Moken Terms and Conditions
PLEASE READ THESE MOKEN Platform and Services TERMS OF USE AND MOKEN MINING TERMS OF SERVICE (“Terms”) CAREFULLY BEFORE USING THE THE PLATFORM OR SERVICES DESCRIBED HEREIN. BY SELECTING “I AGREE”, ACCESSING THE PLATFORM, USING MOKEN OR DOWNLOADING OR USING MOKEN MINING SOFTWARE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THESE TERMS, AS AMENDED FROM TIME TO TIME, AND YOU ARE AGREEING TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, OR ANY SUBSEQUENT AMENDMENTS, CHANGES OR UPDATES, DO NOT ACCESS THE PLATFORM, USE MOKEN OR USE THE MOKEN MINING SOFTWARE.
GENERAL
These Terms apply to users of the MOKEN Platform and Services (“Platform”) which are provided to you by Moken Inc., a company organized and existing under the laws of the Delaware, with registered address 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex , hereinafter referred to as “MOKEN, as well as “we” or “us”.
ELIGIBILITY
By using the MOKEN Platform and Services, you represent and warrant that you:
We reserve the right to terminate your access to the MOKEN Platform and Services for any reason and in our sole and absolute discretion. Use of MOKEN Platform and Services is void where prohibited by applicable law.
Depending on your country of residence or incorporation or registered office, you may not be able to use all the functions of the MOKEN Platform or services provided therein. It is your responsibility to follow the rules and laws in your country of residence and/or country from which you access the MOKEN Platform and Services.
DEFINITIONS
MOKEN Platform means a website located on the following web address:www.moken.io.
MOKEN Services mean all services provided by MOKEN, namely the provision of the MOKEN Platform, Payouts to your HELIUM wallet, MOKEN account, MOKEN mobile apps, MOKEN Deployer and Client portal and all other software products, applications and services associated with these products.
MOKEN Account means an online account available on the MOKEN Platform and created by completing the registration procedure on the MOKEN Platform.
MOKEN Clients referred to as “Clients” purchase individual 5G radios which are connected to a 5G hotspot.
5G Miner referred to as “miners” is composed of at minimum one hotspot and at minimum one 5G radio
5G Hotspot means a network routing device which connects to the internet by ethernet cable and connects to multiple 5G radios by POE switch Cat 6 wiring.
5G radio means a network radio that disperses 5G coverage and connects to a Hotspot via POE switch and Cat 6 wiring. A “radio” is the product purchased by a Client.
Moken Deployers referred to as “Deployers” sell their 5G miners on the MOKEN marketplace.
Account holder means an individual or legal entity who completes the registration procedure and successfully creates the MOKEN Account.
Minimum Age means 18 years old or older, if in order for MOKEN to lawfully provide the Services to you without parental consent (including using your personal data).
Blockchain network is a distributed database that is used to maintain a continuously growing list of records, called blocks.
Blockchain Reward means a predetermined amount of a particular Digital Asset attributed to the person first to validate a new block on the Blockchain.
Force Majeure Event means any governmental or relevant regulatory regulations, acts of God, war, riot, civil commotion, fire, flood, or any disaster or an industrial dispute of workers unrelated to you or MOKEN. Any act, event, omission, happening or non-happening will only be considered Force Majeure if it is not attributable to the wilful act, neglect or failure to take reasonable precautions of the affected party, its agents, employees, consultants, contractors and sub-contractors.
SALE AND PURCHASE OF 5G MINERS
Deployers agree to sell and MOKEN agrees to proceed Deployer payments for the provided mining period on the MOKEN marketplace based on the percentage payout agreed upon with you, on the Terms set forth herein. Deployer agrees to maintain the Radios at “acceptable” (green) as defined by the Helium network throughout the length of the agreement with you. If internet speeds fall to “degraded” (orange) or “poor” red, the DEPLOYER agrees to remedy the internet speed back to acceptable (green) within 24 hours. The electric power and/or Internet may have outages from time to time, and during any such outage the Products and/or Service will be unable to operate, Deployer is not obligated to provide Services during any such outages and you nor any affiliates, suppliers or agents shall have any liability whatsoever for any such failure. In such instances, the Deployer is liable to provide to you an analysis as to the reasons why the Radios are offline within 24 hours and, if within Deployer control, remedy action must be taken within that timeframe to ensure the Radios are returned online.
