TERMS AND CONDITIONS FOR USE OF TENX SERVICES

PLEASE READ THESE TERMS TOGETHER WITH THE POLICIES (EACH AS DEFINED BELOW) CAREFULLY BEFORE USING THE CARD, THE TENX WALLET APP, THE TENX WALLET ACCOUNT AND/OR ANY OTHER PART OF THE TENX SERVICES (EACH AS DEFINED BELOW). PLEASE ALSO READ THE CARD ISSUER TERMS (AS DEFINED BELOW) CAREFULLY BEFORE USING THE CARD. IF IN DOUBT, PLEASE CONSULT AND SEEK PROFESSIONAL ADVICE FROM YOUR ADVISORS BEFORE PROCEEDING TO REGISTER OR APPLY FOR OR USE ANY PART OF THE TENX SERVICES.


THESE TERMS GOVERN YOUR APPLICATION FOR, HOLDING OF OR USE OF A TENX WALLET ACCOUNT THROUGH THE TENX WALLET APP AND YOUR APPLICATION FOR, POSSESSION OF OR USE OF THE CARD.

BY YOUR REGISTRATION FOR A TENX WALLET ACCOUNT, CONTINUED HOLDING OR USE OF A TENX WALLET ACCOUNT THROUGH THE TENX WALLET APP, APPLICATION FOR A CARD AND/OR YOUR CONTINUED POSSESSION OR USE OF THE CARD, YOU ACKNOWLEDGE THAT YOU HAVE FULLY UNDERSTOOD THESE TERMS IN THEIR ENTIRETY, AND YOU AGREE WITH AND ACCEPT THESE TERMS IN THEIR ENTIRETY AS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TENX (AS DEFINED BELOW). IF YOU DO NOT AGREE WITH AND ACCEPT ANY PROVISION OF THESE TERMS (OR ANY PART THEREOF), PLEASE DO NOT APPLY FOR THE CARD, REGISTER FOR THE TENX WALLET ACCOUNT OR USE THE CARD, THE TENX WALLET APP OR THE TENX WALLET ACCOUNT AND/OR ANY OTHER PART OF THE TENX SERVICES.

IF YOU ARE UNDER 18 YEARS OF AGE, YOU WILL NOT BE ELIGIBLE TO APPLY OR REGISTER FOR OR USE THE CARD, THE TENX WALLET APP, THE TENX WALLET ACCOUNT OR ANY OTHER PART OF THE TENX SERVICES.

To the extent that Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 (the “Directive”) and their equivalents in any implementation of the Directive in member states of the European Union (EU) or the European Economic Areas (EEA) (the “ Directive Transpositions”) are applicable to these Terms, these Terms constitute a “framework contract” as defined in Article 4 of the Directive between you and TenX.

These Terms incorporate, and you hereby agree with and accept, the Privacy Policy, other applicable policies, other terms and conditions as may be prescribed by TenX, notices, procedures, specifications, FAQs, guides and guidelines that are provided or made available to you, appear on the TenX Website or are referred to in these Terms and which TenX may modify from time to time (collectively, the “Policies”).


IMPORTANT INFORMATION ON KEY RISKS

This section of these Terms highlights some of the risks associated with transactions in connection with virtual currencies, cryptographic tokens and/or other digital assets such as those which are the Accepted Assets, payments services and other risks which TenX would like you to consider before accepting these Terms and using any part of the TenX Services. You are solely responsible for understanding and complying with any and all applicable laws, rules and regulations in connection with your acceptance of these Terms and your use of any part of the TenX Services, including but not limited to those related to taxes or foreign currency transactions as well as reporting and disclosure obligations. To the best of the knowledge and belief of TenX, all risk factors which are material to you in making an informed judgement as to whether to accept these Terms and use any part of the TenX Services have been set out below. However, the list of risk factors set out below is only a non-exhaustive list for your consideration, and other risks, arising either now or in the future, could additionally be relevant and applicable to you in making an informed judgement as to whether to accept, or continue to accept, these Terms and/or use, or continue to use, the TenX Services.

Risk of Funds Not Being Immediately Available

TenX may close, suspend, or limit your access to any part of the TenX Services (as defined below), and/or restrict your access to the Available Balance (as defined below) of your TenX Wallet Account (as defined below) for so long as reasonably required to protect against the risk of liability if you violate, breach or fail to comply with any part of these Terms, the Card Issuer Terms and the Policies (as defined below). For the avoidance of doubt, TenX may also permanently close, suspend, or limit your access to the TenX Services if you violate, breach or fail to comply with any part of these Terms, the Card Issuer Terms and the Policies.

Please note that your TenX Wallet Account has two (2) separate and distinct functionalities, which are the payment functionality and the reserve functionality. Your ability to access the Available Balance for purposes of making a Card Transaction or TenX Wallet Transaction (each as defined below) using the Available Balance of your TenX Wallet Account will depend upon whether the Available Balance (which is the subject of such transaction) is associated with the payment functionality or the reserve functionality.

For the purposes of these Terms:

(a) The element of your TenX Wallet Account which constitutes the payment functionality is known as the "payment account". Such payment account is the operational part of your TenX Wallet Account through which you have access to your Available Balance and which can be used for the execution of Card Transactions or TenX Wallet Transactions.

(b) The element of your TenX Wallet Account which constitutes the reserve functionality is known as the "reserve". Your access to the reserve is restricted and you have no ability to use the Available Balance held in the reserve or to execute TenX Wallet Transactions or Card Transactions using the Available Balance held in the reserve. Any Available Balance held in the reserve may be marked or categorised, for example, as "pending", "under review", "risk reserve" or other similar indications or categorisations. The temporary holding of Available Balance in such reserve by TenX is related to TenX’s and/or the Card Issuer’s assessment and determination, at its sole and absolute discretion, of certain AML, CFT, fraud, financial and other regulatory risks.

Payment Execution Risks

Please note that following TenX’s receipt of your payment order or instructions to proceed with a transaction in connection with the Accepted Assets (as defined below), TenX will process or execute such transaction (and where applicable, also credit the relevant payment service provider) as quickly as the relevant payment schemes and financial networks allow (and such transaction may be completed by the next business day following the date of TenX’s receipt of your payment order or instructions).

Price Change Risk Associated with Using Virtual Currencies

Prices of virtual currencies, cryptographic tokens and/or other digital assets fluctuate day by day or even hour by hour. The value of your Available Balance could surge or drop suddenly. Please note that there is a possibility that the price of virtual currencies, cryptographic tokens and/or other digital assets such as the Accepted Assets could drop to zero. Prices of virtual currencies, cryptographic tokens and/or other digital assets are prone to significant fluctuations, for example, due to announced proposed legislative acts, governmental restrictions, news related to cyber-crimes or other factors causing potentially excessive market enthusiasm or disproportionate loss in confidence. Prices of virtual currencies, cryptographic tokens and/or other digital assets can also be manipulated.

Liquidity Risk and the Nature of Virtual Currencies

Your TenX Wallet Account and the Available Balance of your TenX Wallet Account are not protected by the relevant deposit guarantee or investment indemnity schemes in the jurisdiction(s) of TenX or the Card Issuer.

Virtual currencies, cryptographic tokens and/or other digital assets such as those which are the Accepted Assets are not legal tender and are not backed by any government. Unlike fiat currencies, which are regulated and backed by local governments and central banks, virtual currencies, cryptographic tokens and/or other digital assets such as those which are the Accepted Assets may be based only on technology and user consensus. In cases of massive manipulations or market panic, central governments will not take any corrective actions or measures to achieve stability, maintain liquidity or protect the value of virtual currencies, cryptographic tokens and/or other digital assets such as those which are the Accepted Assets.

There is a possibility that executed orders with respect to certain trades of virtual currencies, cryptographic tokens and/or other digital assets such as those which are the Accepted Assets cannot be settled or may be difficult to settle, or can be completed only at significantly adverse prices depending on the market situation and/or market volume for certain virtual currencies, cryptographic tokens and/or other digital assets such as those which are the Accepted Assets.

There is also no assurance that TenX will continue to accept the Accepted Assets for purposes of use of the Available Balance to carry out TenX Wallet Transactions or Card Transactions, or that the Card Issuer, the relevant card network or Merchants will continue to permit Card Transactions, in the future.

Blockchain Network Risk

Completion of certain transactions in connection with virtual currencies, cryptographic tokens and/or other digital assets such as those which are the Accepted Assets on blockchains can be deferred for a certain period of time until an adequate number of confirmations has been received. A TenX Wallet Transaction or a Card Transaction (to the extent that it is blockchain-based) will not be reflected in your TenX Wallet Account until such adequate number of confirmations has been received and confirmed by TenX. There is a possibility that your TenX Wallet Transactions and Card Transactions (to the extent that they are blockchain-based) may be cancelled or remain unconfirmed on blockchains. Transactions in connection with virtual currencies, cryptographic tokens and/or other digital assets such as those which are the Accepted Assets may be irreversible, and, accordingly, Losses (as defined below) due to fraudulent or accidental transactions may not be recoverable. Some transactions in connection with virtual currencies, cryptographic tokens and/or other digital assets such as those which are the Accepted Assets shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time when you or another party initiated the transaction.

Risk of Using External Wallet Services and Exchange Services

In the case where you use an external cryptocurrency wallet or a cryptocurrency wallet which is established or maintained with an Exchange (as defined below) and you do not have secure possession of your private key or credentials to access such cryptocurrency wallet, you may not be able to access your virtual currencies, cryptographic tokens and/or other digital assets including those which are Accepted Assets. TenX is also under no obligation, and may not be able, to assist you in such case.

Risk of Using TenX Wallet Account and TenX Wallet App

While TenX is committed to high standards for maintaining the security of all private keys to the cryptocurrency wallets associated with TenX Wallet Accounts, TenX is not responsible and is not liable for any Loss resulting from any loss, theft, or inappropriate or unauthorised disclosure of and/or use of the private keys to the cryptocurrency wallet associated with your TenX Wallet Account where such loss, theft, or inappropriate or unauthorised disclosure of and/or use is not within the control of TenX. TenX is also under no obligation to take any corrective action or measure in the event of any such loss, theft, or inappropriate or unauthorised disclosure of and/or use.

Force Majeure

There is a risk that your Card Transactions or TenX Wallet Transactions may be affected by system failures resulting from adverse events, natural disasters and other emergencies and unforeseen significant changes in the external environment. With regard to any Loss due to occurrences such as emergency situations and Force Majeure events, TenX and/or the Card Issuer is/are under no obligation to take any corrective action or measure.

Regulatory Uncertainty

The regulatory frameworks applicable to payment services providers and transactions in connection with virtual currencies, cryptographic tokens and/or other digital assets such as those which are the Accepted Assets are still developing and in a state of flux. It is possible that your Card Transactions or TenX Wallet Transactions are, or may be in the future, subject to various reporting, tax or other liabilities and obligations. Legislative and regulatory changes or actions at the country, regional (for example, in the EU or an EEA) or international level may materially and adversely affect the use, transfer, exchange, and value of virtual currencies, cryptographic tokens and/or other digital assets such as those which are the Accepted Assets.

YOU AND TENX HEREBY AGREE AS FOLLOWS:



1. DEFINITIONS AND INTERPRETATION 



In these Terms, the following words and expressions shall have the following meanings:

1.1 “AML” means anti-money laundering.

