Token: Money Magnet
TERMS & CONDITIONS
TERMS AND CONDITIONS OF USE
This ‘Token Money Magnet’ (TMM) (‘Application’) Terms and Conditions of Use’, contains terms and conditions (“Application Terms”) that constitute a legally binding agreement by and between, Kalp Decentra Foundation, a not for profit organization incorporated under the laws of Delaware, having its registered office at Delaware, USA (hereinafter referred to as the “Foundation “or “we”) and each end user (which includes a visitor/surfer) (“You”, “you” or “user”) of the Application available at [*] or such other URL (“Site”) as may be designated by the Foundation from time to time.
THESE APPLICATION TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THE FOUNDATION.
BY ACCESSING THE APPLICATION OR BY SUBMITTING A REQUEST TO UPLOAD, DISPLAY, VIEW, HAVE TIME STAMPED, ACCESS ANY ASSET ON OUR APPLICATION, YOU ARE DEEMED TO HAVE READ, ACCEPTED, EXECUTED AND AGREED TO BE BOUND BY THESE APPLICATION TERMS AND THE OTHER TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY PROVISION OF THIS APPLICATION TERMS, YOU SHALL NOT USE/ACCESS THE APPLICATION IN ANY MANNER.
1. TOKEN: MONEY MAGNET
1.1 Token: Money Magnet is a ground-breaking educational series decoding tokenization, its benefits, impacts, and regulatory adoption around the world. This first of its kind, 10-episode series will highlight the shift in the paradigm in global markets with this new phenomenon, in conversation with thought leaders. The show will explain tokenization process step-by-step, regulatory activism, stakeholders, implications, and industry impact. The series is an effort to democratize and strategize tokenization.
1.2 The Foundation operates an Application in collaboration with WION news channel based on Distributed Ledger Technology (DLT) designed by the Foundation to promote user engagement and web3 content through incentivized social media interactions.
1.3The Application has been made available solely for the people who have registered on the Application as users by satisfying the eligibility criteria detailed under Clause 2. (“Eligibility Criteria”)
1.4 The Foundation and WION have developed this Application where Registered Users can earn points by completing tasks such as liking, sharing, and retweeting content of TMM on supported Applications like X, YouTube (“Social Media”).
1.5When you complete tasks on our app, you improve your score which will reflect your engagement as a community member and be highlighted on a leaderboard.
1.6The interaction between the Registered Users on the Application would be governed by the policies of the Foundation and in case of any dispute arising on Application Terms and Conditions, the decision of the Foundation shall be binding on all the parties.
2. ELIGIBILITY CRITERIA
2.1 By accessing the Application, you agree and warrant that:
(i) You are at least 18 years old;
(ii) You are capable of entering and authorized to enter into a legally binding agreement;
(iii) All information that you post on the Application or provide to us is true and accurate;
(iv) You have the authority and capability to enter into this agreement and to abide by all the provisions of these Application Terms;
(v) You are not impersonating any person or entity;
(vi) You are not subject to any financial sanctions, embargoes or other restrictive measures imposed by the UK Treasury, US Office of Foreign Assets Control (OFAC), United Nations Security Council, European Union, any EU country. or any governmental or inter country authority (“Sanctions”);
(vii) You are not currently suspended or banned by the Foundation from accessing the Application;
(viii) You are not a politically exposed person;
(ix) The jurisdiction in which you are situated does not prohibit you from using the Application;
(x) You are compliant of all the applicable laws which includes but are not limited to money laundering laws, taxation laws, securities laws, competition laws, foreign exchange laws and anti-terrorism laws.
2.2Kindly note that if a user is an entity and not an individual, such user warrants that it as an entity and all the stakeholders (shareholders, directors, ultimate beneficial owners) in their individual capacity, are eligible to access the Application based on the above-mentioned criteria and the individual accessing the Application on behalf of such entity is authorized to do so by the entity who is the ultimate user.
2.3 A user below the age of 18 is not permitted to access the Application.
3.REGISTERED USER’S ACCOUNT
3.1An account shall be created on the Application for every Registered User after successfully completing all the On-Boarding Process (“Account”).
3.2 By registering on the Application you understand that the Foundation reserves the right, in its sole discretion, to deny you access to this Application or any portion thereof without notice for the following reasons:
(i) any unauthorized access or use by you;
(ii) if you violate any provision of the Foundation’s policies which includes this Application Terms, Privacy Policy;
(iii) a direction from any governmental authority;
(iv) if the Foundation is of the opinion that your Account is being used for immoral or unlawful purposes; or
(v) you fail to adequately response to the Foundation’s intimations or queries raised with respect to your Account.
3.3If you feel the security of your Account and/or the Wallet has been compromised, you shall immediately report it to us at help@tokenmoneymagnet.com. The Foundation bears no responsibility or liability for any unauthorized access or use of the Account or any loss or damage arising out of, or in relation to such unauthorized access or use.
