be linked to a specific User by the other Users of the Platform.
7.3.Each purchase or sale of Cryptocurrency is subject to the Exchange Rate for the given transaction. The "Exchange Rate" means the price of a given supported Cryptocurrency in fiat currency or another cryptocurrency as quoted on the 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 Currency, respectively. Each fulfilled buy and sell order might be subject to Transaction fees paid to Tokash at the time the order is executed and inaccordance with thefee schedule.
7.4.Tokash represents and warrants that all buy and sell Orders are market Orders. Such orders are executed immediately and cannot be canceled or reversed.
7.5.The User represents and warrants that an Order shall be submitted only after careful consideration, given the irreversible nature of the Transaction once fully or partially fulfilled.
7.6.The User is solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status and risk aversion.
7.7.Tokash cannot be held responsible and/or liable for any malfunction, breakdown, delay or interruption of the Internet connection or any reason why the Site is unavailable at any given time.
7.8.Tokash cannot be held responsible and/or liable for the delay in the processing of payments made by the fault of any third parties, operators of such transactions.
7.9.The User is solely responsible for paying commissions and service fees related to deposits and withdrawals made to and from their Tokash Accounts. They also assume all the risks that accompany the provision of incorrect bank account details or incorrect Wallet address.
7.10. The User represents and warrants that they will withdraw any Cryptocurrency or Fiat money from their Account only to their own Wallets and bank accounts.
7.11.All funding instruments for deposits and withdrawals – such as bank account, credit or debit card, must be named after the Account holder. Otherwise, it would be considered fraud.
7.12.Unverified Users are not allowed to deposit and withdraw any Fiat money from their Accounts.
7.13.The User acknowledges and agrees that Deposit and Withdrawal Transactions in Fiat currency may be delayed due to e.g. bank verifications and checks. Similarly and due to the inherent nature of the cryptocurrency networks, the User acknowledges and agrees that depositing and withdrawing Cryptocurrencies into/from his/her Account may be subject to delays, barring unforeseen or unavoidable network issues.
7.14.Tokash may be forced to cancel or recall already executed Withdrawal Transaction at a request of financial institutions, including but not limited to banks, which are involved in settlement related to deposit and withdrawal of Funds from User`s Accounts. In such cases, the User is obliged to cooperate with Tokash in order to discover the reasons for such request.
7.15.All transactions, such as placing an order, calling back an order, fulfilling of order, deposits and withdrawals, are all reflected in the User’s Tokash Account.
7.16.The information about the transactions is kept and is available by accessing the User’s account during a period of time determined by Tokash.
7.17.Any withdrawals are restricted within 48 hours after 2-Factor Authentication deactivation.
8.Refunds and Chargebacks
8.1.Tokash Users have the right to change their mind and get a refund in case they have already funded their account and to request their funds to be returned.
8.2.Every Refund is treated by Tokash with reasonable care and skill.
8.3.The Refund Policy does not cover any transactions related to buying and selling cryptocurrencies, it solely concerns funding of the User account. If the deposited funds have been used for anyorders, trades, withdrawals, the client is not eligible for a refund.
8.4.Refunds and Returns in excess of the original amount are prohibited.
8.5.All refund requests must be submitted to support@Tokash.io within 48 hours after the transaction is made.
8.6.To prevent fraudulent conduct, all payments and information related to Refund/Return will be thoroughly verified by Tokash. Tokash may request the User to provide certain documents, including, but not limited to, identification documents, copy of the User’s Payment Card and Invoice or/and any other proof of the fact that disputed payment was made. In case the User fails to provide appropriate documents or information within three (3) days upon request or in case of any doubts as to authenticity of provided documents, Tokash shall be entitled to decline the User’s Refund/Return request.
8.7.Tokash shall process the User’s Refund requests as soon as possible. Response times will vary depending on stated reasons for the request and on workload. In any case, Tokash shall notify the User on the outcome of the request within 15 business days after the last request for additional information or documentation. The refund will be processed within 14 business days from the decision to grant the refund/return.
8.8. Tokash expects the Users to contact Tokash first to resolve any problem or issue related to his/her payments before the User makes any Chargeback request. The User must contact Tokash by sending an email to support@Tokash.io.
8.9.Tokash will investigate any Chargeback requests made by the User and in response will inform the User’s Issuing Bank whether any Service or Transaction has been cancelled.
8.10.Tokash reserves the right to suspend User's account and lock User's Funds during the chargeback investigation procedure.
8.11.Any charges, which arise upon processing Refund/Return/Chargeback, shall be borne solely by the User. Such charges will be deducted from the final amount returned to the User.