You agree to purchase and MOKEN agrees to process the order on the MOKEN marketplace, on the Terms set forth herein. You agrees to contact Deployer for any support, maintenance or question in regards to the relevant Radio purchased and MOKEN agrees to proceed your payments for the provided mining period on the MOKEN marketplace based on the percentage payout agreed upon with Deployer.
RISK DISCLOSURE
If you choose to use MOKEN Platform and Services, it is important that you remain aware of the risks involved, that you have adequate technical resources and knowledge to bear such risks and that you monitor your transactions carefully.
General risk
You understand that MOKEN Platform and Services, blockchain technology, Bitcoin, all other Digital Assets, proof of coverage concept and other associated and related technologies are new and untested and outside of MOKEN’s control. You acknowledge that there are major risks associated with these technologies. In addition to the risks disclosed below, there are risks that MOKEN cannot foresee and it is unreasonable to believe that such risk could have been foreseeable. The performance of MOKEN’s obligation under these Terms will terminate if market or technology circumstances change to such an extent that (i) these Terms clearly no longer comply with MOKEN’s expectations, (ii) it would be unjust to enforce MOKEN’s obligations in the general opinion or (iii) MOKEN’s obligation becomes impossible.
MOKEN Account abuse
You acknowledge that there is risk associated with the MOKEN Account abuse and that you have been fully informed and warned about it. The funds stored in your Helium Wallet may be disposed of by third parties in the case that a third part gains access, or obtains the Wallet holder's access credentials. The Account holder shall protect his login credentials and his electronic devices where the login credentials are stored against unauthorized access.
Regulatory risks
You acknowledge that there is risk associated with future legislation which may restrict, limit or prohibit certain aspects of blockchain technology which may also result in restriction, limitation or prohibition of MOKEN Services and that you have been fully informed and warned about it.
Risk of hacking
You acknowledge that there is risk associated with hacking MOKEN Services and HELIUM wallet and that you have been fully informed and warned about it. Hacker or other groups, agencies or organizations may attempt to interfere with MOKEN Services, MOKEN Software or HELIUM wallet in any way, including, but not limited to and without limitation, denial of services attacks, Sybil attacks, spoofing, smurfing, malware attacks, mining attacks or consensus-based attacks.
Digital Assets risk
You acknowledge that there is risk associated with the Digital Assets which are used as payment method and that you have been fully informed and warned about it. Digital Assets are prone to, but not limited to, value volatility, transaction costs and times uncertainty, lack of liquidity, availability, regulatory restrictions, policy changes and security risks.
HELIUM wallet risk
You acknowledge that there is risk associated with funds held on the HELIUM wallet and that you have been fully informed and warned about it. You acknowledge that HELIUM wallet is provided by the HELIUM wallet provider and not MOKEN. You acknowledge and agree that MOKEN shall not be responsible for any HELIUM wallet provider’s services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. MOKEN does not assume and shall not have any liability or responsibility to you or any other person or entity for any HELIUM wallet provider’s services. HELIUM wallet provider’s services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to HELIUM wallet provider’s terms and conditions. Since the HELIUM wallet is a Digital Asset wallet all funds held on it are entirely uninsured in contrast to the funds held on the bank account or other financial institutions which are insured.
Connection risk
You acknowledge that there are risks associated with usage of MOKEN Services which are provided through the internet including, but not limited to, the failure of hardware, software, configuration and internet connections and that you have been fully informed and warned about it. You acknowledge that MOKEN will not be responsible for any configuration, connection or communication failures, disruptions, errors, distortions or delays you may experience when using MOKEN Services, however caused.
Mining rewards risks
You acknowledge that there are risks associated with the provisions of the mining rewards provided by the Deployers through the MOKEN marketplace and that you have been fully informed and warned about it. You acknowledge that MOKEN does not provide the mining rewards but only provides the radio marketplace as a service. Deployer’s miners are new and untested and outside of MOKEN’s control. There is a major risk that the miners (i) will stop providing rewards (ii) will provide rewards in an unstable way, (iii) will be wrongly configured or (iv) provide insufficient speed leading to degraded rewards. Miners as hardware could be subject to damage, errors, electricity outage, misconfiguration, connection or communication failures and other malfunctions. MOKEN will not be responsible for the operation of Miners and its provision of rewards. By submitting a 5G radio order you agree to the no-refund policy provided by MOKEN and agree to contact the Deployer for any refund or compensation.