1.2 “Accepted Assets” means such virtual currencies, cryptographic tokens, other digital assets and/or fiat currencies as may be compatible with and supported by the TenX Wallet App and the TenX Wallet Account, with the list of such virtual currencies, cryptographic tokens, other digital assets and/or fiat currencies being as set out in Annex 1 hereto and subject to change from time to time by TenX at its sole and absolute discretion.

1.3 “Applicable Exchange Rate”, in relation to a particular time, means such exchange rate representing the value (in the relevant fiat currency) of each unit of an Accepted Asset as may be determined by TenX in its sole and absolute discretion to be applicable for purposes of calculating the value (in the relevant fiat currency) of the Available Balance of a TenX Wallet Account, the value of a Card Transaction (in terms of such Accepted Asset) or the payable fees as referred to in Paragraph 17 below (in terms of such Accepted Asset) at such time.

1.4 “Available Balance” means, in relation to a particular time:

(a) the value (in the relevant fiat currency) of the Accepted Assets held by you through your TenX Wallet Account based on the Applicable Exchange Rate at such time; or

(b) the respective amounts of Accepted Assets held by you through your TenX Wallet Account as at the time of such TenX Wallet Transaction at such time.

1.5 “Business Account” has the meaning ascribed thereto in Paragraph 3.2A below.

1.6 “Business Customer” has the meaning ascribed thereto in Paragraph 3.2A below.

1.7 “Card” means a prepaid card issued by the Card Issuer to you
pursuant to a card scheme and programme administered by TenX and/or the Card Issuer, whether jointly or otherwise.

1.8 “Card Issuer” means such company being a member of a scheme permitted to issue prepaid cards under a card scheme and programme, including the card scheme and programme administered by TenX and/or the Card Issuer, whether jointly or otherwise.

1.9 “Card Issuer Terms” means such agreement being the agreement between you and the Card Issuer which sets out the further terms and conditions in relation to the Card.

1.10 “Card Payment” means any transaction for payment made or any amount charged for any goods, services and/or other benefits rendered by a Merchant, through or from the use of the Card or the Card number appearing on the Card itself or in any other manner, including but not limited to online, offline or mail, telephone or facsimile orders or reservations (as may be determined and communicated between you and the Merchant).

1.11 “Card Limit(s)” means the maximum permissible limit(s) prescribed by TenX and/or the Card Issuer as being applicable to uses of the Card for Card Transactions, and whether with reference to time periods, total value of Card Transactions, types of Card Transactions, types of accounts or with reference to any other factors that TenX and/or the Card Issuer may deem fit, or a combination of one or more of the aforesaid factors, with:

(a) such generally applicable limit(s) being as set out in Annex 3; and

(b) the actual limit(s) applicable to your use of the Card being such limit(s) as may be determined by TenX and/or the Card Issuer in its/their sole and absolute discretion based on the relevant Customer Information and any other information possessed by TenX and/or the Card Issuer (with such actual limit(s) potentially differing from the generally applicable limit(s) as set out in Annex 3 hereto).

1.12 “Card Transaction” means a Card Payment or a Card Withdrawal.

1.13 “Card Transaction Time” means:

(a) in relation to a Card Payment, the time at which the relevant invoice, sales draft or other voucher or form is signed or accepted by you for any goods, services and/or other benefits rendered by a Merchant and authorisation has been sought from or given by TenX; and

(b) in relation to a Card Withdrawal, the time at which a Card Withdrawal is confirmed with a Relevant ATM using the Card.

1.14 “Card Withdrawal” means any transaction for a withdrawal (in the relevant fiat currency) of an amount of the Available Balance as at the time of such withdrawal from a Relevant ATM using the Card.

1.15 “CFT” means countering the financing of terrorism.


1.16 “Changes” has the meaning ascribed thereto in Paragraph 23.1 below.

1.17 “Credentials”:

(a) in relation to your TenX Wallet Account, means your log-in username, password, and any other access keys for accessing your TenX Wallet Account or the cryptocurrency wallet associated therewith; and

(b) in relation to your Card, means your Card number, your card verification value (CVV) or card verification code (CVC), your PIN and other security details associated with your Card (including your date of birth).

1.18 “Customer Information” means all information which you provide to TenX in connection with these Terms, the Card Issuer Terms and/or your use of the Card, including information which relates to a Card Transaction or TenX Wallet Transaction, information which identifies or which relates to you, whether true or not, and information collected, used and/or disclosed in accordance with these Terms, the Card Issuer Terms and the Policies.


1.19 “Directive” has the meaning ascribed thereto on the first (1st) page of these Terms.

1.20 “Directive Transpositions” has the meaning ascribed thereto on the first (1st) page of these Terms.

1.21 “Eligible Countries” means a country in which the Card Issuer is permitted by the applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), or has obtained the necessary approvals or consents from the relevant regulatory authority, and is permitted by the relevant card network and/or such other relevant person, to issue a prepaid card to you under a card scheme and programme, including the card scheme and programme administered by TenX and/or the Card Issuer.

1.22 “Exchange” means an online platform, such as Bittrex, Liqui, Gate.io, Gatecoin and Kraken, which provides services to allow users of such platform to store, send, receive, buy, sell, convert and/or trade certain virtual currencies, cryptographic tokens and/or other digital assets or derivative instruments associated with virtual currencies, cryptographic tokens and/or digital assets into other forms virtual currencies, cryptographic tokens, other digital assets or derivative instruments associated with virtual currencies, cryptographic tokens and/or fiat currencies at such exchange rates as may be determined by such platform, but does not grant any rights to users to export the private key(s) of the cryptocurrency wallet(s) associated with such platform.

1.23 “External Wallet” means an external cryptocurrency wallet of any form, being any cryptocurrency wallet the services and functionalities of which are not offered though a TenX Wallet Account, which:

(a) enables and supports blockchain-based transactions; and

(b) enables its user to receive and hold, at an address of such wallet, any Accepted Assets which are virtual currencies, cryptographic tokens and/or other digital assets and transferred from any other address to such address.

1.24 “Feedback” has the meaning ascribed thereto in Paragraph 2.1 below.

1.25 “Fee Payment Asset(s)” means such Accepted Asset(s) as may be designated by TenX for use for payment by you of any fees as referred to in Paragraph 17 below, with such Accepted Asset(s) being as indicated in Annex 1 hereto and subject to change from time to time by TenX at its sole and absolute discretion.

1.26 “Force Majeure Event” means any event or circumstance the occurrence and the effect of which TenX is unable to prevent and avoid notwithstanding the exercise of reasonable foresight, diligence and care on the part of TenX.

1.27 “Indemnified Parties” means TenX, the Card Issuer, the relevant card network and each of their respective directors, officers, employees, suppliers, vendors, licensors, agents and representatives.


1.28 “Losses” means all losses, liabilities, costs, damages, claims, expenses (including legal fees, costs and expenses on a full indemnity basis), compensation, demands, actions and proceedings, howsoever arising, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, and whether direct, indirect or consequential.


1.29 “Merchant” means a retailer or any other person which accepts the use of the Card for payment for its goods and services.

1.30 “PIN” means your personal identification number associated with your Card.

1.31 “Privacy Policy” means the current version of the personal data protection and privacy policy of TenX published and made available to the public by TenX on the TenX Website.


1.32 “Policies” has the meaning ascribed thereto on Page 1 above.

1.33 “Relevant ATM” means an automated teller machine which accepts the Card for withdrawals (in the relevant fiat currency) of amounts of the Available Balance at the time of such withdrawal.

1.34 “SMS” means a Short Message Service.


1.35 “TenX” means, collectively:

(a) TenX SG;

(b) TenX UK;

(c) TenX US; and/or

(d) in the case where you may have access to any part of the TenX Services provided by any other related corporation(s) (as defined in the Companies Act (Cap. 50) of Singapore) of TenX SG, TenX UK or TenX US, such other related corporation(s).

1.36 “TenX SG” means TenX Pte. Ltd. (Company Registration Number 201525701M), being a company incorporated in Singapore.

1.37 “TenX US” means TenX Technologies, Inc. (File Number 171116000224), being a company incorporated in the state of New York, the United States.

1.38 “TenX UK” means TenX Tech Limited (Company Number 10767334), being a related corporation (as defined in the Companies Act (Cap. 50) of Singapore) of TenX incorporated in the United Kingdom.

1.39 “TenX Services” means, collectively, the services provided by TenX to users for:

(a) use of the Card to carry out Card Transactions; and

(b) use of the TenX Wallet Account through the TenX Wallet App to carry out TenX Wallet Transactions,

with the scope of such services being subject to such additions, variations and/or limitations as may be determined and implemented by TenX from time to time.

1.40 “TenX Wallet App” means the application(s) for mobile devices and/or the web application operated and maintained by or on behalf of TenX, whether jointly with any other persons or otherwise, through which part of the TenX Services are offered and may be accessed and used, and shall include any derivation or upgrade of such applications as may be made available by TenX, whether jointly with any other persons or otherwise, from time to time.


1.41 “TenX Wallet Account” means such account registered and maintained by you with TenX:


(a) through which you may, amongst others, effect, obtain and have access to such extent of the TenX Services in connection with the TenX Wallet App;

(b) for purposes of facilitating your holding of the Accepted Assets in or with such account; and

(c) for purposes of facilitating the use of your Available Balance in such account by you to carry out Card Transactions or TenX Wallet Transactions,

subject to and in accordance with these Terms (including the Policies).

1.42 “TenX Wallet Transaction” means a transaction for the transfer of Accepted Asset(s) which are virtual currencies, cryptographic tokens and/or other digital assets to and from address(s) associated with a TenX Wallet Account on the relevant blockchain(s), subject to and in accordance with these Terms (including the Policies).

1.43 "TenX Website” means the Internet website of TenX as accessible at https://www.tenx.tech/ or such other URL as may be designated by TenX;

1.44 “Terms” means these terms and conditions, as may be amended, modified or supplemented from time to time.


1.45 “Third-Party Content” has the meaning ascribed thereto in Paragraph 29.7 below.

1.46 “Unsupported Assets” has the meaning ascribed thereto in Paragraph 10.10 below.

1.47 “User Content” has the meaning ascribed thereto in Paragraph 4.3 below.

1.48 The headings or titles to the Paragraphs in these Terms are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of these Terms.


1.49 Where the context so admits, the singular shall include the plural and words in the masculine gender shall include the feminine gender and/or neuter gender and vice-versa.

1.50 Any reference in these Terms to any Paragraph shall be construed as a reference to the paragraphs of these Terms unless otherwise expressly stated.


1.51 The words “include” or “including” in these Terms shall be deemed to be followed by “without limitation” or “but not limited to” whether or not they are followed by such phrases or words of like import.


1.52 Any reference in these Terms to any person shall be construed as a reference also to such person’s successors and assigns.


1.53 The provisions of these Terms which relate to the Card and the Card Issuer Terms shall be applicable to you to you in the event that you apply for, receive, possess and/or use the Card. In the case that you use only a TenX Wallet Account through the TenX Wallet App or such other part of the TenX Services without applying for, possessing or using the Card, the provisions of these Terms which relate to the Card and the Card Issuer Terms shall not be applicable to you.