9.1.All content on this Site is the property of Tokash and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.
9.2.The trademarks, trade names, service marks and logos of Tokash and others used on the Site (hereinafter the “Trademarks”) are the property of Tokash. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belong to Tokash.
9.3.It is prohibited to copy, reproduce, modify, republish, upload, post, transmit, scrape, collect or distribute the Trademarks or any other content on the Site no matter manual or automated, unless it is otherwise intended by Tokash, its Site and/or System. The use of any content from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited, unless it is otherwise intended by Tokash, its Site and/or System; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.
9.4.No rights as well as no Site nor System content are committed to the User as a result of Site and System use or on the conclusion of the present Terms & Conditions.
10. Financial or Legal advice
10.1.For the avoidance of doubt Tokash does not provide any financial, investment or legal advice in connection with the Services provided by Tokash. Tokash may provide information on the price, range, volatility of Cryptocurrencies and events that have affected the price of Cryptocurrencies, but it should not be considered as an investment or financial advice and should not be construed as such.
10.2.Any decision to buy or sell Cryptocurrencies is the User’s decision and Tokash cannot be held liable for any loss suffered.
11.1.The User undertakes to pay all his/her taxes and duties, which can be resulted from the use of Tokash Services and should be paid according to the User’s state of residence regulations.
11.2.Tokash does not hold any responsibility for any violation made by the User due to their obligation to calculate and pay taxes and duties.
12.1.The User agrees to pay Tokash the Transaction fee for each completed Transaction.
12.2.Prior to trading, the User must consider the Transaction fee rates published on the fee schedule page.
12.3.Tokash reserves the right to change the Transaction fee rates from time to time publishing updates on the Fee Schedule page.
12.4.The transaction fee may vary and may be different for each individual account. The Transaction fee, other charges, as well as the charge procedure can be changed/reviewed unilaterally by Tokash from time to time and such changes shall become effective the moment they are posted on the Site.
13. Prohibited and Illegal Uses
13.1.Tokash reserves the right to suspend or terminate any User Tokash Account, to report to relevant law enforcement authorities and to confiscate any available funds or cryptocurrencies available in the User account at any time if we reasonably believe to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.
13.2.It is strictly forbidden to use the Account for any illegal purposes. Tokash will report any suspicious activity to the relevant law enforcement authorities.
13.3.The User shall ensure that they do not use the Services for any transactions with regards to any services offered by Tokash relating to:
13.3.1.money laundering, terrorist financing, proliferation of weapons of mass destruction;
13.3.3. any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organisations glorifying war or violating human dignity;
13.3.4.any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
13.3.6.drugs, narcotics or hallucinogens;
13.3.7.weapons of any kind;
13.3.8.illegal gambling services;
13.3.9.Ponzi, pyramid or any other “get rich quick” schemes;
13.3.10.goods that are subject to any trade embargo;
13.3.11.media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;13.3.12.body parts or human remains;
13.3.13.protected animals or protected plants;
13.3.14.weapons or explosive materials; or
13.3.15.any other illegal goods, services or transactions.
13.4.The USER further agrees not to:
13.4.1.Use Tokash services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
13.4.2.Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
13.4.3.Use or attempt to use another user's account without authorization;
13.4.4.Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
13.4.5.Develop any third-party applications that interact with our Services without our prior written consent;
13.4.6.Provide false, inaccurate, or misleading information; and
13.4.7.Encourage or induce any third party to engage in any of the activities prohibited under this Section.
14.Availability of services
14.1.All Services are provided “AS IS”, without guarantees of any kind, either expressed or implied.
14.2.Although Tokash does its best to keep the Site up and running, all online services suffer from occasional disruptions and outages and Tokash is not liable for any disruption or loss the User may suffer as a consequence. Thus, Tokash does not provide any guarantees that access to the Site will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
14.3.We will take reasonable endeavours to ensure that the User can normally access the Site in accordance with the Terms & Conditions. Tokash may suspend use of the Site for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in case of emergencies.
14.4.If Tokash is unable to perform the Services outlined in the Terms & Conditions due to Force Majeure events or any other factors beyond our control, change of law or change in sanctions policy, Tokash cannot be held responsible to the User with respect to the Services provided hereunder and for a time period coincident with the event.
15.Termination and Discontinuance of services
15.1.Tokash reserves the right, in our sole discretion and without any liability to any User of Tokash Website or Services, with or without prior notice and at any time, to modify, change, discontinue or terminate, temporarily or permanently, fully or partially any of our Services.