5G radio profitability risk
You acknowledge that there is risk associated with the profitability of the 5G radio and that you have been fully informed and warned about it. You acknowledge that all miner earning estimates and profitability calculations on MOKEN Platform and Services are only for informational purposes and were made based on the historical performance of the 5G miners on the MOKEN Platform and Services. MOKEN does not warrant that your 5G radio would achieve the same profitability or earnings as calculated on MOKEN Platform and Services. There is a risk that your 5G radio would not produce desired coverage points and that your produced rewards would differentiate from the rewards produced by other 5G miners listed on the marketplace. There is a risk that your 5G radio would not be as profitable as other 5G radios listed on the MOKEN marketplace or would not be profitable at all.
WARRANTIES
MOKEN Platform and Services are provided on the “AS IS” and “AS AVAILABLE” basis, including all faults and defects. To the maximum extent permitted by applicable law, MOKEN makes no representations and warranties and you waive all warranties of any kind. Particularly, without limiting the generality of the foregoing, the MOKEN makes no representations and warranties, whether express, implied, statutory or otherwise regarding MOKEN Platform and Services or other services related to MOKEN Platform and Services and provided by third parties, including any warranty that such services will be uninterrupted, harmless, secure or not corrupt or damaged, meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, meet any performance or error free or that any errors or defects can or will be corrected. Additionally MOKEN makes no representations and warranties, whether express, implied, statutory or otherwise of merchantability, suitability, reliability, availability, timeliness, accuracy, satisfactory quality, fitness for a particular purpose or quality, title and non-infringement with respect to any of the Services or other services related to MOKEN Platform and Services and provided by third parties, or quiet enjoyment and any warranties arising out of any course of dealing, course of performance, trade practice or usage of MOKEN Platform and Services including information, content and material contained therein.
Especially MOKEN makes no representations and warranties, whether express, implied, statutory or otherwise regarding any payment services and systems, HELIUM wallet which is provided by third party or any other financial services which might be related to the MOKEN Platform and Services.
You acknowledge that you do not rely on and have not been induced to accept the MOKEN Platform and Services according to these Terms on the basis of any warranties, representations, covenants, undertakings or any other statement whatsoever, other than expressly set out in these Terms that neither the MOKEN nor any of its respective agents, officers, employees or advisers have given any such warranties, representations, covenants, undertakings or other statements.
LIABILITY
MOKEN and their respective officers, employees or agents will not be liable to you or anyone else, to the maximum extent permitted by applicable law, for any damages of any kind, including, but not limited to, direct, consequential, incidental, special or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of MOKEN Services or HELIUM wallet), even if MOKEN has been advised of the possibility (iii) any your rewards of such damages or losses, including, without limitation, from the use or attempted use of MOKEN Platform and Services, HELIUM wallet or other related websites or services.
MOKEN will not be responsible for any compensation, reimbursement, or damages arising in connection with: (i) your inability to use the MOKEN Platform and Services, including without limitation as a result of any termination or suspension of the MOKEN Platform and Services or these Terms, power outages, maintenance, defects, system failures, mistakes, omissions, errors, defects, viruses, delays in operation or transmission or any failure of performance, (ii) the cost of procurement of substitute goods or services, (iii) any your rewards, expenditures, or commitments in connection with these Terms or your use of or access to the MOKEN Platform and Services, (iv) your reliance on any information obtained from MOKEN, (v) Force Majeure Event, communications failure, theft or other interruptions or (vi) any unauthorized access, alteration, deletion, destruction, damage, loss or failure to store any data, including records, private key or other credentials, associated with MOKEN Platform and Services or HELIUM wallet.
Our aggregate liability (including our directors, members, employees and agents), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of MOKEN Platform and Services, or inability to use the Platform and Services under these Terms or under any other document or agreement executed and delivered in connection herewith or contemplated hereby, shall in any event not exceed 100 USD per user.
