- Relationship with TNQ
You understand and agree that by electing to participate in TNQ Locking:
- TNQ has authority over your Locked Assets; and
-
once this is done, your Locked Assets will no longer be held
by you.
TNQ Locking is a Service that, among other things, provides you
with:
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a means by which you are able to participate in Locking; and
-
an income stream, where you will receive Locking Rewards at a
frequency agreed with TNQ.
In consideration for providing you with the Services described in this
Policy, TNQ does not charge any fees.
- Responsibilities
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During the Term (as defined below), TNQ will provide the
following:
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the Service will be operated in a diligent and professional
manner and in accordance with applicable industry standards;
and
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reasonable security safeguards will be employed by TNQ to
protect the integrity and availability of the Services;
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During the Term, the Client shall provide the following:
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Locked Asset to TNQ’s validator account when the Client
wants to receive Locking Rewards;
-
Token can be locked or Unlock at Client discretion, however,
in all cases Locked Token will be subject to TNQ’s
discretion. This includes but is not limited to the
locked-in period, penalties, and ineligibility to receive
Locking Rewards;
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Clients are responsible for maintaining the security of
their accounts and keys at all times. TNQ will never
request private keys under any circumstances. TNQ does not
hold Clients’ private keys and will not act as a custodian
of Clients’ funds; and
-
Clients are expected to have knowledge of blockchain
technology, locking, accounts, keys, and details of the
Applicable Network and Applicable Network Protocol. They are
further expected to have conducted their own thorough
investigation of the Applicable Network, Token, and other
matters considered in this Policy in determining whether to
Lock Token with the Service.
- Services and Service Level Agreement
- Payment of Locking Rewards
Clients will receive Locking Rewards directly attributable to their
Locked Token. The percentage and timing of such remittances are determined
based on TNQ’s Terms. TNQ is solely responsible for the Services
and Locking Rewards payments.
- Transfers of Rewards
Any transfer of Locking Rewards will be subject to TNQ. Generally,
payments will be made by the TNQ to the Wallet from which the Token
were Locked.
- Locking Rewards Handling
TNQ will not accept, take control of, or hold custody of any
Locking Rewards on behalf of the Client. TNQ provides the Services
and compensates Clients directly with Locking Rewards.
- Service Level Agreement
TNQ agrees to compensate Clients for missed Locking Rewards to the
extent that they arise from the availability of Service. This does
not include missed Locking Rewards arising from Client acts or omissions,
Applicable Network maintenance, software bugs native to Applicable
Network, acts by a hacker or other malicious actor, Applicable Network
stalls, Applicable Network Protocol changes resulting in changes
to Locking Rewards, Force Majeure Events, or any other action outside
of TNQ’s control.
- How to Participate in Locking
-
When you Subscribe to a Locking Offer, you will be prompted to
agree to all of the following terms on the Platform:
- the Locking Duration;
- the Applicable Network;
- the Locked Assets;
- the Locking Rewards;
- Auto-Locking;
- Unlocking; and
- the Reward Currency;
- TNQ may specify:
-
minimum amounts of Token that are required to Subscribe to a
Locking Offer; and
- any Subscription limits.
- Dealing With Locked Asset
When you Subscribe, you instruct TNQ to transfer your Locked
Asset for Locking Locked Asset will be immediately returned to
your Wallet after the Settlement Date unless you have elected to
Auto-Lock. The time between the Settlement Date and when your
Locked Asset is returned to your Wallet does not form part of
the Locking Duration. You do not earn Locking Rewards during
this time.
- Locking Duration
Client has one (1) Locking Offer to select from. The Client commits
to Lock for the chosen Locking Duration. The Client understands that
the amount of Token locked will be Locked and able to Unlock the Locked
Asset before the Settlement Date. However the Client will forfeit the
entire Locking Rewards associated with the Locking Offer to which the
Client Subscribed in accordance with Clause 9. Locking Rewards will
be distributed upon the completion of the Locking Duration.
- Locking Offer Option
- Lock-in Period of forty-five (45) days
- Locking Rewards
- Locking Rewards:
-
Locking Rewards start accruing from the day after you
Subscribe. Locking Rewards are distributed upon maturity
date;
-
will be promptly distributed to your Wallet after the
Settlement Date;
- are applied to Locked Asset only;
-
are distributed in a Reward Currency attributed to the
Locked Asset;
- are calculated by reference to the Locking Yield; and
- are rounded down to five (5) decimal places;
-
Locking Yield is published on the Website and may change from
time to time based on TNQ’s discretion; and
-
TNQ does not guarantee that you will receive the Locking
Rewards at the Locking Yield shown at the time you Subscribe.
Any representation concerning possible return at the time you
Subscribe:
- is an estimate only and not guaranteed; and
- is based on the Locking Yield, which may change.
