Wallet

  • Terms of service

    Term of Service

    Introduction – Welcome to the User Agreement (hereinafter “Agreement” or “Terms and Conditions”), effective upon the date of electronic acceptance (the “Effective Date”), pertains to the use of TenX (the “Platform”), an Internet application fully owned by TenX Pte. Ltd. (The “Company”), a Singapore based corporation with registration number 201525701M. The provisions of this Agreement will govern your use of our Site (as defined below) and of our Services (as defined below), and you should therefore take some time to read the Agreement carefully. The purpose of the Site and Services is to provide our users with a payment service whereby users may use certain virtual currencies (the “Payment”). The Payment does not issue such virtual currencies to its users; rather, the Payment merely provides a services for users to conveniently use their existing virtual currencies to buy goods and services. Should you have any questions or comments regarding our Site or Services, please feel free to contact us at: team@tenx.tech.com.

    Legal Jurisdiction

    You expressly agree that any claim or dispute arising from your use of our website and/or our services will be governed by the laws of Singapore without regard to the conflict of law provisions thereof. You further agree that any such claims or disputes shall be resolved in Singapore courts, and you agree to be subject to the personal jurisdiction in, and the exclusive venue of, such courts and waive any objection to such jurisdiction and venue for the purpose of litigating any such claim or dispute.

    PART 1: GENERAL USE

    By signing up to use the TenX Account through the TenX website located at tenx.texh, the TenX API, and/or any associated TenX-hosted websites or mobile applications (collectively the “TenX Site”), you agree to comply with and be legally bound by this Agreement. If you do not agree to any of the terms set forth in this Agreement, or any subsequent modification to the Agreement, you may not access or use any of the TenX Services and must cancel your TenX Account, free of charge, in the manner set forth below.

    We may amend or modify this Agreement by posting on the TenX Site or emailing to you the revised Agreement. Any revised Agreement shall be effective immediately upon your express approval, or one month after the date of posting except where the changes and modifications are required by law or on the instruction of a competent governmental agency. By continuing to access or use the TenX Services once the revised Agreement is effective, you agree to be bound by the Agreement. We may (a) modify or discontinue any portion of the TenX Services, and (b) suspend or terminate your access to the TenX Services, at any time, and from time to time, without notice to you in certain, limited circumstances described herein. You agree that we shall not be liable to you or any third party for any modification or termination of the TenX Services, or suspension or termination of your access to the TenX Services, except to the extent otherwise expressly set forth herein.

    To be eligible to use the TenX Services, you must be at least 18 years old (or the applicable age of majority and contractual capacity). By accessing or using the TenX Services you represent and warrant that you are 18 or older. You may also be eligible to use the TenX Services if you are at least 13 years old, but only if your parents provide express written consent. Parental consent for use of the TenX Services by an individual who is at least 13 years old must be forwarded to support@tenx.texh.

    Please note the following risks of using TenX Services:

    • Once submitted to the Bitcoin network, a Bitcoin Transaction (defined below) will be unconfirmed for a period of time (usually less than one hour, but up to one day or more) pending sufficient confirmation of the transaction by the Bitcoin network. A transaction is not complete while it is in a pending state. Bitcoin associated with transactions that are in a pending state will be designated accordingly, and will not be included in your TenX Account balance or be available to conduct transactions.
    • The risk of loss in holding bitcoin can be substantial. You should therefore carefully consider whether holding bitcoin is suitable for you in light of your financial condition. In considering whether to hold bitcoin, you should be aware that the price or value of bitcoin can change rapidly, decrease, and potentially even fall to zero. If you use a TenX product which allows you and/or third parties to access and hold bitcoin private keys, you acknowledge that TenX is not responsible for safeguarding such keys and that TenX is not responsible for any loss of bitcoin resulting from theft, loss, or mishandling of bitcoin private keys outside its control.

    1. Basic TenX Services.

    Your TenX account (“TenX Account”) encompasses the following basic TenX Services, among others:

    • One or more hosted bitcoin wallets that allows users to store bitcoin private keys, and to track, transfer, and manage their bitcoin and account information and through which TenX can facilitate Bitcoin Transactions pursuant to instructions submitted by a user or authorized entity to TenX (the “Bitcoin Wallet”);
    • A bitcoin payment service through which users can buy goods and services, and sell bitcoin to, TenX (the “Payment Service”); and
    • For verified users in certain countries, accounts you may fund with Singapore Dollars, Chinese Yuan, Euros, British Pounds, U.S. Dollars, or Canadian Dollars for use in connection with the Payment Service, and/or other services as TenX may permit from time to time (each, a “Currency Wallet”).

    Each of these TenX Services is described in detail below.

    2. Creating a TenX Account.

    2.1. Registration of TenX Account. In order to use any of the TenX Services, you must first register by providing your name, e-mail address, password, and affirming your acceptance of this Agreement. Upon successful completion of the registration process, TenX will establish your TenX Account. TenX may, in our sole discretion, refuse to allow you to establish a TenX Account, or limit the number of TenX Accounts that a single user may establish and maintain at any time.

    2.2. Identity Verification. In order to use certain features of the TenX Services, including certain transfers of bitcoin and/or currency, you may be required to provide TenX with certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number). TenX may also require you to answer certain questions or take actions in order to verify your identity, provide the TenX Services to you, or comply with applicable law. In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update TenX if any information changes. You hereby authorize TenX to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account or qualifying credit/debit cards (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.