15.2.In the event of termination, Tokash will attempt to return any Funds stored in the User Account not otherwise owed to Tokash, unless Tokash believes you have committed fraud, negligence or other misconduct.
16.APIs and Widgets
16.1.Tokash may provide certain parties with access to specific data and information through our API (Application Programming Interface) or widgets.
16.2.Tokash also may provide widgets for your use to enter our data on your Site.16.3.The User is free to use these in their original unmodified and un-altered state.
17.1.The Tokash Site may contain external links to third party websites on the Internet network. Tokash does not have any control on these external websites and their content is not checked against any criteria whatsoever (e.g. authenticity, completeness, legality etc.).
17.2.Tokash is not to be held liable or responsible for any of these external websites, which are linked from the Tokash website with regards to the information, expressed opinions, advice or statements, advertising materials, the accessibility and any possible consequences of use of these third parties’ sites, such as damages, losses, failures, and problems. You are solely responsible.
18.1.Sending not encrypted email messages over the Internet network is not secure and Tokash cannot be held liable or responsible for any damages, losses or problems that might have arisen as a result of sending or receiving such emails.
19.1.The Terms & Conditions shall be governed and construed in accordance with the laws of New Jersey. The parties hereto agree to irrevocably submit to the exclusive jurisdiction of the courts of New Jersey.
20.Limitation of liability
20.1.To the extent permitted by law, neither Tokash, nor Tokash’ directors, members, employees, agents, affiliates, partners in joint ventures, suppliers or distributors will be held liable for any loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, or any indirect, special, exemplary or consequential damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with authorized or unauthorized use of the Tokash site or the Tokash services, or the present Terms & Conditions.
Please note that some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation may not apply to you.
20.2.Tokash does not make any representations or warranties that access to the site, any part of the Tokash services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. Tokash makes no representations about the accuracy or completeness of historical Digital Currency price data available on the Site. Tokash will take reasonable steps to ensure that requests for electronic debits and credits involving bank accounts, credit/debit cards, and check issuances are processed in a timely manner but Tokash makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of Tokash’ control.
20.3.To the extent permitted by law, Tokash or Tokash directors, members, employees, agents,affiliates, joint venturers, suppliers or distributors’ aggregate liability for claims under no circumstances, whether in contract or tort (including negligence), should exceed the fees paid by you to Tokash in the 12-month period immediately preceding the date of any claim giving rise to such liability.
21.1.By using this Site, you agree to defend, hold harmless and indemnify Tokash and its partners (including but not limited to officers, directors, members, employees, agents and affiliates) from any action, liability, cost, expense, claim, loss, demand, damage suffered or incurred due to your indirect or direct use of, or conduct in connection with, Tokash websites, Tokash services or products, any feedback you provide, your violation of the present Terms & Condition and any other Tokash’ policy, or your violation of any rights of any other person or entity.
21.2.If you must indemnify Tokash, Tokash reserves the right, in its sole discretion, to control any action or proceeding (at Tokash expense) and decide whether to settle it or not.
22.1.The Parties agree to attempt informal resolution prior to any demand for arbitration in order to solve all disputes, differences and claims that can arise out of the execution, termination or cancellation of the present Terms & Conditions.
22.2.The Party that has some claims should send a notification to the other Party describing the arisen claims and/or differences.
22.3.The Party in default on its obligations hereunder shall promptly cure the breach and take due measures to eliminate the consequences. Any dispute arising out of or in connection with these Terms & Conditions (including a dispute regarding the existence, validity or termination of these Terms & Conditions or the consequences of its nullity) shall be referred to and finally resolved in accordance with international legislation, by the International Commercial Court (International Court of Arbitration).
22.4.If any dispute occurs as to the performance or interpretation of the present Terms & Conditions that cannot be resolved amicably or in arbitration the Company is entitled to demand the dispute be settled by the Court in location where Tokash resides.
22.5.Whether the dispute is heard in arbitration or in court, you and Tokash will not commence against the other a class action, class arbitration or representative action or proceeding.
23.Amendments to the Terms & Conditions
23.1.Tokash reserves the right to amend, add, or remove parts of these Terms & Conditions at any time and at its sole discretion. You will be notified of any changes through your Account. Upon such notification, it is your responsibility to review the modified Terms & Conditions.
23.2.Your continued use of the Site following the posting of a notice of changes to the Terms & Conditions signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms & Conditions.If you have any questions with respect to these Terms & Conditions, your rights and obligations arising from these Terms & Conditions and/or your use of the Site and the Services offered by Tokash, your Account or any other matter, please contact support@Tokash.io. We will get back to you in a timely fashion