2. FEEDBACK AND DETERMINATIONS


2.1 To contact TenX in connection with any matter relating to your use of the Card, or to submit questions, comments, suggestions, ideas, original or creative materials or other information (collectively, the “ Feedback”), you may write to TenX in English (and no other language) in accordance with Paragraph 28 below.


2.2 Subject to the applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions) and Paragraph 28 below:

(a) any determination, decision or opinion of TenX (whether in response to any Feedback or otherwise) under or as envisaged in any provision in these Terms shall be made or held in the sole and absolute discretion of TenX;

(b) TenX shall not be required to provide any reason or explanation for any of its determinations, decisions and opinions (whether in response to any Feedback or otherwise); and

(c) in the event that TenX nevertheless provides any reason or explanation for any of its determinations, decisions or opinions (whether in response to any Feedback or otherwise), such reason or explanation shall not be binding on TenX, and such reason or explanation does not constitute any representation, warranty or undertaking by TenX (as to any future action or otherwise).



3. APPLICATION FOR CARD, REGISTRATION FOR TENX WALLET ACCOUNT AND ELIGIBILITY


3.1 In order to be eligible to apply for a Card, you shall be a resident of or domiciled in an Eligible Country. In order to be eligible to register for a TenX Wallet Account or apply for a Card, you shall be at least eighteen (18) years of age, have full power and capacity to accept these Terms and perform all of your obligations hereunder as principal and for your own benefit, and not acting on the instructions of, or as nominee or agent for or on behalf of any other person (unless you are not a consumer (which means that, for example, the TenX Wallet Account and the Card are intended to be used for purposes of professional trading or conducting regular business activity) and you are registering for a TenX Wallet Account and/or applying for a Card for or on behalf of a corporation, in which case Paragraphs 3.2A and 3.2B below would be applicable to you).

3.2 You shall provide all such Customer Information as may be requested by TenX and deemed by TenX to be necessary for all of the purposes as set out in the Privacy Policy and Paragraph 7 below. TenX and/or the Card Issuer reserve(s) the right, at its sole and absolute discretion, to reject any application for a Card. TenX reserves the right, at its sole and absolute discretion, to reject any registration for a TenX Wallet Account. You further represent and warrant to TenX in registering for a TenX Wallet Account and/or to TenX and/or the Card Issuer in applying for a Card that you are not acting on the instructions of, or as a nominee or agent for or on behalf of any other person (unless you are not a consumer (which means that, for example, the TenX Wallet Account and the Card are intended to be used for purposes of professional trading or conducting regular business activity) and you are registering for a TenX Wallet Account and/or applying for a Card for or on behalf of a corporation, in which case Paragraphs 3.2A and 3.2B below would be applicable to you). If you are a resident of a country outside of the EEA or North America, you may have access to an alternative service provided by a related corporation (as defined in the Companies Act (Cap. 50) of Singapore) of TenX SG in your country (if applicable). TenX may, at its sole and absolute discretion, restrict or prohibit use of all or part of the TenX Services in all or certain countries, territories, or jurisdictions outside your country of residence or domicile as asserted at the time of registration for the TenX Wallet Account and/or application for the Card. You represent and warrant that your country of residence or domicile is and remains the same as that which you had asserted at the time of registration for the TenX Wallet Account and/or application for the Card.

3.2A In the case where you are not a consumer (which means that, for example, the TenX Wallet Account and the Card are intended to be used for purposes of professional trading or conducting regular business activity) and are registering for a TenX Wallet Account and/or applying for a Card for or on behalf of a corporation:

(a) TenX shall determine, in its sole and absolute discretion, whether or not to approve of your registration for a TenX Wallet Account or application for a Card, and in the case where your registration or application is approved by TenX, TenX shall consider you as a “Business Customer” and your TenX Wallet Account as a “ Business Account”;

(b) you represent and warrant that such corporation is duly incorporated and validly existing under the applicable laws, rules and regulations;

(c) you represent and warrant that you are duly authorised to agree with and accept these Terms for and on behalf of a corporation and procure the performance by such corporation of all obligations hereunder; and

(d) all references to “you” in these Terms shall refer to such corporation.

3.2B In the case where you are approved by TenX as a Business Customer and your TenX Wallet Account is approved as a Business Account, certain provisions of the Directive or the Directive Transpositions may not be applicable to your use of the TenX Services. Further, in such case, you agree with and accept all of the following:

(a) you shall not be entitled to a refund for pre-approved payments (for example, payment transactions initiated by a payee (i.e. a Merchant));

(b) where you identify a Card Transaction or a TenX Wallet Transaction which is the subject of inappropriate or unauthorised disclosure of and/or use of your Card, your TenX Wallet Account and/or your Credentials, or any manifest or obvious technical and/or system failure and/or error at any stage of a TenX Wallet Transaction, you shall have up to sixty (60) days from the date of such Card Transaction or TenX Wallet Transaction, to notify TenX and/or the Card Issuer of the same in accordance with Paragraph 28 below, after which TenX shall have no obligation to investigate or act upon your notification;

(c) you agree that while you may request for such additional information as may be referred to in Chapter 3 of the Directive and the Directive Transpositions, to the extent applicable to you, TenX and/or the Card Issuer is/are not obliged to provide you with such additional information; and

(d) you further agree that Articles 72 and 89 of the Directive and the Directive Transpositions do not apply to your use of the TenX Services (i.e., notwithstanding any other provision of these Terms, TenX is not liable to you for any Losses which you may suffer as a result of the matters referred to in Chapter 3 and Articles 72 and 89 of the Directive and the Directive Transpositions).

3.3 If you have successfully registered for a TenX Wallet Account and/or applied for a Card and thereafter register for a second (2nd) TenX Wallet Account or apply for a second (2nd) Card using the same Customer Information as previously provided by you in respect of your registration for your initial TenX Wallet Account or application for your initial Card, TenX reserves the right not to approve the registration of such second (2nd) TenX Wallet Account and/or your application for such second (2nd) Card, and you may be required to access and use only your previously approved TenX Wallet Account or Card. If your previous registration for a TenX Wallet Account and/or previous application for a Card was rejected by TenX, or TenX had previously closed your TenX Wallet Account and/or terminated your Card, you may not be able to reapply for a new TenX Wallet Account and/or Card.

3.4 Subject to Paragraph 17, upon an approval by TenX of your application for a Card, you shall pay to TenX the issuance fee (with the generally applicable issuance fee being as set out in Annex 2 hereto for reference only) and all other fees associated with such issuance in order to receive the Card, with the amount of such fees being subject to change by TenX at its sole and absolute discretion.

3.5 Upon an approval by TenX of your application for a Card and receipt by TenX of the issuance fee and all other fees associated with such issuance:

(a) the Card shall be issued to you on the basis of all of the Customer Information provided in your application; and

(b) the Card shall be delivered to the address designated by you in your application for the Card as soon as practicable the date of TenX’s approval of your application for the Card.

3.6 Upon your receipt of the Card, you shall immediately sign in the field designated for your signature on the back of the Card.

3.7 Prior to using the Card for any Card Transaction, you shall read all of the instructions delivered together with the Card carefully and activate the Card by following such instructions. By proceeding to use the Card for any Card Transaction, you are deemed to have fully understood all of such instructions.

3.8 You may view your PIN by logging into your TenX Wallet Account through the TenX Wallet App and you may change your PIN at any Relevant ATM which offers services for such change of PIN.



4. ACCOUNT INFORMATION AND USER CONTENT


4.1. You can review the Customer Information provided by you to TenX and make any desired changes to certain Customer Information, or to the settings for your TenX Wallet Account, at any time by logging into your TenX Wallet Account through the TenX Wallet App, accessing your profile therein and changing your preferences therein. You can also close your account in accordance with Paragraph 19 below.

4.2. Unless your access to your TenX Wallet Account is restricted (for example, due to any suspicions of inappropriate or unauthorised disclosure of and/or use of your Card, your TenX Wallet Account and/or your Credentials or a very prolonged period of inactivity), you may access selected details of executed Card Transactions and TenX Wallet Transactions, selected parts of your Customer Information and selected details of your Available Balance by logging into your TenX Wallet Account through the TenX Wallet App. Selected information relating to your Card Transactions and TenX Wallet Transactions will also be provided to you via email. You can also access the transaction history of your Card and your TenX Wallet Account by logging into your TenX Wallet Account through the TenX Wallet App. You will also be able to access a downloadable report via your TenX Wallet Account, including all fees payable by and charged to you in the relevant period. In addition to the standard information made available by TenX to all users, you have the right to request for access to your additional Customer Information that we hold. If we receive such request from you, we shall handle your request in accordance with the Privacy Policy.

4.3 The TenX Services may include parts thereof which allow you to create, post, upload, share or store content, including, but not limited to, photos, videos, sound, text, graphics, code, items or other information and materials (collectively, your “User Content”). You are solely responsible for any of the User Content created, posted, uploaded, shared or stored by you and for your use of any interactive features of the TenX Services. You will not create, post, share or store any User Content that:

(a) is unlawful, libelous, defamatory, obscene, pornographic, sexually suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

(b) would constitute, encourage or provide instructions for a criminal offense, violate or infringe the rights of any party (including intellectual property rights or rights of publicity or privacy), otherwise create liability or violate any local, state, national or international law;

(c) contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

(d) contains personally identifiable information about any person without that person’s consent;

(e) impersonates, or misrepresents your affiliation with, any person or entity (including TenX or the Card Issuer);

(f) refers to or depicts TenX or the TenX Services but fails to disclose any material connection to TenX or the TenX Services which may exist;

(g) contains any unsolicited promotions, political campaigning, advertising or solicitations;

(h) contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or

(i) in TenX’s sole judgment, is objectionable or that restricts or inhibits any other person from accessing and using the TenX Services, or that may expose TenX, the Card Issuer or any other person to any harm or liability of any type.

4.4 TenX does not endorse any User Content that is created, posted, uploaded, shared or stored by you in or through any part of the TenX Services. TenX shall not be responsible or liable for any User Content. Although TenX is under no obligation to screen, edit or monitor User Content, TenX reserves the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason. You are solely responsible for creating backup copies of and replacing any User Content you create, post, upload, share or store in or through any part of the TenX Services at your sole cost and expense.



5. RIGHTS TO FEEDBACK AND USER CONTENT


5.1 To the maximum extent permitted by the applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), and in accordance with the Privacy Policy, TenX shall be entitled to retrieve and collect, use and disclose any Feedback provided by you to TenX or User Content created, posted, uploaded, shared or stored by you in connection with any part of the TenX Services. TenX shall be entitled to collect, use or disclose any Feedback provided by you to TenX and any User Content created, posted, uploaded, shared or stored by you in connection with any part of the TenX Services for the purposes set out in the Privacy Policy.

5.2 To the maximum extent permitted by the applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), and in accordance with the Privacy Policy, TenX shall be entitled to retain all Feedback and User Content it receives for as long as is necessary to fulfil the purposes for which they were collected.


5.3 In the event that you wish to withdraw your consent given under this Paragraph after your Feedback has been provided to TenX or after your User Content has been created, posted, uploaded, shared or stored by you in connection with any part of the TenX Services, you are required to notify TenX of such withdrawal of consent in accordance with Paragraph 28 below, whereupon TenX shall be entitled to take such action, or procure to be taken any such action, as TenX may consider appropriate arising from or in connection with such withdrawal of consent.