    3. Bitcoin Wallet.

    3.1. Sending and Receiving Bitcoin.

    3.1.1. As part of the services offered in connection with your TenX Account, TenX can help you send bitcoin to, and request and receive bitcoin from, third parties pursuant to instructions you provide through the TenX Site (each such transaction is a “Bitcoin Transaction”). You may initiate a Bitcoin Transaction by going to the TenX Site, choosing to send or request, and entering the requisite information regarding the sender or recipient and the amount of bitcoin to be transferred. TenX will then communicate with the Bitcoin network on your behalf, as necessary, to facilitate each Bitcoin Transaction in accordance with these instructions.

    3.1.2. TenX reserves the right to refuse to process or to cancel any pending Bitcoin Transaction as required by law or in response to a subpoena, court order, or other binding government order. TenX cannot reverse a Bitcoin Transaction which has been communicated to and confirmed by the Bitcoin network.

    3.1.3. TenX processes Bitcoin Transactions according to the instructions received from its users and we do not guarantee the identity of any user, receiver, requestee or other party. You should verify all transaction information prior to submitting instructions to TenX as the relevant Bitcoin Transaction may not be cancelled or reversed once initiated.

    3.1.4. If you initiate a Bitcoin Transaction by entering the recipient’s bitcoin address, TenX will confirm that the bitcoin address is valid; however, TenX cannot confirm that the bitcoin address belongs to the intended recipient. In the event you initiate a Bitcoin Transaction by entering the recipient’s email address and the recipient does not have an existing TenX Account, TenX will email the recipient and invite them to open a TenX Account. If the designated recipient does not open a TenX Account within 30 days, TenX will return the bitcoin associated with the transaction to your TenX Account.

    3.2 Bitcoin Storage & Transmission Delays. TenX securely stores 100% of all bitcoin private keys in our control in a combination of online and offline storage. As a result, it may be necessary for TenX to retrieve this information from offline storage in order to facilitate a Bitcoin Transaction in accordance with your instructions, which may delay the initiation or crediting of such Bitcoin Transaction for 48 hours or more. As a user of the TenX Services, you accept the risk that a Bitcoin Transaction facilitated by TenX may be delayed and you agree not to hold TenX responsible for any damages or injury arising out of or related to such delay.

    3.3. Your Bitcoin Transactions.

    3.3.1 Third Party Transactions. TenX has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of TenX Services). TenX is not responsible for ensuring that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with bitcoin transferred using the TenX Services, or if you have a dispute with such third party, you must handle it directly with that third party. Due to the nature of bitcoin, any Bitcoin Transaction conducted using the TenX Services is final regardless of any defects in or non-delivery of any goods or services purchased in connection with such Bitcoin Transaction, or any other aspect of your transaction or relationship with the relevant third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify TenX Support at support@tenx.texh so that we may consider whether to take any action.

    3.3.2. Refunds. TenX is not responsible for merchant refund policies. Certain merchants may wish to process a refund to you via a separate Bitcoin Transaction having a value equal to the transaction amount being refunded, as expressed in local currency (e.g., Euros), based on the then current Conversion Rate. As a result, you may receive less (or more) bitcoin via a refund than you initially used to pay the Merchant.

    3.3.3. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions associated with your receipt or transfer of bitcoin, and/or to the Bitcoin Transactions you conduct through the TenX Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your TenX Account.

    3.4 Limits. TenX reserves the right to change the transfer, payment, storage and velocity limits applicable to your Bitcoin Wallet in our sole discretion. We may require you to provide us with information about yourself and/or your Bitcoin Transactions if your transactions exceed certain government reporting thresholds, such as thresholds regarding financial recordkeeping and tax reporting.

    3.5 Advanced Protocols. We do not currently support metacoins, colored coins, or any advanced protocol which supplements the core Bitcoin Protocol. TenX does not detect whether Bitcoin Transactions associated with your TenX Account may involve any such protocol use. Do not use your TenX Account to effect any instruction or transfer involving an advanced protocol. TenX is not responsible for any loss which may result from such use.

    4. Payment Service.

    4.1. Transactions with TenX. When buying goods and services through the Payment Service you are selling bitcoin to TenX directly. In this capacity, TenX does not act as an intermediary or marketplace between other buyers and sellers of bitcoin. The Payment Service is subject to the TenX “Conversion Rate.” “Conversion Rate” means the liquidity adjusted price of a given bitcoin amount in terms of local currency as quoted to you on the TenX Site at the time you begin a Payment transaction. For the purpose of any transaction which incorporates the Conversion Rate, you agree, as a condition of using any TenX Services, to accept the Conversion Rate as the sole conversion metric.

    4.2. Limits. TenX imposes limits on the number of bitcoin that you may hold in a given moment, and that you may hold in your Currency Wallet, as further described in the Verification Procedures. TenX reserves the right to change posted limits as we deem necessary or appropriate from time to time. TenX does not guarantee the availability of its Payment Service, and the act of purchasing goods and services with TenX does not result in a guarantee that you may sell your bitcoin to TenX. If you wish to raise your limits, you may submit a request to support@tenx.texh. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with TenX staff (such process, “Enhanced Due Diligence”). TenX reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.