You will defend, indemnify, and hold MOKEN harmless and all respective employees, officers, directors, and representatives from and against any claims, demand, action, damages, loss, liabilities, costs and expenses (including reasonable attorney fees) arising out of or relating to (i) any third-party claim concerning these Terms, (ii) your use of, or conduct in connection with, MOKEN Platform and Services, (iii) any feedback you provide, (iv) your violation of these Terms, (v) or your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it. If we are obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorney fees, as well as our employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at reasonable hourly rates.
The Services and the information, products, and services included in or available through the MOKEN Platform may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Improvements or changes on the MOKEN Platform can be made at any time.
MOKEN ACCOUNT
The registration of the MOKEN Account is made through the MOKEN Platform, where you are required to enter your email address, phone number and password in the registration form. After successful completion of registration, a confirmation email and/or text message is sent to you. After you validate your email address and/or mobile phone number by clicking on the link in the confirmation email and/or text message, the MOKEN Account is created. MOKEN will send you proof of completed registration once the process is completed.
When you create MOKEN Account, you agree to (i) create a strong password that you change frequently and do not use for any other website, (ii) implement reasonable and appropriate measures designed to secure access to any device which has access to your email address associated with your MOKEN Account and your username and password for your MOKEN Account, (iii) maintain the security of your MOKEN Account by protecting your password and by restricting access to your MOKEN Account; (iv) promptly notify us if you discover or otherwise suspect any security breaches related to your MOKEN Account so we can take all required and possible measures to secure your MOKEN Account and (v) take responsibility for all activities that occur under your MOKEN Account and accept all risks of any authorized or unauthorized access to your MOKEN Account, to the maximum extent permitted by law.
Losing access to your email and/or mobile phone number, registered at MOKEN Platform, may also mean losing access to your MOKEN Account. You may not be able to use the MOKEN Platform or Services, execute withdrawals and other security sensitive operations until you regain access to your email address, registered at MOKEN Platform. If you wish to change the email address linked to your MOKEN Account, we may ask you to complete a KYC procedure for security purposes.
You have the right to use the MOKEN Account only in compliance with these Terms and other commercial terms and principles published on the MOKEN Platform. In particular, you must observe all regulations aimed at ensuring the security of funds and financial transactions.
MOKEN or any of its partners or affiliates are not responsible for the loss of the funds, stored on or transferred from the HELIUM wallet, as well as for the erroneous implementation of the transactions made via HELIUM wallet, where such loss or faulty implementation of the transaction are the result of a malfunction of the HELIUM wallet and the malfunction was caused by you or the HELIUM wallet provider. You are obliged to inform MOKEN in case of loss or theft, as well as in the case of any possible misuse of the access data to your MOKEN Account, without any delay, and demand change of access data or closure of your existing MOKEN Account and submit a request for new access data. MOKEN will execute the change of access data or closure of the MOKEN Account and the opening of a new MOKEN Account as soon as technically possible and without any undue delay.
All information pertaining to registration, including a registration form, generation of HELIUM wallet and detailed instructions on the use of the MOKEN Account and HELIUM wallet are available at MOKEN Platform. The registration form as well as the entire system is properly protected from unwanted interference by third parties.
SELLING 5G RADIO AND THE PROVISION OF 5G RADIO
In order to submit the 5G radio to the MOKEN marketplace the Deployer must first send his hotspot to the MOKEN Helium Wallet. Deployer is solely responsible for configuration of his 5G miner.
Deployer provider gets paid by MOKEN on your behalf based on the agreed upon percentage with Deployer and based on the rewards your miner has produced. Once the miner is approved by MOKEN, online and listed for sale, the Deployer is entitled to receive the payment for his work. MOKEN logs all approved miners which were submitted by the Deployer. The Deployer receives the payments of his miner on to his HELIUM wallet. The payments are made weekly on a periodic basis. MOKEN reserves the right to hold the payments any time and for any reason by indicating the reason, especially if the payments represent smaller values. MOKEN reserves the right to change this payment policy according to the provisions to change these Terms at any time for any reason.
All miner earnings and profitability calculations on MOKEN Platform are only for informational purposes. MOKEN does not warrant that your miner would achieve the same profitability or earnings as calculated on MOKEN Platform. You hereby acknowledge that it is possible that your 5G miner would not be as profitable as indicated in our informational calculations or would not be profitable at all.