5.4 You agree to grant TenX a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sub-licenseable right to use, reproduce, create derivative works of, distribute, publicly perform and publicly display all Feedback and User Content for any purpose which TenX deems fit (including the copying, transaction, distribution and publication thereof). You represent and warrant that you own all intellectual property rights (or have obtained all necessary rights) to provide your Feedback or create, post, upload, share or store User Content in connection with any part of the TenX Services and to grant TenX the foregoing license(s).



6. RESPONSIBILITY TO MAINTAIN SECRECY AND SECURITY OF CREDENTIALS


6.1. TenX is committed to handling all Customer Information provided by you to TenX with high standards of information security.

6.2. Your email address, your Credentials, other Customer Information which you provide to TenX and certain additional authentication methods will be used to access the TenX Services (including your TenX Wallet Account and your Card) and to initiate communications with TenX in accordance with Paragraph 28 below. You may also be prompted to answer several security questions.

6.3 You shall have the sole responsibility to maintain the secrecy and secure possession of all of your Credentials. You should not disclose your Credentials to any person other than representatives of TenX. While representatives of TenX may request for only information or documents for purposes of verifying your identity and address, they will never request for your password and any other access keys for accessing your TenX Wallet Account or the cryptocurrency wallet associated therewith, or your Card number, your card verification value (CVV) or card verification code (CVC). Accordingly, any email, telephone call or other communication requesting for your password and any other access keys for accessing your TenX Wallet Account or the cryptocurrency wallet associated therewith, or your Card number, your card verification value (CVV) or card verification code (CVC) should be treated as unauthorised and suspicious, and notified to TenX and/or the Card Issuer in accordance with Paragraph 28 below for further review or investigation.

6.3. If you do share your Credentials with a third party for any reason, including for the reason that the third party has promised to provide you with additional services such as account aggregation or information services, such third party will have access to and use your TenX Wallet Account, the Customer Information provided by you to TenX and your Card. You may also be responsible for any other actions taken by such third party using your Credentials. Granting permission to any third party in any way does not relieve you of any of your responsibilities, obligations and liabilities under these Terms or the Card Issuer Terms.

6.4 In the event that you discover, suspect or have reason to believe that there has been any TenX Wallet Transaction or Card Transaction arising from or in connection with any loss, theft, or inappropriate or unauthorised disclosure of and/or use of your Card, your TenX Wallet Account and/or your Credentials, you shall immediately:

(a) notify TenX of such TenX Wallet Transaction or Card Transaction (as the case may be), such loss, theft, inappropriate or unauthorised disclosure, access or use and provide such other Customer Information as may be requested by TenX in relation to such TenX Wallet Transaction or Card Transaction (as the case may be) in accordance with Paragraph 28 below; and

(b) through the TenX Wallet App, access your TenX Wallet Account, block or lock your Card and disable all uses of your Card and your TenX Wallet Account for any further transactions.

Where required, you shall promptly take such steps as may be prescribed by TenX and/or the Card Issuer in relation to such loss, theft, inappropriate or unauthorised disclosure, access or use, including the making of a police report accompanied by written confirmation of such loss, theft, inappropriate or unauthorised disclosure, access or use and any other information that TenX and/or the Card Issuer may require.

6.5 Subject to these Terms and to the maximum extent permitted by all applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), TenX shall be entitled to deduct the Available Balance of your TenX Wallet Account for all Card Transactions and/or TenX Wallet Transactions carried out before TenX is notified of such TenX Wallet Transaction or Card Transaction (as the case may be) or such loss, theft, inappropriate or unauthorised disclosure, access or use in accordance with Paragraph 28 below, even if such transactions were carried out without your authorisation.


6.6 You hereby acknowledge and agree that you shall have no right(s), claim(s) or cause(s) of action in any form or manner against TenX in the event of any loss, theft, or inappropriate or unauthorised disclosure of and/or use of your Card, your TenX Wallet Account and/or your Credentials. You further acknowledge and agree that you will not hold TenX responsible for, and will indemnify TenX from, any Loss of TenX arising from the actions or inactions of an unauthorised third party in connection with the permissions granted by you to such unauthorised third party.

6A. DISPUTED TENX WALLET TRANSACTIONS

In the event that TenX is notified by you of any TenX Wallet Transaction which you discover, suspect or have reason to believe to be arising from or in connection with any loss, theft, or inappropriate or unauthorised disclosure of and/or use of your TenX Wallet Account and/or your Credentials in relation to your TenX Wallet Account, or any manifest or obvious technical and/or system failure and/or error at any stage of a TenX Wallet Transaction:

(a) TenX may, subject to the applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), investigate such TenX Wallet Transaction and determine, whether or not to provide a refund of the deducted amount of the Available Balance of your TenX Wallet Account which are the subject of such TenX Wallet Transaction;

(b) during the period of any such investigation, the deducted amount of the Available Balance of your TenX Wallet Account which are the subject of such TenX Wallet Transaction shall be unavailable for use in connection with any other TenX Wallet Transaction or Card Transaction; and

(c) in the case where TenX determines to provide any such refund, TenX shall provide a refund to your TenX Wallet Account of the deducted amount of the Available Balance of your TenX Wallet Account which are the subject of such TenX Wallet Transaction.

In the case where TenX receives additional information in relation to such TenX Wallet Transaction after a refund of the deducted amount of the amount of the Available Balance of your TenX Wallet Account have already been provided to you and TenX determines, in its sole and absolute discretion and based on such additional information, that you shall not be entitled to receive such refund, the refunded amount of Available Balance shall be re-deducted. In the event that your Available Balance is insufficient for such re-deduction, you agree to reimburse TenX, upon request, for the value of the TenX Wallet Transaction in excess of your Available Balance in such fiat currency, Accepted Asset or any other form as may be requested by TenX.

6B. DISPUTED CARD TRANSACTIONS

Subject to the Card Issuer Terms, in the event that TenX is notified by you of any Card Transaction which you discover, suspect or have reason to believe to be arising from or in connection with any loss, theft, or inappropriate or unauthorised disclosure of and/or use of your Card and/or your Credentials in relation to your Card, or any manifest or obvious technical and/or system failure and/or error at any stage of a Card Transaction:

(a) TenX may provide to the Card Issuer all relevant information in relation to such Card Transaction and other Customer Information provided by you to TenX for the purposes of allowing the Card Issuer to investigate such Card Transaction;

(b) provided that TenX and/or the Card Issuer is satisfied that you have made all reasonable efforts to resolve the dispute in relation to such Card Transaction with the Merchant with which such Card Transaction was made, TenX and/or the Card Issuer may, subject to the applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), investigate such Card Transaction and determine, whether or not to provide a refund of the deducted amount of the Available Balance of your TenX Wallet Account which is the subject of such Card Transaction;

(c) during the period of any such investigation, the deducted amount of the Available Balance of your TenX Wallet Account which is the subject of such Card Transaction shall be unavailable for use in connection with any other TenX Wallet Transaction or Card Transaction; and

(d) in the case where TenX and/or the Card Issuer determines to provide a refund of the value of such Card Transaction, TenX shall provide a refund to your TenX Wallet Account of the deducted amount of the Available Balance of your TenX Wallet Account which is the subject of such Card Transaction.

Subject to the Card Issuer Terms, in the case where TenX and/or the Card Issuer receive(s) additional information in relation to such Card Transaction after a refund of the deducted amount of the amount of the Available Balance of your TenX Wallet Account has already been provided to you and TenX and/or the Card Issuer determines, based on such additional information, that you shall not be entitled to receive such refund, the refunded amount of Available Balance shall be re-deducted. In the event that your Available Balance is insufficient for such re-deduction, you agree to reimburse TenX, upon request, for the value of the Card Transaction in excess of your Available Balance in such fiat currency, Accepted Asset or any other form as may be requested by TenX.



7. COLLECTION, USE AND DISCLOSURE BY TENX OF CUSTOMER INFORMATION


7.1 Subject to the applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions) and the Policies (including the Privacy Policy), TenX shall be entitled to request for, retrieve and collect, use and disclose any and all Customer Information, in the manner and for the purposes set out in the Policies.

7.2 TenX may make, directly or indirectly, any inquiries which it considers necessary to validate Customer Information provided by you to TenX, including without limitation searches of or references to commercial databases, population registers or credit reports. You hereby agree to authorise TenX to obtain one or more of your credit reports, from time to time, to establish, update, or renew your TenX Wallet Account and/or Card or in the event of a dispute relating to these Terms, activity of your TenX Wallet Account and/or your Card.

7.3 While TenX will take steps to verify the identity of users of the TenX Services, TenX cannot and does/do not provide any assurance or guarantee of any user identity. You shall be solely responsible for taking any and all appropriate steps to verify the identity of other users of the TenX Services and any other person with whom you transact using any part of the TenX Services.

7.4 You hereby agree to:

(a) provide accurate, current and complete Customer Information in relation to your identity, location and other matters in connection with your registration for a TenX Wallet Account, application for a Card or use of any part of the TenX Services;

(b) keep all Customer Information provided by you to TenX updated at all times;

(c) immediately notify TenX if you change your country of residency or domicile or if there are any other changes to any other Customer Information provided by you to TenX;

(d) not use a password for your TenX Wallet Account that you have already used for an account maintained with any other website or any other service provider;

(e) not use a PIN for your Card that you have already used for another virtual or physical card issued outside of these Terms;

(f) protect and maintain the security of your access to your TenX Wallet Account, your Card and/or the Credentials, by undertaking all appropriate measures and performing all of your obligations as set out in Paragraph 6 below; and

(g) immediately notify TenX if you discover or otherwise suspect any inappropriate or unauthorised disclosure of and/or use of your TenX Wallet App and/or your Card.

7.5 TenX may engage the services of third party service providers for the purposes set out in the Policies and the purposes as set out in sub-Paragraphs 7.1(a) to (g) above. Subject to the applicable laws, regulations, rules, directions, orders and requirements and the Policies (including the Privacy Policy), such third party service providers shall be entitled to collect, use and disclose, any and all such Customer Information, in the manner and for the purposes set out in the Policies.



8. USE OF TENX WALLET APP AND TENX WALLET ACCOUNT


Subject to these Terms (including the Policies), you shall be entitled to access your TenX Wallet Account through your TenX Wallet App to:

(a) hold the Accepted Assets; or

(b) carry out TenX Wallet Transactions.



9. USE OF CARD


9.1 The Card is a prepaid card. Subject to these Terms (including the Policies) and the Card Issuer Terms, you shall be entitled to use the Card to make a Card Payment to purchase goods or services from Merchants from time to time prior to the expiry date of the Card and after your activation of the Card. To the maximum extent permitted by all applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), TenX shall have the right, at any time in its sole and absolute discretion, to reject any use of your Card for any Card Payment, refuse to authorise any Card Payment, or impose lower limits for Card Payments than the Card Limits prescribed by TenX and/or the Card Issuer as being applicable to your use of your Card. Please note that a Merchant may impose additional fees associated with a Card Payment and any such additional fees shall be payable by and charged to you.