    4.3. Payments.

    4.3.1. You agree to have bitcoin in TenX wallet to prior to using Payment Service. If your bitcoin in TenX wallet does not have sufficient funds to cover the purchase goods and services, TenX may immediately reverse/cancel the transaction. TenX is under no obligation to attempt to fulfill your purchase using an alternative payment method should your bitcoin payment method fail. You hereby authorize us to debit your Currency Wallet(s) or any of your payment methods which have been linked to your TenX Account for the full or partial amount of your purchase and any other amounts owed by you to us hereunder. We may resubmit debits or charges to your payment methods until all amounts owed by you to us hereunder are satisfied in full.

    4.3.2. We may deduct bitcoin held by you in a Bitcoin Wallet equal to purchase amount of goods and services if a payment is successful. If such a payment is subject to a chargeback, reversal, claim or is otherwise invalidated. We may settel a transaction back to your wallet in bitcoin at current conversion rate as of the moment of settlement.

    4.3.3. Refunds. In the event of refund TenX will refund via a separate Bitcoin Transaction having a value equal to the transaction amount being refunded, as expressed in local currency (e.g., Euros), based on the then current Conversion Rate. As a result, you may receive less (or more) bitcoin via a refund than you initially used to pay the Merchant.

    4.3.4. We reserve the right to refuse to process, or to cancel or reverse, any purchases even after bitcoin have been deducted from your account(s), including but not limited to instances where TenX suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime, in response to a subpoena, court order, or other government order, or if TenX suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, TenX will reverse the transaction and we are under no obligation to allow you to reinitiate a purchase at the same price or on the same terms as the cancelled transaction.

    4.3.5. You do not have a statutory right to withdraw from a transaction to settle payment with bitcoin once you have instructed TenX because the price of bitcoin fluctuates in accordance with the financial market for bitcoin which is outside the control of TenX.

    5. Currency Wallet.

    5.1. Currency Wallets. Users who have verified their identity with TenX and who reside in approved jurisdictions may establish and fund a Currency Wallet. Except as otherwise set forth herein, you may use your Currency Wallet only (1) to purchase bitcoin from TenX, (2) to receive the proceeds of bitcoin sales to TenX, (3) to transfer funds to and from your originating bank account, or (4) to transfer funds to and from a TenX Account. Once you have successfully completed the requisite Verification Procedures, you may transfer currency from your bank account to TenX using approved bank transfer methods in accordance with the limits set forth herein. Although TenX will not charge a fee to facilitate such transfers, you may be required to pay bank transfer fees.

    5.2. Availability. TenX currently offers its Payment Services only in “Approved Countries,” listed on the website, You understand that only users who reside in Approved Countries and who are verified with the required level of verification applicable in the user’s country may transfer funds to TenX and fund a Currency Wallet. If you send funds to TenX and your Account has not been successfully verified for the required level of verification applicable in your country, or your residence or bank account is not within an Approved Country, or if you send funds in excess of the permitted daily limits, then TenX will return all or the excess portion of funds to the originating bank account without adding funds to your Currency Wallet. Bank fees may apply to such transfers, and you are responsible for any such fees. All funds held in a Currency Wallet are held on trust by TenX for the benefit of the user and may be used solely (1) to purchase bitcoin from TenX, (2) to transfer funds to your Trading Account, when permitted, (3) to refund you by transferring funds to your originating bank account, (4) to provide you with the proceeds of the sale of bitcoin to TenX by transferring funds to your bank account.

    5.3. Limits. You may not initiate a deposit which exceeds your daily bitcoin buy limits. TenX reserves the right to restrict deposits into your Currency Wallet(s) and/or to require you to withdraw funds from your Currency Wallet(s) if TenX determines that your Currency Wallet(s) have reached, in sum, an excessive balance. You may not purchase or sell bitcoin in excess of your daily buy / sell limits, set forth below, regardless of the amount of funds held in your Currency Wallet(s).

    6. General Use, Prohibited Use, and Termination.

    6.1. General Use.

    6.1.1 Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the TenX Site, and the content, materials, information and functionality available in connection therewith (collectively, the “Content”) solely for informational, transactional, or other approved purposes as permitted by TenX from time to time. Any other use of the TenX Site or Content is expressly prohibited. All other rights in the TenX Site or Content are reserved by us and our licensors. We reserve all rights in the TenX Site and Content and you agree that this Agreement does not grant you any rights in or licenses to the TenX Site or the Content, except for this express, limited license. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any other part of the TenX Site or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the TenX Site or Content (or any portion thereof) as part of any other web site or any other work of authorship without our prior written permission. If you violate any portion of this Agreement, your permission to access and use the TenX Services may be terminated pursuant to this Agreement. In addition, we reserve the right to all remedies available at law and in equity for any such violation. “TenX.com”, “TenX”, and all logos related to the TenX Services or displayed on the TenX Site are either trademarks or registered marks of TenX or its licensors. You may not copy, imitate or use them without TenX’s prior written consent.

    6.1.2. Website Accuracy. Although we intend to provide accurate and timely information on the TenX Site, the TenX Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the TenX Site are your sole responsibility and we shall have no liability for such decisions.

    6.1.3. Third-Party Materials. From time to time, the TenX Site may contain references or links to third-party materials (including without limitation websites) and third-party applications which are not controlled by us. Such information, links, and third-party applications are provided as a convenience to you. Such links should not be considered endorsements and such reference does not imply our recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the TenX Site, including without limitation content, property, goods or services available on the linked sites or services.