4.THIRD PARTY SERVICES
4.1Certain services on the Application may display, include or make available content, data, information, applications, or materials from third parties ("Third Party Materials") or provide links to certain third-party websites. By using Application, you acknowledge and agree that the Foundation is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites
4.2 Foundation and its officers, affiliates, and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. The use of such third-party services shall be strictly in accordance with the respective terms and conditions of such third parties.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Unless otherwise stated by the Foundation, the Site, Application all content, and other materials contained therein, including, without limitation, the logo, and all designs, text graphics, pictures, information, data, software, and files relating to the Application (“Our Content”) are the proprietary property of the Foundation or our affiliates, licensors, or users, as applicable.
5.2 The Foundation and WION logo or any Application product or service names, logos, or slogans that may appear on the Site or elsewhere are the proprietary property of the Foundation and may not be copied, imitated or used, in whole or in part, without our prior written permission. Unless otherwise stated, you may not use Our Content without our express written permission. .
6.COMPLAINTS TO THE GRC
6.1 We, as a Foundation, value the importance of an efficient dispute redressal mechanism and as such have established a GRC to address and adjudicate on the complaints and feedback of our users. If you ever feel that an Application violates any of the conditions stipulated under Clause 7.1 of these Application Terms, please feel free to file a complaint with all the relevant facts, evidence, supporting documents and materials to the GRC. Such a complaint shall be sent by email on the [grievance@tokenmoneymagnet.com].
6.2 Pursuant to the fair adjudication, the GRC shall pass a final order and if in its opinion the violation is established, we reserve the right to deletion of Account deletion/ ban such and if the case of violation is made against a user who is a repeated violator, his Account may be permanently blocked.
6.3 The decision of the GRC in such matter shall be final and binding on the concerned parties.
7.FORBIDDEN ACTIONS
7.1In pursuance of your using the Application, you affirm that you will not:
(i) Supply any information which is inaccurate, erroneous or misleading.
(ii) Be a part of any transaction that involves any illegal activity.
(iii) Try to deliberately defraud (or assist to defraud) the Foundation or any of its users or suppliers.
(iv) Contravene (or assist anyone in contravening) any law, ordinance, statute, rules or regulations that are in force and are applicable to you.
(v) Infringe the intellectual property rights or the privacy of the Foundation, users, its suppliers, or any third party.
(vi) Try to reverse engineer, de compile, disable, copy, or disrupt the integrity or the performance of the Application.
(vii) Use the Application in order to build a competitive product or service or take any ideas, features, or media from the Application for the same.
7.2 Enforcement: By using the services of the Foundation, you agree that the Foundation reserves the right to probe any violation of any of the terms and conditions mentioned in the Foundation. If found guilty of violation, the Foundation also has the right to take appropriate actions under appropriate regulations without your consent or prior intimation.
8.ASSUMPTIONS OF RISK
8.1. General Assumptions of Risk:
(i) The Foundation will not be liable for any loss of any kind from any action taken or taken in reliance on material or information contained on the Application. The Foundation does not represent or warrant that any content on the Application is accurate, complete, reliable, current or error-free.
(ii) The Foundation declares that the applicable regulatory landscape governing blockchain technologies, cryptocurrencies and other digital assets is uncertain and the issuance of new regulations, directions, judgements, adaptations by the legal authorities may have an adverse impact on the functioning and development. The Foundation shall not be responsible for any legal action or loss that you suffer due to your use of Application.
(iii) The Foundation makes no warranty that the services provided through the Application will meet your requirements, or that the Application will be uninterrupted, timely, secure, or error free.
(iv) Under no circumstances, the operation of all or any portion of the Application will be deemed to create a relationship that includes the provision or tendering of an investment advice.
9. AMENDMENT TO THIS POLICY
Any changes to be made to these Application Terms will be effective once published on the Application/Site or upon release to the users of Application. Your continuous use of the Application or the services available therein is considered your acceptance of such amended terms. If you do not agree to any amendments in these Application Terms, you must stop using the Application effective immediately. A frequent viewing of these Application Terms is recommended for a better understanding of the Application that apply to access and use of the Application.
10. PROHIBITION OF USE
UPON THE ACCESS AND USE OF THE APPLICATION, YOU REPRESENT AND CONFIRM THAT YOU ARE NOT A PART OF ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), ETC. THE FOUNDATION RESERVES THE RIGHT TO DECIDE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR PROHIBIT, AS PER DISCRETION, THE USE OF THE APPLICATION IN CERTAIN COUNTRIES OR REGIONS.
11.DISCLAIMER
11.1THIS APPLICATION IS PROVIDED BY THE FOUNDATION ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS APPLICATION OR THE INFORMATION, CONTENT INCLUDED ON THIS APPLICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS APPLICATION IS AT YOUR SOLE RISK. THE FOUNDATION RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS APPLICATION AT ANY TIME IN ITS DISCRETION.