The Deployer agrees to pay the applicable processing fee to MOKEN for provided Services. The MOKEN’s fees are deducted from all the payments made to the Deployer for his provided work.
MOKEN will attempt, on a commercially reasonable basis, to execute the provision of Deployers on the marketplace under these Terms according to the best-effort delivery approach. In this respect MOKEN does not guarantee that the radio will actually be delivered or verified and does not guarantee any quality of the Deployer Services.
Deployer may disconnect the miner from the MOKEN marketplace any time as long as it is not sold. MOKEN reserves the right to refuse any miner once it has been sent to the MOKEN HELIUM wallet.
RESTRICTIONS
When accessing the MOKEN Platform and Services or using the Services or HELIUM wallet, you warrant and agree that you:
In case of any of the above mentioned events, MOKEN reserves the right to immediately suspend or terminate your MOKEN Account, freeze or block the funds in the HELIUM wallet, and suspend your access to MOKEN Platform, particularly if MOKEN believes that such MOKEN Account is in violation of these Terms or Privacy Policy, or any applicable laws and regulation. In the event of termination, MOKEN will attempt to return any Digital Assets stored in your MOKEN Account not otherwise owed to MOKEN, unless the Digital Assets were obtained through fraud, negligence, other misconduct or violation of these Terms.
RIGHTS AND OBLIGATIONS
In the event of disputes with you, MOKEN is obliged to prove that the MOKEN service which is the subject of the dispute was not influenced by technical or other failure. You will have the possibility to check at any time, subject to technical availability, the transaction details, statistics and available balance of the funds processed through your MOKEN Account.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided to you or the public through the MOKEN Platform and Services.
We may, in our sole discretion, at any time, for any or no reason and without liability to you, with prior notice (i) terminate all rights and obligations between you and MOKEN derived from these Terms, (ii) suspend your access to all or a portion of MOKEN Services, HELIUM wallet and its related services or any portion thereof and delete or deactivate your MOKEN Account and all related information and files in such account (iii) modify, suspend or discontinue, temporarily or permanently, any portion of MOKEN Platform and Services or (iv) provide enhancements or improvements to the features and functionality of the MOKEN Platform and Services, which may include patches, bug fixes, updates, upgrades and other modifications. Any such change may modify or delete certain portion, features or functionalities of the MOKEN Services. You agree that MOKEN has no obligation to (i) provide any updates, or (ii) continue to provide or enable any particular portion, features or functionalities of the MOKEN Services to you. You further agree that all changes will be (i) deemed to constitute an integral part of the MOKEN Platform and Services, and (ii) subject to these Terms.
In the event of your breach of these Terms, including but not limited to, for instance, in the event that you breach any term of these Terms, due to legal grounds originating in anti-money laundering and know your client regulation and procedures, or any other relevant applicable regulation, all right and obligations between you and MOKEN derived from these Terms terminate automatically if you fail to comply with these Terms within the notice period of 8 days after you have been warned by MOKEN about the breach and given 8 days period to cure the breaches. MOKEN reserves the right to keep these rights and obligations in force despite your breach of these Terms.
In the event of termination, MOKEN will attempt to return you any funds due to you not otherwise owed to MOKEN, unless MOKEN believes you have committed fraud, negligence or other misconduct. You acknowledge that the MOKEN Services may be suspended for maintenance.
Technical information about the 5G radio transactions, including information about chosen locations, your business or activities, including all financial and technical information, specifications, technology together with all details of prices, current transaction performance and future business strategy represent confidential information and trade secrets. MOKEN shall, preserve the confidentiality of all before mentioned information and shall not disclose or cause or permit to be disclosed without your permission any of these information to any person save to the extent that such disclosure is strictly to enable you to perform or comply with any of your obligations under these Terms, or to the extent that there is an irresistible legal requirement on you or MOKEN to do so; or where the information has come into the public domain otherwise than through a breach of any of the terms of these Terms. MOKEN shall not be entitled to make use of any of these confidential information and trade secrets other than during the continuance of and pursuant to these Terms and then only for the purpose of carrying out its obligations pursuant to these Terms.