    6.1.4. Third-Party Applications. If, to the extent permitted by TenX from time to time, you grant express permission to a third party to access or connect to your TenX Account, either through the third party’s product or service or through the TenX Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party using your TenX Account credentials. Further, you acknowledge and agree that you will not hold TenX responsible for, and will indemnify TenX from, any liability arising out of or related to any act or omission of any third party using your TenX Account credentials. You may change or remove permissions granted by you to third parties with respect to your TenX Account at any time through the Account Settings (Integrations) page on the TenX Site.

    6.1.5. Developer’s Tools. Any person or entity who uses TenX’s Developer’s Tools (as defined in Part 4 of this Agreement) must comply with the terms of this General Use Agreement, including Part 4, and/or any other conditions as TenX may put into place in its sole discretion from time to time. The Developer’s Tools are owned by TenX and are licensed to Developer’s Tools users on a limited, non-exclusive, non-transferable, non-sublicensable basis. TenX reserves the right to restrict or limit use when, in its sole discretion, we identify abusive, burdensome, or prohibited use of the Developer’s Tools. Developer’s Tools users shall comply with all applicable laws, rules and regulations, including those relating to privacy, and shall not use the Developer’s Tools or related licensed material to facilitate or partake in any illegal, unauthorized, or improper activity, including any Prohibited Use or Prohibited Business as set forth herein.

    6.1.6. Fiduciary Accounts/Custodial Assets. You hereby certify to us that any funds used by you in connection with the TenX Services are either owned by you or that you are validly authorized to carry out transactions using such funds. In particular, you acknowledge that TenX may not be a qualified custodian under applicable law, and represent that your use of the TenX Services is in compliance with any applicable requirements governing the maintenance and use of fiduciary accounts and custodial assets.

    6.2. Prohibited Use. In connection with your use of the TenX Services, and your interactions with other users, and third parties you agree and represent you will not engage in any Prohibited Business or Prohibited Use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. We reserve the right to cancel and/or suspend your TenX Account immediately and without notice if we determine, in our sole discretion, that your Account is associated with Prohibited Use and/or a Prohibited Business.

    6.3. Export Controls & Sanctions. The supply of bitcoin and the TenX Services through the TenX Site is subject to international export controls and economic sanctions requirements. By acquiring any such items through the TenX Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire bitcoin or any of the TenX Services through the TenX Site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury’s financial sanctions regime, or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List HM Treasury’s financial sanctions regime; or (2) you intend to supply the acquired bitcoin or TenX Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury’s financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial sanctions regime.

    6.4. Suspension, Termination, and Cancellation. TenX may: (a) suspend, restrict, or terminate your access to any or all of the TenX Services, and/or (b) deactivate or cancel your TenX Account if:

    • We are so required by a facially valid subpoena, court order, or binding order of a government authority; or
    • We reasonably suspect you of using your TenX Account in connection with Prohibited Business or Prohibited Use; or
    • Use of your TenX Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or
    • Our service partners are unable to support your use; or
    • You take any action that TenX deems as circumventing TenX’s controls, including, but not limited to, opening multiple TenX Accounts or abusing promotions which TenX may offer from time to time.

    You will be permitted to transfer bitcoin or funds associated with your Bitcoin Wallet(s) and/or your Currency Wallet(s) (defined below) for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, or (ii) by a facially valid subpoena or court order. Merchant users are subject to additional cancellation policies set forth below. You may cancel your TenX Account at any time by transferring or exchanging all bitcoin, closing all open Orders (defined below), withdrawing all funds associated with your Bitcoin Wallet(s) and your Currency Wallet(s), and visiting https://www.tenx.texh/settings/cancel.

    You will not be charged for canceling your TenX Account and will only be required to pay for those TenX Services used that are subject to charges. If any transaction is in a pending state at the time your TenX Account is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate. You may not cancel your TenX Account to evade an investigation or avoid paying any amounts otherwise due to TenX. Upon cancellation of your TenX Account, you authorize TenX to cancel or suspend pending Conversion Service transactions and hold the funds associated with such transactions until TenX is certain that funding reversal windows are complete. In the event that you or TenX terminates this Agreement or your access to the TenX Services, or deactivates or cancels your TenX Account, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or Account errors, TenX may temporarily suspend access to your Account until the problem is resolved.

    7. Our Relationship with You.

    7.1. Relationship of the Parties. TenX is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and TenX to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or TenX to be treated as the agent of the other.

    7.2. Service Providers. From time to time, TenX may engage third parties to assist TenX in providing certain aspects of the TenX Services (each, a “Service Provider”). Service Providers may include, but are not limited to, TenX’s banking partners and technology or engineering service providers.

    7.3. Your Privacy. Protecting your privacy is very important to TenX. Please review our Privacy Policy, which is hereby incorporated by reference into this Agreement, in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

    7.4. Privacy of Others; Marketing. If you receive information about another user through the TenX Services, you must keep the information confidential and only use it in connection with the TenX Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited email to a user through the TenX Services.

    7.5. Password Security and Keeping Your Contact Information Current. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the TenX Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your TenX Account by third-parties and the loss or theft of any bitcoin and/or funds held in your TenX Account and any associated accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of your sensitive information or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your TenX Account information has been compromised, contact TenX Support immediately at support@tenx.texh.

    7.6. Consent to Electronic Records. By using the TenX Services, you agree that TenX may provide you with any notices or other communications about your TenX Account and the TenX Services electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the TenX Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. If you do not wish to receive notices or other communications electronically, we will be unable to support your TenX Account and your TenX Account will be cancelled.