9.2 Subject to these Terms (including the Policies) and the Card Issuer Terms, you shall be entitled to make a Card Withdrawal from a Relevant ATM with your PIN. Please note that such Relevant ATM shall be entitled to impose lower limits for Card Withdrawals than the Card Limits prescribed by TenX and/or the Card Issuer and notified to you as being applicable to your use of your Card and additional fees associated with a Card Withdrawal may be charged by the operator or provider of such Relevant ATM and any such additional fees shall be payable by and charged to you.

9.3 Any use by you of the Card shall be governed by these Terms (including the Policies) between you and TenX, and the Card Issuer Terms between you and the Card Issuer. Where applicable, any use by you of the Card is subject further to the Policies.

10. EXECUTION OF TENX WALLET TRANSACTIONS AND CARD TRANSACTIONS

10.1 When you instruct TenX to process and complete a TenX Wallet Transaction or a Card Transaction, you agree and accept that you authorise TenX to execute such transaction immediately (unless otherwise stated) in accordance with your instructions and, subject to Paragraph 17 below, charge you any applicable fees associated therewith. You represent and warrant that any Customer Information you provide to TenX in connection with a TenX Wallet Transaction or a Card Transaction is accurate and complete.

10.2 You further agree and accept that any duly authorised instruction by you to TenX to process and complete any TenX Wallet Transaction or Card Transaction cannot be reversed, changed, withdrawn or cancelled, unless such reversal, change, withdrawal or cancellation is reasonably practicable and specifically permitted or required by the applicable laws, regulations, rules, directions, orders and requirements. Notwithstanding the foregoing of this Paragraph, TenX reserves the right to take actions or measures in relation to any TenX Wallet Transaction or Card Transaction to correct any technical and/or system failure and/or error.

10.3 Completion of a TenX Wallet Transaction or a Card Transaction (to the extent that it is blockchain-based) may be deferred for a certain period of time until an adequate number of confirmations have been received on the relevant blockchain. During such period of deferment, the amount of the Available Balance of your TenX Wallet Account which is subject to such confirmations shall be unavailable for use in connection with any other TenX Wallet Transaction or Card Transaction.

10.4 A TenX Wallet Transaction or a Card Transaction (to the extent that it is blockchain-based) shall not be deemed to be complete or reflected through the Available Balance of your TenX Wallet Account or the relevant blockchain until such adequate number of confirmations has been received and confirmed by TenX.

10.5 TenX may, at any time and to the maximum permitted by the applicable laws, regulations, rules, directions, orders and requirements, pause, refuse to process or complete any TenX Wallet Transaction or Card Transaction as instructed by you, impose limits on the value or type of such transaction or impose any other conditions or restrictions on your access to and use of the TenX Services.

10.6 It shall be your sole responsibility to keep track of and monitor your activity for TenX Wallet Transactions or Card Transactions.

10.7 It shall be your sole responsibility to ensure that the Available Balance of your TenX Wallet Account is sufficient to cover the full amount required for an intended TenX Wallet Transaction or a Card Transaction and all fees associated therewith, which shall be payable by you upon initiation of a TenX Wallet Transaction or a Card Transaction. It shall also be your sole responsibility to ensure that the amount of your Fee Payment Assets (being amongst your Accepted Assets) is sufficient to cover the full amount required for the payable fees as referred to in Paragraph 17 below.

10.8 If you attempt to initiate, or if TenX is instructed by you to process or complete, a transaction at a time when the Available Balance of your TenX Wallet Account or the amount of your Fee Payment Assets (being amongst your Accepted Assets) is insufficient to cover the full amount required for such transaction and all fees associated therewith or the full amount required for the payable fees as referred to in Paragraph 17 below (as the case may be), such transaction in most instances will be declined. However, in the event that due to a system malfunction or any other reason, such transaction is successful or completed (or partially successful or completed) notwithstanding that the Available Balance of your TenX Wallet Account and/or the amount of your Fee Payment Assets (being amongst your Accepted Assets) are insufficient for such transaction and all fees associated therewith, you agree to reimburse TenX, upon request, for the amount of the transaction in excess of your Available Balance and/or the amount of payable fees in excess of the amount of the amount of your Fee Payment Assets (being amongst your Accepted Assets) in such fiat currency, Accepted Asset or any other form as may be requested by TenX.


10.9 It is your sole responsibility to confirm the list of virtual currencies, cryptographic tokens, other digital assets and/or fiat currencies which are Accepted Assets and Fee Payment Assets. Any virtual currencies, cryptographic tokens, other digital assets and/or fiat currencies other than the Accepted Assets (the “ Unsupported Assets”) which are sent to your TenX Wallet Account may be lost, destroyed or not returned to you. While you may request for TenX’s assistance to retrieve any such Unsupported Assets which are sent to your TenX Wallet Account, TenX is under no obligation to provide such assistance. Additionally, there may be fees payable by and chargeable to you if TenX provides any such assistance to retrieve the Unsupported Assets for return to you.

10.10 In the event of any airdrop, fork, hack, mining attack (including but not limited to double-spend attacks, majority mining power attacks and “selfish-mining” attacks), cyber-attack, distributed denials of service, technical and/or system failure and/or errors, vulnerability, defect, flaw in programming or source code or any other occurrence resulting in a change in the structure or source code of any blockchain, any determination of whether or not to take any corrective action or measure and the type of corrective action or measure shall be made at the sole and absolute discretion of the TenX. TenX does not bear any liability in the event that you or a third party incurs any Losses as a result of any airdrop, fork, hack, mining attack (including but not limited to double-spend attacks, majority mining power attacks and “selfish-mining” attacks), cyber-attack, distributed denials of service, technical and/or system failure and/or error, vulnerability, defect, flaw in programming or source code or any other occurrence resulting in a change in the structure or source code of any blockchain, or lack of corrective actions or measures taken by TenX or if TenX decides to cease its support of Accepted Assets with the TenX Wallet App.

10.11 To the maximum extent permitted by all applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), TenX shall be entitled, at any time in its sole and absolute discretion, to determine and vary the types of TenX Wallet Transactions and Card Transactions that may be carried out with your TenX Wallet Account through the TenX Wallet App and the Card and the list of Merchants which are participating in the relevant card scheme and programme administered by TenX and/or the Card Issuer and under which the Card Issuer is permitted to issue prepaid cards.

10.12 Without prejudice to any other provision of these Terms and to the maximum extent permitted by all applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), TenX will treat any grant by you to another person of access to your Credentials as your authorisation of use of your Card and you will be liable for all TenX Wallet Transactions and Card Transactions and fees incurred by such person, and you shall be wholly responsible for all such TenX Wallet Transactions and Card Transactions.




11. PROLONGED INACTIVITY


In the event of very prolonged period inactivity in respect of your TenX Wallet Account and the Available Balance of your TenX Wallet Account is positive, TenX shall attempt to contact you with such contact details based on the Customer Information provided by you to TenX. However, if TenX is unable to contact you, the applicable laws, rules, regulations, directions, orders or requirements may require TenX to report such Available Balance as unclaimed property to the applicable regulatory authority or law enforcement body and deliver the Accepted Assets comprising such Available Balance to the applicable jurisdiction as unclaimed property. To the maximum extent permitted by all applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), TenX reserves the right to deduct such amounts of the Available Balance of your TenX Wallet Account for administrative fees in connection with such prolonged period of inactivity, such attempt to contact you and/or such report.



12. RESPONSIBILITY FOR USE OF EXTERNAL WALLETS


12.1 You shall be solely responsible for your use of any External Wallet and your compliance with any and all applicable terms and conditions which are prescribed by the provider of the services of such External Wallet. TenX shall not be responsible for any access to or use of any External Wallet. You agree and accept that in the event that the security of your External Wallet is compromised in any manner, you shall not be entitled to receive from TenX, and TenX shall not be obliged to provide, any refunds in respect of any loss, theft, or inappropriate or unauthorised disclosure of and/or use of such External Wallet or the credentials for accessing such External Wallet.

12.2 The amount of time required to process and complete a TenX Wallet Transaction or a Card Transaction (to the extent that it is blockchain-based) involving an address of an External Wallet will depend in part upon the performance of third parties (including the provider of the services of such External Wallet), and TenX does not provide any kind of assurance of the amount of time required to process and complete such TenX Wallet Transaction.

12.3 In some cases, the provider of the services of such External Wallet may reject a TenX Wallet Transaction. TenX shall not be responsible for such rejections or any Losses in connection therewith.



13. PROHIBITED USES OF TENX WALLET, ACCOUNT AND CARD


13.1 You hereby agree that you shall not use any part of the TenX Services to conduct, pay for or facilitate activities that:

(a) violate any applicable law, regulation, rule, direction, order or requirement;

(b) relate to transactions involving:

(i) narcotics, steroids, certain controlled substances or other products that present a risk to human safety;

(ii) drug paraphernalia;

(iii) items that encourage, promote, facilitate or instruct others to engage in illegal activity;

(iv) stolen or pirated goods including digital and virtual goods or items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;

(v) the promotion of hate, violence, racial intolerance, or the financial exploitation of a crime;

(vi) items that are considered obscene;

(vii) certain sexually oriented materials or services; or

(viii) ammunition, firearms, or certain firearm parts or accessories, or certain weapons or knives regulated under applicable law; or

(c) relate to transactions that:

(i) show the personal information of third parties in violation of any applicable law, regulation, rule, direction, order or requirement;

(ii) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs;

(iii) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card;

(iv) are by payment processors to collect payments on behalf of Merchants;

(v) involve certain credit repair, debt settlement services, credit transactions or insurance activities; or

(vi) involve offering or receiving payments for the purpose of bribery or corruption.

13.2 Further, you agree that you shall not:

(a) use any part of the TenX Services or allow a third party to use any part of the TenX Services to commit fraud or otherwise violate the law;

(b) engage in conduct that is harassing, threatening, intimidating, or stalking, or that TenX otherwise deems objectionable;

(c) engage in conduct or an act of fraud, extortion or blackmail, that seeks to disseminate falsehoods about the TenX or otherwise harm the TenX’s reputation and credibility using deception;

(d) use any part of the TenX Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the TenX Services or that could damage, disable, overburden or impair the functioning of any part of the TenX Services in any manner;

(e) use any part of the TenX Services to deliberately steal the assets of another user, TenX, or affiliated companies, through replay attacks, etc.

(f) reverse engineer any aspect of any part of the TenX Services or apply any other process or procedure to derive the source code of any software included in any part of the TenX Services (unless otherwise permitted by any applicable law, regulation, rule, direction, order or requirement);

(g) violate, infringe or misappropriate any intellectual property right, of other third parties, or commit a tort;

(h) reproduce (other than standard website page caching), create derivative works of, publicly perform, publicly display, distribute, sell, rent, lease, timeshare or otherwise commercially exploit any part of the TenX Services;

(i) attempt to bypass or circumvent measures employed to prevent or limit access to any content, area or functionality of any part of the TenX Services;

(j) develop any third-party applications that interact with Services without our prior written consent, except as allowed through the use of the Application Programming Interface (API) of the TenX Wallet App;

(k) use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorised by TenX to access any part of the TenX Services, extract data or otherwise interfere with or modify the rendering of pages or functionality of any part of the TenX Services;

(l) bypass or ignore instructions contained in our robots.txt file that controls automated access to any part of the TenX Services;

(m) use any part of the TenX Services other than for its intended purposes; or

(n) use any part of the TenX Services to engage in or promote any activity that violates these Terms.