- Auto-Lock
-
You may choose to automatically Lock your Locked Asset to a
new Locking Offer before the Settlement Date by enabling the
Auto Lock function, utilizing both the Locked Asset and
Locking Rewards from the previous Locking Offer;
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The new Locking Offer will entail relocking the same quantity
of Locked Asset, along with their respective the Locking
Rewards and Locking Duration, as stipulated in the preceding
Locking Offer;
-
The Auto Lock function will continue to operate automatically
unless disabled by you. The Locked Asset, along with Locking
Rewards, will be relocked for the duration of the Locking
Period; and
-
You have the option to modify your Auto-Lock Instructions at
any time before the day preceding the Settlement Date of the
preceding Locking Offer.
- Unlock
-
Should you choose to Unlock your Locked Asset before the
Settlement Date, you will forfeit the entire Locking Rewards
associated with the Locking Offer to which you subscribed;
-
Should you opt to Unlock your Locked Asset before the
Settlement Date, please note that the Unlocking process may
take up to seven (7) days to complete, during which your
Locked Asset will be returned to your Wallet;
-
In the event that you decide to Unlock your Locked Asset prior
to the Settlement Date, you are only permitted to Unlock the
entire Token; partial Unlocking is not permissible; and
-
If you have initiated multiple Locking, you have the option to
unlock either one or all of them, but partial Unlocking of any
single Locking is not permitted.
- Risks & Liability
In addition to the risks identified in the Risk Warning Statement, you must also consider carefully all the risks arising out of
participating in a Locking, including but not limited to:
-
the risk that the Digital Assets you used to Subscribed may be
lost because, among other things:
-
you are placing your Digital Assets directly into TNQ;
- TNQ cannot guarantee the return of Locked Asset; and
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events may occur at the protocol level (including, but not
limited to, hacks, exploits, or poor economic models), that
are outside of TNQ’s control;
-
the inherent risks, including, but not limited to, the
protocol, and the use of your Token; and
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whether the Applicable Network suspends, discontinues, or
terminates its business, closes down, suspends, or stops
trading.
Clients shall indemnify, defend, and hold TNQ harmless from and against
all claims, suits, and actions brought against TNQ by a third-party,
and all resulting liabilities, damages, losses, and costs awarded by
a court or included as part of a final settlement (in addition to reasonable
attorney’s fees and disbursements), arising from or relating to Client’s
use of the Service in a manner that breaches the Terms and Conditions
of this Policy or violates laws or regulations.
- Taxes
Client shall be responsible for payment of all taxes, fees, and surcharges,
however designated, imposed on or based upon the use of the Services
and income obtained by the use of Services.
Neither TNQ nor any of its agents shall provide any advice or guidance
with respect to the tax obligations of the Client. You are strongly
encouraged to seek advice from your own tax advisor to discuss the
potential tax consequences of receiving incomes from the use of Services.
- Terms & Termination
-
The Terms of this Policy will begin on the date that the
Client first Lock Token with TNQ;
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Either party may terminate this Policy at any time for any or
no reason;
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Upon the termination of this Policy, provided that the Client
is not in material breach of this Policy, the Client will
cease Token Locking with TNQ;
-
Upon termination of this Policy, all licenses to access and
use the Service will likewise terminate, and the Client will
immediately thereafter discontinue all such access and use;
and
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Any obligations and duties, that by their nature, extend
beyond the expiration or termination of this Policy will
survive the expiration or termination of this Policy,
including, without limitation, accrued rights to payment,
confidentiality obligations, warranty disclaimers,
indemnification, and limitations of liability.
- Placing a Stop or Suspension on, Cancelling Your Access, or
Discontinuation of Service
TNQ may stop, suspend, or cancel your access to the Platform,
impose limits to your TNQ Account(s), suspend, or cancel your ability
to participate in TNQ Service, delay certain transactions, or
discontinue its Service where:
-
you do not provide additional information to verify your
identity or source of funds as requested by TNQ;
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TNQ is required to do so by court order, to comply with
any Applicable Laws (including anti-money laundering or
sanctions laws);
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TNQ is required to do so to comply with any direction or
instruction from a government body or agency;
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TNQ reasonably determines that any information you have
provided to TNQ is wrong, untruthful, outdated, or
incomplete; or
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you do not provide additional information that we request to
our reasonable satisfaction or in a timely manner.
- Warranties and Disclaimers
Each party represents and warrants to the other party that it has the
requisite power and authority to enter into this Policy and to carry
out all activities and transactions contemplated hereunder. TNQ warrants
that TNQ will provide the Service in a professional and diligent
manner and in accordance with applicable industry standards. Except
as expressly provided herein, neither party makes any warranty or representation
of any kind, whether express, implied, statutory, or otherwise, and
each Party specifically disclaims all implied warranties, including
any implied warranty of merchantability, title, fitness for a particular
purpose, or non-infringement. TNQ specifically disclaims all
liability and obligations with respect to any third-party providers.