    7.7. Notices to TenX. We prefer receiving notices to TenX electronically through our support system at support@tenx.texh. Paper notifications can also be sent to TenX Pte, Ltd., Suntec City Tower Two,#38-02, Singapore, 038989.

    8. Customer Feedback, Queries, and Complaints

    8.1. Contact TenX. If you have any feedback, questions, or complaints, contact us via our Customer Support webpage at https://support.tenx.texh or write to us at TenX Customer Support, Suntec City Tower Two,#38-02, Singapore, 038989. When you contact us please provide us with your name, address, and any other information we may need to identify you, your TenX Account, and the transaction on which you have feedback, questions, or complaints.

    8.2. Complaints. In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge your complaint within 24 hours of its receipt if you contact us via our Customer Support web page or email us at support@tenx.texh. A Customer Complaints officer (“Officer”) will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided and any information provided by TenX. Within four weeks of our receipt of your complaint the Officer will address your complaint by sending you an e-mail (“Resolution Notice”) in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. Upon receipt of the Resolution Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Resolution Notice. Failure to respond to a Resolution Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint. If you are late in responding to the Resolution Notice, TenX may treat your response as if it has been submitted on time.

    8.3. Appeals. In the event that you reject an offer or determination (“Rejection”), please set out the reasons for the Rejection and include any additional information that you believe is pertinent to your complaint. Any Rejection will be treated as an application to appeal the offer or determination set out in the Resolution Notice. Our Customer Appeals committee (“Appeals Committee”) will impartially consider your complaint (including any additional information provided). We will acknowledge your Rejection within 24 hours of its receipt if you contact us in the prescribed electronic way, and within ten business days if you contact us in any other prescribed way. Within four weeks of our receipt of the Rejection the Appeals Committee will address your complaint by sending you an e-mail (“Final Notice”) in which the Appeals Committee will: (i) uphold the Resolution Notice; or (ii) reject the Resolution Notice. Notwithstanding its decision regarding the Resolution Notice, the Appeals Committee may also make a new offer to resolve the complaint. Upon receipt of the Final Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Final Notice. TenX may extend the deadline for you to accept the offer. Failure to respond to a Final Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint. For consumers only: if you fail to respond to a Final Notice and file a claim in a competent court, your failure may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.

    8.4. Offers. Any offer made under this Section 8 will only become binding on TenX if you accept the offer by following the instructions provided by TenX within the stated timeframe. Any offer under this Section 8 will not constitute any admission by TenX of any wrongdoing or liability regarding the subject matter of the complaint. Any acceptance of an offer by you will constitute an acceptance that the complaint is resolved and an undertaking that you will not file a claim in any competent court against TenX regarding the subject matter of the complaint.

    8.5. Claims. This provision only applies to consumers. You agree to use the complaints procedure of this Section 8 before filing any claim in a competent court. Failure to comply with this provision may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.

    9. General Provisions.

    9.1. Limitations of Liability. (A) IN NO EVENT SHALL TenX, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE TenX SITE, THE TenX SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

    (B) FOR CONSUMERS ONLY: WHERE APPLICABLE CONSUMER PROTECTION LAW LIMITS THE EFFECTIVENESS OF SECTION 9.1(A) WITH RESPECT TO CONSUMERS, SECTION 9.1(A) ONLY APPLIES TO THE MAXIMUM EXTENT AS PERMITTED BY LAW.

    9.2. Sanctions Compliance. Pursuant to the economic sanctions programs administered in the countries where TenX conducts business, TenX is prohibited from providing services or entering into relationships with certain individuals and entities. In the event that TenX is required to block assets associated with your TenX Account in accordance with a sanctions program, or other similar government sanctions programs, TenX may (i) deactivate or cancel your Bitcoin Wallet(s) and/or Currency Wallet(s) or block user activity, (ii) transfer bitcoin or funds from your Bitcoin Wallet(s) and/or Currency Wallet(s) to an originating source or to an account specified by authorities, or (iii) require you to transfer your bitcoin or withdraw your funds from your Bitcoin Wallet(s) or Currency Wallet(s) within a certain period of time. TenX is not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with applicable law, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant or other legal order.

    9.3. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from TenX. Always log into your TenX Account through the TenX Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

    9.4. Release of TenX. If you have a dispute with one or more users of the TenX services, to the extent permitted by law, you release TenX, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, to the extent permitted by law, in entering into this release you expressly waive any protections, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

    9.5. No Warranty. (A) THE TenX SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TenX SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TenX DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ANY PART OF THE TenX SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE. OPERATION OF THE TenX SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. WE ARE NOT RESPONSIBLE FOR THE BITCOIN MARKET, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE REAL OR PERCEIVED VALUE OF BITCOIN AS DENOMINATED IN ANY QUOTED CURRENCY. ALTHOUGH WE MAY PROVIDE HISTORICAL AND/OR REAL-TIME DATA REGARDING THE PRICE OF BITCOIN, WE MAKE NO REPRESENTATIONS REGARDING THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF SUCH DATA, AND YOU SHOULD NOT RELY ON SUCH DATA FOR ANY REASON WHATSOEVER. YOU UNDERSTAND AND AGREE THAT THE VALUE OF BITCOIN CAN BE VOLATILE, AND WE ARE NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR ANY LOSSES YOU MAY INCUR BY HOLDING OR TRADING BITCOIN, EVEN IF THE TenX SERVICES ARE DELAYED, SUSPENDED, OR INTERRUPTED FOR ANY REASON. FURTHER, TenX MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF THE TenX SERVICES OR ANY MATERIALS CONTAINED THEREIN. TenX WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS FOR ELECTRONIC DEBITS AND CREDITS INVOLVING BANK ACCOUNTS, CREDIT CARDS, AND CHECK ISSUANCES ARE PROCESSED IN A TIMELY MANNER BUT TenX MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING BECAUSE THE TenX SERVICES ARE DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL, SUCH AS DELAYS IN THE BANKING SYSTEM OR THE U.S. OR INTERNATIONAL MAIL SERVICE.