14. CARD LIMIT


14.1 Subject to the applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), TenX and/or the Card Issuer may at its/their sole and absolute discretion set certain Card Limit(s) as being applicable to your use of the Card and may vary the Card Limit(s) for different types of Card Transactions.

14.2 You may request for an increase or decrease of the Card Limit(s) applicable to your use of the Card. Any approval of any request for an increase shall be subject to TenX’s and/or the Card Issuer’s determination at its/their sole and absolute discretion based on all of the Customer Information provided by you to TenX. Upon receipt of any request from you to increase the Card Limit(s) applicable to your use of the Card, you shall provide to TenX such additional Customer Information as may be requested by TenX and/or the Card Issuer and deemed by TenX and/or the Card Issuer to be necessary for purposes of determining whether to approve of such increase.

14.3 You shall not at any time carry out or attempt to carry out such Card Transactions the aggregate value of which, or carry out a Card Transaction the value of which, will cause the Card Limit(s) applicable to your use of the Card to be exceeded without TenX’s and/or the Card Issuer’s prior written approval.


14.4 In calculating whether the Card Limit has been exceeded, TenX may take into account the amount of any Card Transaction which has not been deducted from the Available Balance of your TenX Wallet Account, and of any authorisation given by TenX to any person in respect of any prospective Card Transaction(s).



15. CARD EXPIRY


15.1 The expiry date of the Card shall be such date as may be indicated accordingly on the front of the Card. You shall not be entitled to use the Card for any Card Transaction from the expiry date. Unless otherwise notified to you, the Card shall be renewed and a new Card will be sent to you prior to the expiry of any existing Card.

15.2 TenX and/or the Card Issuer reserves the right, at its sole and absolute discretion, not to renew a Card. In the event that TenX and/or the Card Issuer determines not to renew a Card held in your name, TenX and/or the Card Issuer will notify you of the same at least thirty (30) days prior to the expiry date of the Card.



16. TIMES OF ACTUAL DEDUCTION FROM AVAILABLE BALANCE FOR CARD TRANSACTIONS


16.1 In relation to Card Transactions, you acknowledge and accept that, subject to the applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), there may be instances or circumstances in which there are differences between:

(a) the Card Transaction Time; and

(b) the time of actual processing and settlement of the Card Transaction by TenX, the Card Issuer, the Relevant ATM and/or the relevant card network.

16.2 Subject to the applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), the actual amount of the Available Balance of your TenX Wallet Account to be deducted for such Card Transaction shall be the amounts calculated based on the Applicable Exchange Rate at the time of actual processing and settlement of the Card Payment by TenX, the Card Issuer, the Relevant ATM and/or the relevant card network. You acknowledge and accept that such Applicable Exchange Rate may differ from the Applicable Exchange Rate as at the Card Transaction Time and as accessible through your TenX Wallet Account by using the TenX Wallet App immediately before you instruct TenX or the Relevant ATM to proceed with such Card Transaction.



17. PAYABLE FEES


17.1 TenX shall be authorised to deduct the amount(s) of all TenX Wallet Transactions and Card Transactions and any fees as notified by TenX to you in advance (in writing or any other form or manner) as being payable by and chargeable to you under these Terms by way of deduction of the amounts of your Fee Payment Assets (being amongst your Accepted Assets).

17.2 You shall be solely responsible for payment of all fees associated with any TenX Wallet Transactions, Card Transactions or use of any part of the TenX Services.

17.3 To the maximum extent permitted by all applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), TenX shall be entitled to impose the following types of fees which are payable by and chargeable to you:

(a) fee for issuance of a Card to you;

(b) fee for opening of your TenX Wallet Account;

(c) any annual fee in relation to your holding of a TenX Wallet Account or your possession of a Card;

(d) foreign exchange fees associated with Card Transactions;

(e) other transaction fees associated with Card Transactions;

(f) transaction fees associated with TenX Wallet Transactions;

(g) fee for change of PIN of your Card;

(h) card replacement fees; and

(i) the provision by TenX to you of any information under these Terms other than as required by or pursuant to the applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions).

with the schedule of fees payable by and chargeable to you being as set out in Annex 2.

17.4 TenX shall have the right in its sole and absolute discretion to revise the amounts of fees which are payable by and chargeable to you at any time by giving notice of such revision no later than two (2) months before the proposed date of applicability of such revision on the TenX Website, through your TenX Wallet Account via the TenX Wallet App or in any other form or manner deemed appropriate by TenX (which shall constitute good and sufficient notice thereof to you by TenX and shall be deemed to have been received by you on the date of such posting or the making public of such notice (as the case may be)). TenX shall not be required to provide such notice period of two (2) months in the case where such revision is required by the applicable laws, rules, regulations, directions, orders or requirements (including the Directive and the Directive Transpositions). In such instances, such revision will be made without prior notice to you and shall be effective immediately.

17.5 In the event that you do not accept a revision of the amounts of fees which are payable by and chargeable to you, you shall forthwith close your TenX Wallet Account and terminate your Card by notifying TenX of such closure and/or termination in accordance with Paragraphs 19 and 28 below prior to the proposed date of applicability of such revision. Subject further to Paragraph 19 below, you shall remain liable to TenX after your closure and/or termination for any liabilities or charges which you may have incurred and are responsible for prior to your closure and/or termination.

17.6 Where you continue to possess or use your Card or continue to hold or use your TenX Wallet Account after the proposed date of applicability of a revision of the amounts of fees which are payable by and chargeable to you, you shall be deemed to have agreed with and accepted all parts of such revision and have authorised TenX to deduct such revised amounts of fees from the amounts of your Fee Payment Assets (being amongst your Accepted Assets) and the Available Balance of your TenX Wallet Account. In the event that the Available Balance of your TenX Wallet Account and the amount of your Fee Payment Assets (being amongst your Accepted Assets) are insufficient for such transaction and all fees associated therewith which shall be payable by you, you agree to reimburse TenX, upon request, for the amount in excess of the amounts of your Available Balance or the amount of payable fees in excess of the amount of the amount of your Fee Payment Assets (being amongst your Accepted Assets) in such fiat currency or any other form as may be requested by TenX.

17.7 You agree and accept that in the event of a technical and/or system failure and/or error at any stage of a TenX Wallet Transaction or a Card Transaction, TenX shall be authorised to initiate debit or credit entries to your TenX Wallet Account (or any payment instrument or bank account connected thereto) to correct such error, provided that any such correction is subject to all applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions). You agree and accept that if TenX is unable to debit your TenX Wallet Account (or any payment instrument or any bank account connected thereto) for any reason, TenX shall be authorised to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have provided information on to TenX.

17.8 You shall be wholly responsible for determining any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding, and other taxes and/or duties assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with any access to or use of any part of the TenX Services, the sale or purchase of any products or services in connection with any access to or use of the TenX Services, or otherwise in connection with any action, inaction, or omission by you or any affiliate of yours, or any of your or their respective employees, agents, contractors, or representatives. You shall also be wholly responsible for collecting, withholding, reporting, and remitting correct taxes and duties to the appropriate authority.

17.9 Subject to the applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), the actual amounts of your Fee Payment Assets (being amongst your Accepted Assets) and the Available Balance of your TenX Wallet Account to be deducted for all fees referred to in this Paragraph shall be the amounts calculated based on such Applicable Exchange Rate at the time of actual processing and settlement of the payment of such fees by TenX.

17.10 In the case where there is more than one (1) Fee Payment Asset which can be used by you for payment of fees referred to in this Paragraph, TenX shall have the right to determine, in its sole and absolute discretion, that the amount of fees payable in a Fee Payment Asset differs from, or may be less or more favourable to you than, the amount of fees payable in another Fee Payment Asset. By instructing TenX to proceed with such transaction which is the subject of the fees referred to in this Paragraph and to deduct the amount of the Fee Payment Asset as designated by you for purposes of payment for such fees, you agree to the amounts of fees payable in such Fee Payment Asset.



18. ACCOUNT CLOSURE OR CARD TERMINATION BY TENX


18.1 If TenX determines that you are incurring an excessive number of chargebacks, disputes, complaints or other irregularities, TenX may establish controls or conditions governing your use of your TenX Wallet Account and/or your Card, including without limitation, by:

(a) establishing new processing fees payable by and chargeable to you;

(b) creating a reserve of an amount reasonably determined by TenX to cover anticipated reversals, Losses and related fees;

(c) lowering your Card Limits and limits applicable to your TenX Wallet Transactions; or

(d) terminating, restricting or suspending your access to and use of any part of the TenX Services, closing your TenX Wallet Account and terminating your Card.

18.2 TenX shall be further entitled to close your TenX Wallet Account or terminate your Card for any reason at any time in the event that:

(a) you have violated, breached or failed to comply with any part of these Terms, the Card Issuer Terms or the Policies;

(b) TenX determines that you pose an unacceptable credit or fraud risk to it;

(c) you provide or have provided false, incomplete, inaccurate, or misleading Customer Information (including without limitation any information in relation to your registration for a TenX Wallet Account or your application for a Card) or otherwise engage in fraudulent or illegal conduct;

(d) TenX has security concerns regarding your TenX Wallet Account, your Card, or your Credentials; or

(e) TenX suspects or has reason to believe that there has been loss, theft, or inappropriate or unauthorised disclosure of and/or use of your TenX Wallet Account, your Card and/or your Credentials.

In the case where TenX determines that it will close your TenX Wallet Account or terminate your Card in any of the above events, TenX shall provide you with a notice of such closure or termination in accordance with Paragraph 28 below and where practicable, the reasons for closing your TenX Wallet Account or terminating your Card, and allow you to withdraw any remaining Available Balance from your TenX Wallet Account.

In the case where you wish to request for reactivation of your TenX Wallet Account, Card or Credentials, or replace it/them, you shall notify TenX in accordance with Paragraph 28 below. TenX may, at its sole and absolute discretion, take such action to reactivate your TenX Wallet Account, Card or Credentials.

18.3 To the maximum extent permitted by all applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), TenX shall be entitled, or remain entitled, in connection with any closure of your TenX Wallet Account and/or termination of your Card by TenX, to:

(a) deduct the Available Balance your TenX Wallet Account for any amounts and charges incurred in or related to Card Transactions and/or TenX Wallet Transactions that are carried out before such closure of your TenX Wallet Account and/or termination of your Card, and you shall remain liable to TenX for such amounts and charges until such amounts and charges are deducted or otherwise paid to TenX in full;

(b) cancel any pending Card Transactions or TenX Wallet Transactions;

(c) suspend, limit or terminate your access to the TenX Website, software, systems (including any networks and servers used to provide any of the TenX Services) operated by TenX or any third party for or on its behalf; or

(d) retain your Available Balance after such closure of your TenX Wallet Account and/or termination of your Card to such extent and for such period of time as may be reasonably required to protect TenX and/or any third party against the risk of reversals, chargebacks, claims, fees, charges, fines, penalties and other liabilities of whatever nature, after which you shall be entitled to withdraw any undisputed Available Balance which TenX holds.