DISCONTINUATION OF HOSTING SERVICES
You have the right to discontinue your hosting service upon expiration of your subscription plan, expiration of the hosting term or in full payment of your radio. Only under those circumstances may you may request that the radio be sent to you. However, note that you will be responsible for all associated costs, including but not limited to shipping, handling, taxes and duties, and dismantling costs associated with your 5G radio. We will initiate the shipment process within three (3) weeks of receiving your request. Please be aware that actual delivery times may vary depending on various factors.
If you wish to terminate the hosting service and have your radio shipped back to you under one of the circumstances mentioned above, contact us atsupport@moken.io. We will be happy to assist you with the necessary arrangements and provide you with any additional information you may require regarding the process.
INTELLECTUAL PROPERTY
MOKEN retains all copyright and other intellectual property rights, including inventions, discoveries, knowhow, processes, marks, methods, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyrights or patents based thereon over all content and other materials contained on MOKEN Platform or provided in connection with the Services, including, without limitation, the MOKEN logo and all designs, text, graphics, pictures, information, data, software, source code, as well as the compilation thereof, sound files, other files and the selection and arrangement thereof. This material is protected by international copyright laws and other intellectual property right laws, namely trademark. These Terms shall not be understood and interpreted in a way that they would mean assignment of copyright or other intellectual property rights, unless it is explicitly defined so in these Terms.
MOKEN hereby grants you a limited, nonexclusive and non-sublicensable license to access and use MOKEN’s copyrighted work and other intellectual property for your personal or internal business use. Such license is subject to these Terms and does not permit any resale, the distribution, public performance or public display, modifying or otherwise making any derivative uses, use, publishing, transmission, reverse engineering, participation in the transfer or sale, or any way exploit any of the copyrighted work and other intellectual property other than for their intended purposes. This granted license will automatically terminate if MOKEN suspends or terminates your access to the Services or closes your MOKEN Account.
MOKEN will own exclusive rights, including all intellectual property rights, to any feedback including, but not limited to, suggestions, ideas or other information or materials regarding MOKEN Services or related products that you provide, whether by email, posting through our MOKEN Platform, MOKEN Account or otherwise and you irrevocably assign any and all intellectual property rights on such feedback unlimited in time, scope and territory. Any Feedback you submit is non-confidential and shall become the sole property of MOKEN. MOKEN will be entitled to the unrestricted use, modification or dissemination of such feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You waive any rights you may have to the feedback. We have the right to remove any posting you make on MOKEN Platform if, in our opinion, your post does not comply with the content standards defined by these Terms.
PRIVACY POLICY
Please refer to our MOKEN Privacy Policy published on the MOKEN Platform for information about how we collect, use and share your information, as well as what options you have with regards to your personal information.
COMMUNICATION AND SUPPORT
You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures that MOKEN provides in connection with your MOKEN Account or use of the MOKEN Platform Services. You agree that MOKEN may provide these communications to you by posting them via the MOKEN Account or by emailing them to you at the email address you provide. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
It is your responsibility to keep your email address updated in the MOKEN Account so that MOKEN can communicate with you electronically. You understand and agree that if MOKEN sends you an electronic communication but you do not receive it because your email address is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, it will be deemed that you have been provided with the communication. You can update your MOKEN Account preferences at any time by logging into your MOKEN Account. If your email address becomes invalid such that electronic communications sent to you by MOKEN are returned, MOKEN may deem your account to be inactive and close it.
You may give MOKEN a notice under these Terms through support located on the MOKEN Platform. All communication and notices pursuant to these Terms must be given in English language.
FEES
MOKEN reserves the right to change these fees according to the provisions to change these Terms at any time for any reason. The changed fees will apply only for the Services provided after the change of the fees.
You authorize us, or our designated payment processor, to charge or deduct your MOKEN Account for any applicable fees in connection with the transactions completed via the Services.
TAX
It is your responsibility to determine what, if any, taxes apply to the transactions you complete or services you provide via the MOKEN Platform, it is your responsibility to report and remit the correct tax to the appropriate tax authority and all your factual and potential tax obligations are your concern. You agree that MOKEN is not in any case and under no conditions responsible for determining whether taxes apply to your transactions or services or for collecting, reporting, withholding or remitting any taxes arising from any transactions or services. You also agree that MOKEN is not in any case and under no conditions bound to compensate for your tax obligation or give you any advice related to tax issues.