    (B) FOR CONSUMERS ONLY: WHERE APPLICABLE CONSUMER PROTECTION LAW LIMITS THE EFFECTIVENESS OF SECTION 9.5(A) WITH RESPECT TO CONSUMERS, SECTION 9.5(A) ONLY APPLIES TO THE MAXIMUM EXTENT AS PERMITTED BY LAW.

    9.6. Indemnification. You agree to indemnify and hold TenX, its affiliates and Service Providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of this Agreement, (ii) your use of TenX Services, including the Developer’s Tools, or (iii) your violation of any law, rule or regulation, or the rights of any third party.

    9.7. Entire Agreement. This Agreement sets forth the entire understanding and agreement between you and TenX as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and TenX.

    9.8. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TenX without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the TenX Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

    9.9. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

    9.10. Change of Control. In the event that TenX is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

    9.11. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, TenX Account cancellation, debts owed to TenX, general use of the TenX Site, disputes with TenX, and general provisions, shall survive the termination or expiration of this Agreement.

    9.12. Governing Law and Jurisdiction. This Agreement will be governed by English law except that for residents of Scotland and Northern Ireland any consumer protection granted under Scots law or Northern Irish law (as applicable) that exceeds those under English law will still apply for your protection. Subject to Section 8.4 and article 16 of the Council Regulation (EC) No 44/2001, this Agreement is subject to the jurisdiction of the English courts and, if you are resident in Scotland or Northern Ireland, the Scottish courts or the Northern Irish courts (as applicable) for the purpose of hearing and determining any dispute arising out of or in connection with this Agreement or its formation or validity.

    9.13. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

    9.14. Section Headings. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.

    9.15. English Language Controls. Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

  • Privacy Policy

    Privacy Policy

    Your privacy is important to us.

    In this policy, “TenX”, “we”, “us”, “our” means, collectively, TenX Pte Ltd. “You”, “your” or “yours” means the persons to whom this policy applies.

    The security of your personal data is important to us. TenX has in place safeguards to protect the personal data stored with us. This policy describes how we may collect, use, disclose, process and manage your personal data.

    This policy applies to any individual’s personal data which is in our possession or under our control.

    1.1 What personal data we collect

    “Personal data” is data that can be used to identify a natural person. Some examples of personal data that we may collect are:

    • personal particulars (e.g. name, contact details, residential address, date of birth, identity card/passport details, and/or education details)
    • financial details (e.g. income, expenses, and/or credit history);
    • images and voice recordings of our conversations with you;
    • employment details (e.g. occupation, directorships and other positions held, employment history, salary, and/or benefits);
    • tax and insurance information;
    • information about your risk profile, investments, investment objectives, knowledge and experience and/or business interests and assets;
    • banking information (e.g. account numbers and banking transactions); and/or
    • personal opinions made known to us (e.g. feedback or responses to surveys);

    1.2 Usage of your personal data

    We may use your personal data for our core business purposes, such as:

    • developing and providing facilities, products or services (whether made available by us or through us), including but not limited to:
    • transactions and clearing or reporting on these transactions;
    • carrying out research, planning and statistical analysis; or
    • analytics for the purposes of developing or improving our products, services, security, service quality, and advertising strategies;
    • assessing and processing applications, instructions or requests from you or our customers;
    • communicating with you, including providing you with updates on changes to products, services and banking facilities (whether made available by us or through us) including any additions, expansions, suspensions and replacements of or to such products, services and banking facilities and their terms and conditions;
    • managing our infrastructure and business operations and complying with internal policies and procedures;
    • responding to queries or feedback;
    • addressing or investigating any complaints, claims or disputes;
    • verifying your identity for the purposes of providing facilities, products or services;
    • conducting credit checks, screenings or due diligence checks as may be required under applicable law, regulation or directive;
    • complying with all applicable laws, regulations, rules, directives, orders, instructions and requests from any local or foreign authorities, including regulatory, governmental, tax and law enforcement authorities or other authorities;
    • enforcing obligations owed to us;
    • monitoring products and services provided by or made available through us;
    • complying with obligations and requirements imposed by us from time to time by any credit bureau or credit information sharing services of which we are a member or subscriber;
    • creating and maintaining credit and risk related models;
    • financial reporting, regulatory reporting, management reporting, risk management (including monitoring credit exposures), audit and record keeping purposes;
    • enabling any actual or proposed assignee or transferee, participant or sub-participant of TenX’s rights or obligations to evaluate any proposed transaction;
    • enforcing obligations owed to us; and/or
    • seeking professional advice, including legal advice.

    We may also use personal data for purposes set out in the terms and conditions that govern our relationship with you or our customer.