11.2YOU AGREE THAT YOUR USE OF THE APPLICATION SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF.
11.3 WE HAVE EXERTED REASONABLE EFFORTS TO ENSURE THAT ALL INFORMATION PUBLISHED ON THE APPLICATION IS ACCURATE AT THE TIME OF POSTING; HOWEVER, THERE MAY BE ERRORS IN SUCH INFORMATION FOR WHICH WE SHALL HAVE NO LIABILITY. WE RESERVE THE RIGHT TO REMOVE OR ALTER ANY OF THE INFORMATION CONTAINED ON THE APPLICATION AT OUR SOLE DISCRETION.
11.4 WE SHALL MAKE BEST ENDEAVOURS TO ENSURE THAT THE SERVICES PROVIDED ON THE APPLICATION ARE ERROR-FREE AND SECURE, HOWEVER, NEITHER THE FOUNDATION NOR ANY OF ITS PARTNERS, LICENSORS OR ASSOCIATES MAKES ANY WARRANTY THAT (I) THE APPLICATION WILL MEET USERS' REQUIREMENTS; (II) APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (III) THE QUALITY OF THE APPLICATION, INFORMATION, OR OTHER MATERIAL THAT USERS OBTAIN THROUGH THE APPLICATION WILL MEET USERS' EXPECTATIONS.
11.5TO THE EXTENT PERMITTED BY LAW, THE FOUNDATION SHALL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER ARISING FROM OR RELATING TO THESE APPLICATION TERMS, THE APPLICATION, OUR CONTENT OR THIRD-PARTY MATERIALS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.6TO THE FULLEST EXTENT PERMISSIBLE BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE APPLICATION TERMS, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE FOUNDATION EXCEED USD 1000
12.COMPLIANCE
12.1 You are responsible solely for making sure that your use of the Application is compliant with all laws, rules and regulations applicable to you.
12.2 Your right to access the services is automatically revoked where its use is prohibited or to the extent that the offering of the services on the Application violates any law, rule or provision applicable to you.
13.LICENSE
Subject to compliance with these Application Terms and the applicable laws, the Foundation grants you a non-transferable, nonexclusive, revocable and limited license to use and access the Application for your personal purposes. This license is given explicitly for you to use the services provided on the Application of the Foundation. The Foundation shall revoke this license if there is any unauthorized use of the license
14.PRIVACY POLICY
14.1 We respect the privacy of every individual and endeavor to establish best practices while processing personal data which is collected, transferred, collated, accesses by us
14.2 At the time of your registration/sign-up and during your use of our Application/Site, we collect data, information which may be personal or sensitive personal data. The information is processed according to the category of data and in compliance with the applicable data privacy laws.
14.3Any information that is collected by us is used for a specific and legal purpose in accordance with our Privacy Policy available at [*].
15. MODIFICATION
The Foundation reserves the right at any time to change, suspend, or discontinue the Application in whole or in part with or without notice to the users. You agree that the Foundation will not be liable to you for any such act.
16. INDEMNIFICATION
16.1 You shall at your own expense indemnify and defend the Foundation from any action brought against the Foundation to the extent that such action is based on a claim that any aspect of any third-party patents, copyrights, or other intellectual property rights.
16.2 You shall fully indemnify, defend and hold harmless the Foundation its affiliates and its employees and directors, from and against any and all liability, claims, demands, actions, damages, costs, expenses, proceedings or investigations, whether judicial or administrative in nature, and/or other losses of any kind whatsoever (including, without limitation, reasonable attorneys' fees) (hereinafter referred to as the “Claims”), of whatever type and nature which shall be caused (directly or indirectly) by, arise out of, or in any manner be connected with the following
17. ARBITRATION CLAUSE
17.1 All or any disputes, controversy or claim, arising out or touching upon or in relation to the Application Terms, including the interpretations and validity of the terms hereof and respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through Arbitration of a sole Arbitrator appointed mutually by the Parties administered by the Singapore International Arbitration Centre in accordance with the Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by the reference of the clause.
17.2 The Seat and Venue of the Arbitration shall be in Singapore, and the arbitration shall be conducted in English language.
18. MISCELLANEOUS
18.1 Waiver: The remedies herein reserved shall be cumulative, and in addition to any other remedies provided at law or equity. Any failure by the Foundation to enforce or insist upon strict compliance with any provision of these Application Terms shall not be deemed to constitute a waiver of rights to demand strict compliance with the terms hereof. No waiver of any term or condition of these Application Terms shall be deemed or construed to be a waiver of any subsequent such term or condition in the future.
18.2 Severability: Each of the provision of these Application Terms is separate and severable from the other. Any provision which is invalid or unenforceable, shall be ineffective to the extent of such invalidity or unenforceability, without affecting in any way the remaining provisions hereof.
18.3 Entire Agreement: These Application Terms and the terms and conditions set out in these Application Terms by reference, constitute the entire agreement between the user and the Foundation with respect to the subject matter hereof.