Please contact TenX in accordance with Paragraph 28 below if you have any questions on your Available Balance held in your TenX Wallet Account upon any closure of your TenX Wallet Account and/or termination of your Card.

18.4 Subject to the applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), you shall not be entitled to any payment, compensation or damages from TenX in relation to any closure of your TenX Wallet Account and/or termination of your Card by TenX pursuant to the foregoing of this Paragraph for any reason.


18.5 Subject to the applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), any closure of your TenX Wallet Account and/or termination of your Card for any reason shall not release you from any liability or responsibility on your part, which at the time of such suspension or termination, has already accrued.


18.6 In the event of a closure of your TenX Wallet Account and/or termination of your Card by TenX, TenX will mark your TenX Wallet Account or your Card in its database as "Closed" or “Terminated”, but will maintain a record of the Customer Information provided by you to TenX in TenX’s database for TenX’s compliance with applicable laws, rules, regulations, directions, orders and requirements (including the Directive and the Directive Transpositions). Such maintenance of a record by TenX of the Customer Information provided by you to TenX is, for instance, necessary in order to deter against fraud, by ensuring that persons who try to commit fraud will not be able to avoid detection simply by having their initial TenX Wallet Accounts closed and registering for new TenX Wallet Accounts, or having their Card terminated and applying for a new Card. However, the Customer Information provided by you to TenX will not be used by TenX for any further purposes, nor sold or shared with third parties, except to the extent necessary to prevent fraud and assist law enforcement authorities, or as required by law.

18.7 The rights of suspension, restriction, closure and termination of TenX under these Terms shall be without prejudice to any other rights or remedies which TenX may have (whether under these Terms, at law, in equity or otherwise).




19. ACCOUNT CLOSURE OR CARD TERMINATION BY YOU


19.1 You shall be entitled to close your TenX Wallet Account or terminate your Card at any time by notifying TenX of your intention of such closure or termination in accordance with Paragraph 28 below.

19.2 In the case of termination by you of your Card within six (6) months from the date of issue thereof to you, such termination shall be subject to payment of fees and TenX shall give you prior notice (in writing or any other form or manner) of the actual amounts of fees payable by and chargeable to you in connection with such termination, and unless you notify TenX of your disagreement with your payment of such amounts of fees within five (5) days from the date of your receipt of the notice given by TenX, you shall be deemed to have agreed to payment of such amounts of fees and have authorised TenX to deduct such amounts of the Available Balance of your TenX Wallet Account for such payment.

Subject to the applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), the actual amount of the Available Balance of your TenX Wallet Account to be deducted for fees referred to in this Paragraph shall be the amounts calculated based on such Applicable Exchange Rate at the time of actual processing and settlement of the payment of such fees by TenX.

19.3 In the case of termination by you of your Card after six (6) months from the date of issue thereof to you, such termination shall be free of charge.

19.4 In the event of closure of your TenX Wallet Account and/or termination of your Card by you, TenX will mark your TenX Wallet Account or your Card in its database as "Closed" or “Terminated”, but will maintain a record of the Customer Information provided by you to TenX in TenX’s database for TenX’s compliance with applicable laws, rules, regulations, directions, orders and requirements (including the Directive and the Directive Transpositions). Such maintenance of a record by TenX of the Customer Information provided by you to TenX is, for instance, necessary in order to deter against fraud, by ensuring that persons who try to commit fraud will not be able to avoid detection simply by having their initial TenX Wallet Accounts closed and registering for new TenX Wallet Accounts, or having their Card terminated and applying for a new Card. However, the Customer Information provided by you to TenX will not be used by TenX for any further purposes, nor sold or shared with third parties, except to the extent necessary to prevent fraud and assist law enforcement authorities, or as required by law.

19A. SURVIVING TERMS FOR ACCOUNT CLOSURE, CARD TERMINATION AND COMPLIANCE

19A.1 These Terms shall survive termination to the extent necessary for the closure of your TenX Wallet Account by you or TenX and/or termination of the Card by you or TenX, and for compliance by TenX with applicable laws, rules, regulations, directions, orders and requirements (including the Directive and the Directive Transpositions).

19A.2 To the maximum extent permitted by all applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), TenX shall be entitled, or remain entitled, in connection with any closure of your TenX Wallet Account and/or termination of your Card, to:

(a) deduct the Available Balance your TenX Wallet Account for any amounts and charges incurred in or related to Card Transactions and/or TenX Wallet Transactions that are carried out before such closure of your TenX Wallet Account and/or termination of your Card, and you shall remain liable to TenX for such amounts and charges until such amounts and charges are deducted or otherwise paid to TenX in full;

(b) cancel any pending Card Transactions or TenX Wallet Transactions;

(c) suspend, limit or terminate your access to the TenX Website, software, systems (including any networks and servers used to provide any of the TenX Services) operated by TenX or any third party for or on its behalf; or

(d) retain your Available Balance after such closure of your TenX Wallet Account and/or termination of your Card to such extent and for such period of time as may be reasonably required to protect TenX and/or any third party against the risk of reversals, chargebacks, claims, fees, charges, fines, penalties and other liabilities of whatever nature, after which you shall be entitled to withdraw any undisputed Available Balance which TenX holds.

Please contact TenX in accordance with Paragraph 28 below if you have any questions on your Available Balance held in your TenX Wallet Account upon any closure of your TenX Wallet Account and/or termination of your Card.



20. GENERAL RIGHTS OF TENX


20.1 You hereby agree and accept that TenX’s records of Card Transactions, TenX Wallet Transactions, Customer Information and any other matter in relation to these Terms or your use of TenX Services (including any communications transmitted electronically or telecommunications between TenX and you) shall be final and conclusive and binding for all purposes, in the absence of manifest and obvious technical and/or system failure and/or error.


20.2 Without prejudice to any of TenX’s other rights and remedies (whether under these Terms, at law, in equity or otherwise), TenX is required to act in accordance with any and all applicable laws, regulations and rules and directions, orders and of any applicable regulatory authority and/or law enforcement body relating to anti-fraud, anti-terrorism, CFT, AML and the provision of financial and other services to any persons or entities requirements (including the Directive and the Directive Transpositions), and may be subject to sanctions in relation thereto. TenX shall be entitled to take any action which may be required by any applicable regulatory authority and/or law enforcement body or which it, in its sole and absolute discretion, considers appropriate to take in order to comply with such laws, directions, orders and requirements.

20.3 Without prejudice and in addition to any right of set-off to which TenX is otherwise entitled and to the maximum extent permitted by all applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), TenX may, at any time, upon written notice to you, set-off any amounts owing by you to TenX for any breach by you of these Terms against any amounts which TenX owes to you.



21. DISCLAIMERS, INDEMNITY AND LIABILITY


21.1 Subject to the applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions) and the Policies, TenX shall not in any event be liable in any way to you or any person for any Loss, howsoever arising from or in connection with:

(a) your use of the Card, the TenX Wallet App or a TenX Wallet Account, or any Card Transaction or TenX Wallet Transaction;

(b) any loss, theft, or inappropriate or unauthorised disclosure of and/or use of the private keys to the cryptocurrency wallet associated with your TenX Wallet Account;

(c) any rejection of use of your Card by any Merchant or any terminal used to process Card Transactions or refusal by any Merchant for any reason to authorise any Card Transaction or to accept or honour the Card;

(d) any transfer of any Unsupported Assets by any person to a TenX Wallet Account;

(e) any technical and/or system failure and/or error in any terminal used to process Card Transactions or to facilitate the usage of the Card, or of other machines or systems of authorisation whether belonging to or operated by TenX or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any data;

(f) any failure, malfunction or breakdown of, or disruption to, the operation of the TenX Wallet App or your TenX Wallet Account, the relevant blockchain(s), blockchain-based software system(s) or any source code(s) with which the Accepted Asset(s) are associated or any part of the TenX Wallet App or your TenX Wallet Account relies on, due to occurrences of forks, hacks, mining attacks (including but not limited to double-spend attacks, majority mining power attacks and “selfish-mining” attacks), cyber-attacks, distributed denials of service, technical and/or system failure and/or errors, vulnerabilities, defects, flaws in programming or source code or otherwise, regardless of when such failure, malfunction, breakdown, or disruption occurs;

(g) any delay or inability on TenX’s part to perform any of its obligations under these Terms because of any electronic, mechanical system, data processing or telecommunication defect or failure, act of God, terrorism, civil disturbance or any event outside of TenX’s reasonable control or the reasonable control of any of TenX’s servants, agents or contractors;

(h) any delay or failure in the processing and completion of a Card Transaction or a TenX Wallet Transaction after the time of initiation thereof;

(i) any access to or use of any External Wallet by any person;

(j) any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Card or TenX Wallet Account, and you acknowledge and understand that use of the same involves the transmission of your personal data and transaction details through third parties which TenX may be unable to control, and TenX is not responsible or liable to you for their performance or the non-performance of their obligations to you;

(k) any loss, theft, or inappropriate or unauthorised disclosure of and/or use of your TenX Wallet Account, your Card and/or your Credentials;

(l) any injury to your credit, character and reputation in relation to your use of the Card or a TenX Wallet Account;

(m) any delay in the release of any amount of your Available Balance which is put on hold for any reason;

(n) your failure, in any manner, to follow the instructions delivered to you together with the Card; and

(o) any circumstance for any matters relating to or in connection with any dispute, refund request or chargeback request in relation to your use of the Card,

and you hereby waive claim you may now or in the future have against TenX for the same. You shall fully and effectively indemnify, defend and hold harmless the Indemnified Parties from and against, any and all Losses arising directly or indirectly from or in connection with any or all of the foregoing matters.

21.2 TenX makes no warranty or representation as to the quality, value, merchantability or fitness for purpose of the any goods and/or services purchased via the Card and assumes no liability or responsibility for the acts or omissions of Merchants. Any dispute arising from or in connection with the value, condition or performance of any of such goods/services is to be resolved directly with the relevant Merchants.


21.3 To the maximum extent permitted by all applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), you shall indemnify and keep the Indemnified Parties fully indemnified against all Losses (including legal costs on an indemnity basis) incurred, suffered or sustained by the Indemnified Parties, directly or indirectly, by reason of or in connection with these Terms, including but not limited to:

(a) any use of the Card for any Card Transactions or the TenX Wallet Account for any TenX Wallet App regardless of whether or not authorisation has been sought and/or given;


(b) breach of any provision of these Terms or the Card Issuer Terms on your part;


(c) the enforcement or protection of the Indemnified Parties’ rights and remedies against you under these Terms or the Card Issuer Terms, or in obtaining or seeking to obtain payment of all or any part of the monies hereby agreed to be paid by you;


(d) insufficiency of your Available Balance to meet any request for payment for any Card Transaction or settlement of any other liability under these Terms or the Card Issuer Terms; and


(e) applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions) which may have an effect on your Available Balance and/or these Terms.


21.4 This Paragraph shall survive any expiry, termination or other cessation of your relationship with TenX and/or your use of the Card.




22. FORCE MAJEURE


TenX shall not be liable to you or be deemed to be in breach of any provision of these Terms by reason of any delay in performing, or any failure to perform, any of its obligations if the delay or failure was due to any Force Majeure Event.