    1.3 Use of personal data for marketing purposes

    We may use your personal data to offer you products or services, including special offers, promotions, contests or entitlements that may be of interest to you or for which you may be eligible. Such marketing messages may be sent to you in various modes including but not limited to electronic mail, direct mailers, short message service, telephone calls, facsimile and other mobile messaging services. In doing so, we will comply with the Personal Data Protection Act of Singapore (PDPA), Gramm Leach Bliley Act of the United States (GLBA) and other applicable data protection and privacy laws.

    In respect of sending telemarketing messages to your telephone number via short message service, telephone calls, facsimile and other mobile messaging services, please be assured that we shall only do so if we have your clear and unambiguous consent in writing or other recorded form to do so or if you have not otherwise made the appropriate registration of that number with the Do Not Call Registry. If we have an ongoing relationship with you and you have not indicated to us that you do not wish to receive telemarketing messages sent to your telephone number, we may send you telemarketing messages to that number related to the subject of our ongoing relationship via short message service, facsimile and other mobile messaging services (other than a voice or video call).

    You may at any time request that we stop contacting you for marketing purposes via selected or all modes.

    To find out more on how you can change the way we use your personal data for marketing purposes, please contact us.

    Nothing in this section shall vary or supersede the terms and conditions that govern our relationship with you.

    1.4 Disclosure and sharing of personal data

    We may from time to time and in compliance with all applicable laws on data privacy, disclose your personal data to any personnel of TenX or to third parties, whether located in Singapore, New York or elsewhere, in order to carry out the purposes set out above. Please be assured that when we disclose your personal data to such parties, we require them to ensure that any personal data disclosed to them are kept confidential and secure.

    For more information about the third parties with whom we share your personal data, you may, where appropriate, wish to refer to the agreement(s) and/or terms and conditions that govern our relationship with you or our customer. You may also contact us for more information (please see the “How to contact us” section below).

    We wish to emphasise that TenX does not sell personal data to any third parties and we shall remain fully compliant of any duty or obligation of confidentiality imposed on us under the applicable agreement(s) and/or terms and conditions that govern our relationship with you or our customer or any applicable law.

    We may transfer, store, process and/or deal with your personal data outside New York and Singapore. In doing so, we will comply with the PDPA,  GLBA and other applicable data protection and privacy laws.

    1.5 Cookies and related technologies

    Our website uses cookies. A cookie is a small text file placed on your computer or mobile device when you visit a website or use an app. Cookies collect information about users and their visit to the website or use of the app, such as their Internet protocol (IP) address, how they arrived at the website (for example, through a search engine or a link from another website) and how they navigate within the website or app. We use cookies and other technologies to facilitate your internet sessions and use of our apps, offer you products and/or services according to your preferred settings, track use of our websites and apps and to compile statistics about activities carried out on our websites.

    You may set up your web browser to block cookies from monitoring your website visit. You may also remove cookies stored from your computer or mobile device. However, if you do block cookies you may not be able to use certain features and functions of our web sites.

    1.6 Other web sites

    Our websites may contain links to other websites which are not maintained by TenX. This privacy policy only applies to the web sites of TenX. When visiting these third party websites, you should read their privacy policies which will apply to your use of the websites.

    1.7 Retention of personal data

    Your personal data is retained as long as the purpose for which it was collected remains and until it is no longer necessary for any other legal or business purposes.

    1.8 Access and correction

    You may request access or make corrections to your personal data held by TenX. TenX may charge a fee for processing your request for access. Such a fee depends on the nature and complexity of your access request. Information on the processing fee will be made available to you.

    Please contact us (please see the “How to contact us” section below) for details on how you may request such access or corrections.

    1.9 How to contact us

    To contact us on any aspect of this policy or your personal data or to provide any feedback that you may have, please visit any of our branches or get in touch with our customer centre officer in the following ways:

    You can contact our customer support officer at team@tenx.texh. If you are a customer you may also contact us by phone, TenX.desk.com, whatsapp, line or wechat.

    1.10 Amendments and updates to TenX Privacy Policy

    We may amend this policy from time to time to ensure that this policy is consistent with any developments to the way TenX uses your personal data or any changes to the laws and regulations applicable to TenX. We will make available the updated policy on our web site. All communications, transactions and dealings with us shall be subject to the latest version of this policy in force at the time.

  • KYC / AML

    Know Your Customer &
    Anti-Money Laundering

    The Company protects itself from involvement in money laundering or suspicious activity by the following:        

    • Performing an enterprise-wide risk assessment to determine the risk profile of the Company
    • Establishing AML policies and procedures
    • Implementing internal controls throughout its operations that are designed to mitigate risks of money laundering
    • Performing know your customer (“KYC”)  procedures on all users
    • Designating a Compliance Officer with full responsibility for the AML Program
    • Conducting an annual AML audit
    • Providing AML training to all employees

          

    POLICIES AND PROCEDURES

    The Policy will be approved by the Company’s Board.  The Policy once approved will be provided to all employees.  Each employee will acknowledge the Policy in writing.  All policies and procedures will be reviewed and updated or revised as needed, but no less often than annually.

    INTERNAL CONTROLS

    The Company has developed and implemented internal controls for the purpose of ensuring that all of its operations comply with all AML legal requirements and that all required reports are made on a timely basis. Some of those internal controls are listed within this document and include, but are not limited to, the Customer Identification Program, the Suspicious Activity Reporting system, and the required reports on the Program’s effectiveness to the Board.