TNQ makes no representations or warranties with regard to the potential
market for the Service or the amount of net rewards that may be generated
hereunder.
- Limitation of Liability
Notwithstanding any other provision of this policy, TNQ will
not be liable for any indirect, special, and/or consequential damages
arising out of or in connection with this Policy. In no event will
TNQ’s aggregate liability under this Policy, whether based on contract,
equity, negligence, tort, or otherwise, exceed the net rewards or revenue
paid to the Client hereunder during the six (6) months prior to the
event giving rise to the claim.
- General Terms
-
All Terms and references used in these Terms and defined and
construed in TNQ’s Terms of Use (the Terms of Use), but
are not defined or construed in these Terms, shall have the
same meaning and construction as in the Terms of Use ;
-
These Terms are to be read together with the Terms of Use. In
the event of any conflict or inconsistency between these Terms
and the Terms of Use, the order of precedence in which the
documents are to be read is first these Terms and then the
Terms of Use;
-
TNQ will contact you using the details you have
provided. This may include contacting you by email, SMS, or
telephone. It is important that you ensure that your contact
details are correct and up to date. If your contact details
change, you must let us know immediately. If you do not, TNQ
will not be responsible for any failure to receive
information, notices, or other important information from TNQ;
-
TNQ may give notice by email to your email address. It
is your responsibility to ensure that the email address is
up-to-date and accurate. Notices may be given and are deemed
to be received if sent to your email address, whether or not a
notice of delivery failure is received;
-
You may give us notices only in the manner TNQ directs,
which may change from time to time;
-
Any notices, consent, or other communications given under
these Terms must be in writing, in English, and signed or
otherwise authorized by the party giving them; and
-
For more information on TNQ, you may refer to TNQ and license
information found on the website. If you have questions
regarding these Terms, please feel free to contact us for
clarification via our Customer Support team,
[email protected].
- Communication
TNQ may communicate with Client regarding Locking Terms through
the contact information provided by the Client.
The Client is responsible for ensuring that their contact information
is accurate and up-to-date.
- Commitments
TNQ has made no commitments or promises orally or in writing with respect
to the delivery of any future returns, features or functions of the
Services. In relation to any future features or functions, all presentations,
requests for proposal responses, and/or product roadmap documents,
information, or discussions, either prior to or following the entering
into of this Policy, are for informational purposes only, and TNQ
shall have no obligation to provide any returns, future releases or
upgrades, or any features, enhancements, or functions unless specifically
agreed to in writing by both parties. Client acknowledges that no decisions
are based upon any future features or functions of the Services.
- Notices
Except as otherwise provided in this Policy, all notices under this
Policy must be in writing and given by personal delivery, recognized
national overnight courier service, or by Malaysia registered or certified
mail, return receipt requested.
Notices given to TNQ must be delivered to:
Unit 33-05, Menara The Stride,
Bukit Bintang City Centre,
No 2, Jalan Hang Tuah,
55100 Kuala Lumpur, Malaysia.
TNQ may change the address to which notice must be delivered
to it by providing notice of such updated address in accordance with
this section.
- Changes to This Policy
TNQ may revise this Policy from time to time and will post the
most current version on its Website. If a revision materially amends
the Policy, TNQ will notify the Client (for example, the TNQ
Token‘s Twitter Account, TNQ Telegram group or on TNQ’s Website).
The Client agrees to review the Policy from time to time. By continuing
to use or access the Service after the revisions come into effect,
Client agrees to be bound by the revised Policy.
- Force Majeure
TNQ shall be excused from any delay or failure in the performance
of this Policy to the extent such delay or failure is caused by wildfire,
flood, explosion, war, embargo, governmental requirement, civil or
military authority, Act of God, or any other causes beyond its reasonable
control. Any such delay or failure shall suspend TNQ’s obligations
to perform under this Policy until the cause for the delay or failure
is removed.
- No Waiver
No Terms or provision herein shall be waived, and no breach or
default excused, unless such waiver or consent is in writing and
signed by the party to which it is attributed. No consent by a
party to, or waiver of, a breach or default by the other party,
whether expressed or implied, shall constitute consent to or
waiver of any subsequent breach or default.
- Severability
If any provision of this Policy is held to be invalid or unenforceable,
the invalidity or unenforceability shall not invalidate this Policy
or render this Policy unenforceable; rather, this Policy shall be deemed
modified to the least extent necessary to make it enforceable, and
all other provisions of this Policy will remain unaffected.
- Assignment
TNQ reserves the right to assign this Policy without the prior written
consent of the other party.
- Governing Law
This Policy shall be interpreted, construed and enforced in accordance
with the internal laws of Labuan, without regard to its conflict of
laws principles.