23. AMENDMENT, MODIFICATION OR VARIATION OF TERMS


23.1 TenX shall have the right in its sole and absolute discretion to amend, modify or vary these Terms (and such part of the Policies to the extent that it is entitled to make such amendments, modification or variation) at any time by giving notice of such amendment, modification or variation (“Changes”) no later than two (2) months before the proposed date of entry into force of the Changes to these Terms on the TenX Website, through your TenX Wallet Account via the TenX Wallet App or in any other form or manner deemed appropriate by TenX (which shall constitute good and sufficient notice thereof to you by TenX and shall be deemed to have been received by you on the date of such posting or the making public of such notice (as the case may be)). TenX shall not be required to provide such notice period of two (2) months in the case where a Change is required by the applicable laws, rules, regulations, directions, orders or requirements (including the Directive and the Directive Transpositions) or relates to the addition of a new service, extra functionality to the existing TenX Services or any other change which neither reduces your rights nor increases your responsibilities. In such instances, the Change will be made without prior notice to you and shall be effective immediately.

23.2 In the event that you do not accept a Change as set out in a notice given by TenX, you shall forthwith close your TenX Wallet Account and terminate your Card by notifying TenX of such closure and/or termination in accordance with Paragraph 19 above prior to the proposed date of entry into force of the amended, modified or varied Terms. Subject further to Paragraph 19 above, you shall nevertheless remain liable to TenX after your closure and/or termination for any liabilities or charges which you may have incurred and are responsible for prior to your closure and/or termination.

23.3 Where you continue to possess or use your Card or continue to hold or use your TenX Wallet Account after the proposed date of entry into force of the Changes to these Terms, you shall be deemed to have agreed with and accepted such Changes to these Terms.

24. INCONSISTENCY WITH ANY APPLICABLE LAW, REGULATIONS OR RULES

In the event that any provision in these Terms results in any direct or indirect non-compliance by TenX with any provision in any applicable law, regulation, rule, direction, order and requirement in any jurisdiction (including the Directive or any of the Directive Transpositions), you acknowledge and agree that:

(a) such provision in these Terms shall be null and void to the extent that such provision results in such non-compliance by TenX; and

(b) TenX shall be entitled to take such action as may be required for full compliance by TenX, or omit to take such action as may result in any continued or future non-compliance by TenX, with such provision in the applicable law, regulation, rule, direction, order or requirement.



25. NO WAIVER


No failure to exercise or enforce, and no delay on the part of TenX in exercising or enforcing its rights under these Terms shall operate as a waiver thereof nor shall such failure or delay in any way prejudice or affect the rights of TenX at any time.



26. CONFIDENTIALITY


You agree that TenX shall not be under any obligation of confidentiality to you regarding any such information or material provided by you using the Card, unless agreed otherwise in a separate direct contract between you and TenX and, or otherwise required under applicable law.



27. ASSIGNMENT


27.1 The right to use the TenX Services is non-transferable and all rights, interests and obligations under these Terms shall be non-assignable upon issue of the Card and/or establishment of the TenX Wallet Account without the prior written consent of TenX. The TenX Services shall be used by only you and no other person for Card Transactions and/or TenX Wallet Transactions strictly.

27.2 To the maximum extent permitted by all applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), TenX may assign and transfer any or all of its rights, interests and obligations under these Terms to any person. Any such assignment or transfer shall take effect upon posting on the TenX Website or on such date as may be otherwise stated. In the event that TenX assigns and transfers all its rights, interests and obligations under these Terms:

(a) all references to TenX in these Terms shall upon and after any such assignment and transfer be construed as a reference to the assignee and transferee of TenX; and


(b) such assignee and transferee shall be entitled to enforce all rights and perform all obligations of TenX and to be paid all sums due from you under these Terms as at the date of such assignment and transfer thereafter.


27.3 To the maximum extent permitted by all applicable laws, regulations, rules, directions, orders and requirements (including the Directive and the Directive Transpositions), TenX shall be entitled to sub-contract and delegate any or all of its obligations under these Terms or any other matters contemplated in these Terms, to any third party as TenX deems fit, whether for such third party to carry out or procure the carrying out of such obligations or matters. In such event, TenX shall not be liable to you for, and hereby disclaims all liability and responsibility in relation to, any act, omission, neglect or wilful default on the part of such third party.




28. NOTICES AND CORRESPONDENCE


28.1 All notices and communications by TenX to you shall be in writing in the English language and no other language. You agree that TenX may provide notice or other information to you by posting it on the TenX Website or through your TenX Wallet Account via the TenX Wallet App (including the posting of information which is only accessible by you by logging into your TenX Wallet Account), emailing it to the email address provided by you as Customer Information in connection with your TenX Wallet Account, mailing it to the registered address provided by you as Customer Information in connection with your TenX Wallet Account, calling you by telephone, or sending you an SMS. You must have internet access and an email account to receive communications and information relating to the TenX Services. With the exception of amendments to these Terms, such notice shall be considered to be received by you within twenty-four (24) hours of the time it is posted on the TenX Website or through your TenX Wallet Account via the TenX Wallet App App or emailed to you. If a notice is sent by mail, such notice shall be deemed to have been received by you three (3) days after it is posted. You may request a copy of any legally required disclosures (including these Terms) from TenX. TenX will provide this to you in a form which allows you to store and reproduce the information in these Terms (for example, by email) and you may terminate your consent to receive required disclosures through electronic communications by contacting TenX at support@tenx.tech. TenX may charge you a fee to provide such legally required disclosures. TenX reserves the right to close, restrict, suspend or terminate your access to the TenX Wallet Account and/or use of the Card if you withdraw your consent to receive electronic communications from TenX.

28.2 All notices and requests from you to TenX shall be in writing in the English language and no other language and sent via email to support@tenx.tech unless otherwise specified by TenX to you. TenX shall be entitled to regard as ineffective and invalid any notice or request by you the receipt of which has not been confirmed by TenX to you.



29. INTELLECTUAL PROPERTY RIGHTS


29.1 These Terms shall not entitle you to any intellectual property rights, including the rights in relation to the use, for any purpose, of any information, image, user interface, logos, trademarks, trade names, Internet domain names or copyright in connection with any part of these Terms, the Card Issuer Terms (including the Policies), the TenX Website, the TenX Wallet App or the Card.

29.2 TenX observes a policy of limiting access to the TenX Services by users who infringe the intellectual property rights of others. If you believe that anything associated with the TenX Services infringes any copyright that you own or control, you may notify TenX in accordance with Paragraph 28 above.

29.3 The Application Programming Interface (API) of the TenX Wallet App is the copyrighted technology of TenX and may not be copied, imitated or used, in whole or in part, outside of the TenX Wallet App’s intended use. TenX retains all its rights related to its databases, websites, graphics, software, applications, programs, code, etc, including chat text, the content of TenX’s emails, and data such as transaction prices developed or provided by TenX or its affiliates which can be acquired by various external APIs. TenX may demand any third parties stop using TenX’s API for any purposes not authorised by TenX.

29.4 The TenX logo, any other TenX service names, logos or slogans that may appear on the Services, and the look and feel of any part of the TenX Services, the TenX Wallet App, the Card and the TenX Website, including all page headers, custom graphics, button icons and scripts, are trademarks, service marks or trade dress of TenX and its suppliers and its licensors, and may not be copied, imitated or used, in whole or in part, without its or the applicable trademark holder’s prior written consent thereto. You may not use any metatags or other “hidden text” utilising any name, trademark or product or service name of TenX without TenX’s prior written consent thereto. Further, you may not use, frame or utilise framing techniques to enclose any TenX trademark, logo or other proprietary information, including the images found on any part of the content of any text or the layout or design of any page, or form contained on a page, on any part of the TenX Services, the TenX Wallet App, the Card and the TenX Website without TenX’s prior written consent thereto.

29.5 You shall not, and may not attempt to, directly or indirectly:

(a) transfer, sublicense, loan, sell, assign, lease, rent, act as a service bureau, distribute or grant rights to any part of the TenX Services, the TenX Wallet App, the Card or the TenX Website to any person or entity;

(b) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in any part of the TenX Services, the TenX Wallet App, the Card or the TenX Website;

(c) reverse engineer, disassemble, or decompile any part of the TenX Services, the TenX Wallet App, the Card or the TenX Website or apply any other process or procedure to derive the source code of any software included in any part of the TenX Services, the TenX Wallet App, the Card or the TenX Website.

29.6 You shall not issue any press release or make any public statement related to any part of the TenX Services, the TenX Wallet App, the Card or the TenX Website, or except as expressly provided in these Terms, use the name, trademarks or logo of TenX or any of its affiliates in any form or manner (including in promotional material) without TenX’s prior written consent thereto, or misrepresent TenX or any of its affiliates.

29.7 TenX may display third-party content, advertisements, links, promotions, logos and other materials on or through any part of the TenX Services, the TenX Wallet App, the Card or the TenX Website (collectively, “Third-Party Content”). TenX does not control, endorse, sponsor or adopt any Third-Party Content or any third parties referenced on the Services, and TenX makes no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. Your interactions with Third-Party Content, and any third party that provides Third-Party Content, are solely between you and such third parties, and TenX is not responsible or liable in any manner for such interactions or Third-Party Content. When you leave the TenX Wallet App or the TenX Website and enter a third-party application or website, these Terms and the Policies will no longer be applicable.



30. SEVERABILITY


30.1 If any of these Terms is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to only such extent and no further and, for the avoidance of doubt, the rest of these Terms shall continue to be valid and in full force and effect.

30.2 The illegality, invalidity or unenforceability of any provision of these Terms under the law of a jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision

31. THIRD PARTY RIGHTS

Save for the Card Issuer and the relevant card network, no person who is not a party to these Terms has any right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce or enjoy the benefit of, or rights granted by, any provision of these Terms.

32. APPLICABLE LAW AND JURISDICTION

These Terms shall be subject to and construed in accordance with the laws of Singapore and you hereby submit to the non-exclusive jurisdiction of the courts of Singapore in the event of any dispute arising from or in connection with these Terms.

ANNEX 1

LIST OF ACCEPTED ASSETS

The list of Accepted Assets and Fee Payment Assets shall be as set out on the TenX Website or as notified to you through the TenX Wallet App, with such list being as amended, supplemented or modified from time to time.


ANNEX 2

SCHEDULE OF FEES

The amounts of generally applicable fees for specified items shall be as set out on the TenX Website or as notified to you through the TenX Wallet App, with such amounts being as amended, supplemented or modified from time to time.

Please note that such amounts are for reference only and may not be indicative of the actual amount of fees payable by you to TenX under these Terms. There may also be other items (not included in such schedule) for which the fees associated therewith are charged by TenX and/or the Card Issuer and payable by you.


ANNEX 3

CARD LIMITS

The generally applicable Card Limits are as set out in the following website, as amended, supplemented or modified from time to time:

https://support.tenx.tech/hc/en-us/articles/115000952011-What-are-the-KYC-limits-

Please note that the generally applicable Card Limit(s) as set out on such website is/are for reference only and the actual limit(s) applicable to your use of the Card is/are subject to changes thereto for any further lower or higher limit(s) as may be determined by TenX to be applicable to your use of the Card based on the relevant Customer Information and any other information possessed by TenX.

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