    TRAINING

    All of the officers and employees of the Company are required to receive AML training at least annually. New employees will receive appropriate AML training within 30 days of their hire date. Training for all employees will include not only the legal elements of AML laws and regulations but will also cover job specific applications of these laws. Ongoing training will be provided and updated regularly to reflect current developments and changes to laws and regulations.

        

    CUSTOMER IDENTIFICATION

    It is the Company’s policy to ensure that it has reasonably identified each customer who uses the Company’s platform. Users may be identified using a variety of  methods.

    ACCOUNT OPENING PROCEDURES.

    Additionally, the Company will, as part of its account-opening  process:  (i) cross-check the names of users against compliance databases such as the OFAC Specially Designated Nationals list and other governmental watch lists; (ii) require users to provide proof of  identification; and (iii) not permit any payment above 1,000 Singapore dollar to be made with incomplete account-opening information.

    PROOF OF IDENTIFICATION:

    Individual         

    • Name
    • Date and place of birth
    • Residence address and mailing address if different (PO Box alone will not be acceptable)
    • Official issued identification number (e.g., passport number, social security number, employee identification number or individual taxpayer identification number)
    • Copy of valid photo identification of the principal(s) involved with the account (e.g., driver's license, passport, alien identification card)

          

    Businesses

    • Business name
    • Name of businesses representative for the account
    • The address of the customer’s principal place of business and, if different, the customer’s mailing address. If the customer has a local address different from its principal place of business, the  local address.
    • Official issued identification number of the principal(s) involved with the account (e.g., passport number, social security number, employee identification number or individual taxpayer  identification number)
    • Copy of valid photo identification of the principal(s) involved with the account (e.g., driver’s license, armed forces identification, passport, alien identification card)
    • Customer due diligence procedures will be followed to determine the beneficial owners of corporate or trust accounts. This would  include determining if the customer is an agent of or on behalf of another; obtaining information about the structure or ownership of  a customer who is a legal entity that is not publicly traded in the US; and where the customer is a trustee, obtaining information about the trust structure, determining the provider of the funds and any persons who have control over the funds or the power to  remove the trustee.

    VERIFICATION

    Documents used in opening an account relationship must be verified prior to establishing the account. Verification of identity will require multi-factor authentication, layered security and other controls to ensure a meaningful user identity confirmation process based on account size or other factors.

    The following are examples of verification methods the Company may use:

    • Obtaining proof of address, such as a copy of a utility bill or bank statement from the account holder.
    • Comparing the identifying information with information available from a trusted third party source, such as a credit report from a consumer-reporting agency, Veratad, Lexus Nexus Instant ID
    • Analyzing whether there is logical consistency between the identifying information provided, such as the customer’s name, street address, ZIP code, telephone number, date of birth, and social security number (logical verification).
    • Utilizing knowledge-based challenge questions.
    • Utilizing complex device identification (such as “digital fingerprints” or geo-location checks).
    • Obtaining a notarized copy of an individual’s birth certificate or a business’ certificate of incorporation sealed with an apostille for valid identification.
    • When the type of account increases the risk that the Company will not be able to verify the true identity of the customer through documents is confirmed the account will be closed.

          

    SUSPICIOUS TRANSACTION AND ACTIVITY REPORTS

    The Company will diligently monitor transactions for suspicious activity. Transactions that are unusual will be carefully reviewed to determine if it appears that they make no apparent sense or appear to be for an unlawful purpose.  Internal controls will be implemented so that an ongoing monitoring system is in place to detect such activity as it occurs. When such suspicious activity is detected, the Company will determine whether a filing with any law enforcement authority is necessary.

    Suspicious activity can include more than just suspected money laundering attempts.  Activity may be suspicious, and the Company may wish to make a filing with a law enforcement authority, even if no money is lost as a result of the transaction.

    The Company will initially make the decision of whether a transaction is potentially suspicious. Once the Company has finished the review of the transaction details, he or she will consult with the Company’s senior management to make the decision as to whether the transaction meets the definition of suspicious transaction or activity and whether any filings with law enforcement authorities should be filed.

    The Company will maintain a copy of the filing as well as all backup documentation. The fact that a filing has been made is confidential. No one, other than those involved in the investigation and reporting should be told of its existence. In no event should the parties involved in the suspicious activity be told of the filing. The Company may inform the Company’s Board of the filing and the underlying transaction.

          

    REPORTING REQUIREMENTS

    Reasonable procedures for maintaining records of the information used to verify a person’s name; address and other identifying information are required under this Policy. The following are required steps in the record keeping process:  

    • The Company is required to maintain a record of identifying information provided by the customer.
    • Where the Company relies upon a document to verify identity, the Company must maintain a copy of the document that the Company relied on that clearly evidences the type of document and any identifying information it may contain.
    • The Company must also record the methods and result of any additional measures undertaken to verify the identity of the customer.
    • The Company must record the resolution of any discrepancy in the identifying information obtained.
    • All transaction and identification records will be maintained for a minimum period of five years.

                 

    AML AUDIT

    The Company is responsible for directing the annual AML audit of the Company’s operations. The independent audit will be conducted by an independent third party with working knowledge of BSA requirements, or by Company personnel with working knowledge of BSA requirements. The Company will develop corrective action plans for all issues that are raised in the audit and will provide the audit report and all corrective action plans to the Company’s senior management for review. Reports of the corrective action will continue until all are resolved.