All fees and charges payable by you to MOKEN are exclusive of any taxes, and shall certain taxes be applicable, they shall be added on top of the payable amounts. Upon our request, you will provide to us any information that we reasonably request to determine whether we are obligated to collect VAT from you, including your VAT identification number. If any deduction or withholding is required by law, you will notify MOKEN and will pay MOKEN any additional amounts necessary to ensure that the net amount received by MOKEN, after any deduction and withholding, equals the amount MOKEN would have received if no deduction or withholding had been required. Additionally, you will provide MOKEN with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.
FINAL PROVISIONS
Natural persons and legal entities that are not capable of holding legal rights and obligations are not allowed to create a MOKEN Account and use the MOKEN Platform or other related services. If MOKEN becomes aware that such natural person or legal entity has created the MOKEN Account or has used MOKEN Services, MOKEN will delete such MOKEN Account and disable any Services and block access to MOKEN Account and MOKEN Services to such natural person or legal entity.
If you register to use the MOKEN Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.
These Terms do not create any third-party beneficiary rights in any individual or entity.
These Terms form the entire agreement and understanding relating to the subject matter hereof and supersede any previous and contemporaneous agreements, arrangements or understandings relating to the subject matter hereof to the exclusion of any terms implied by law that may be excluded by contract.
If at any time any provision of these Terms is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of every other provisions will not in any way be impaired. Such illegal, invalid or unenforceable provision of these Terms shall be deemed to be modified and replaced by such legal, valid and enforceable provision or arrangement, which corresponds as closely as possible to our and your will and business purpose pursued and reflected in these Terms.
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
No failure to enforce nor delay in enforcing, on our side to the Terms, any right or legal remedy shall function as a waiver thereof, nor shall any individual or partial exercise of any right or legal remedy prevent any further or other enforcement of these rights or legal remedies or the enforcement of any other rights or legal remedies.
MOKEN reserves the right to make changes, amendments, supplementations or modifications from time to time to these Terms and of any fees and compensations policies, in its sole discretion and for any reason. We suggest that you review these Terms periodically for changes. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice on the MOKEN Platform, placing a popup window after login to the MOKEN Account or by posting the amended Terms on the MOKEN Platform and updating the date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting for any new users of the MOKEN Services. In all other cases, the amended Terms will become effective for pre existing users upon the earlier of either: (i) the date users click or press a button to accept such changes in their MOKEN Account, or (ii) continued use of MOKEN Services 30 days after MOKEN provides notice of such changes. Any amended Terms will apply prospectively to use of the MOKEN Services after such changes become effective.
The notice of change of these Terms is considered as notice of termination of all rights and obligations between you and MOKEN derived from these Terms with notice period of 30 days, if you do not accept the amended Terms. If you do not agree to any amended Terms, (i) the agreement between you and MOKEN is terminated by expiry of 30 days period which starts after MOKEN provides you a notice of change of these Terms, (ii) you must discontinue using MOKEN Services and (iii) you must inform us regarding your disagreement with the changes and request closure of your MOKEN Account. If you do not inform us regarding your disagreement and do not request closure of your MOKEN Account, we will deem that you agree with the changed Terms. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of MOKEN. MOKEN may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
These Terms shall be governed by and construed and enforced in accordance with the Laws of the Cayman Islands, and shall be interpreted in all respects as a Cayman Islands contract. Any transaction, dispute, controversy, claim or action arising from or related to your access or use of the MOKEN Platform and Services or these Terms of Service likewise shall be governed by the Laws of the Cayman Islands, exclusive of choice-of-law principles.
The rights and remedies conferred on MOKEN by, or pursuant to, these Terms are cumulative and are in addition, and without prejudice, to all other rights and remedies otherwise available to MOKEN at law.
MOKEN may transfer its rights and obligations under these Terms to other entities, which includes NextConception inc or other parent or sister company, or any other firm or business entity that directly or indirectly acquires all or substantially all of the assets or business of MOKEN inc If you do not consent to any transfer, you may terminate this agreement and close your MOKEN Account.
These Terms are not boilerplate. If you disagree with any of them, believe that any should not apply to you, or wish to negotiate these Terms, please contact MOKEN and immediately navigate away from the MOKEN Platform and Services. Do not use the MOKEN Platform and Services until you and MOKEN have agreed upon new terms of service.