Tosa Exchange's Wallets Policy

How Tosa Exchange uses wallets

TOSA EXCHANGE WALLET GENERAL TERMS AND CONDITIONS

This website is owned and operated by Tosa Ex (Pty) Ltd. and will be referred to as (“Tosa Exchange”, “Tosa”, "We", "our" and "us").

By using this site, you agree to the Wallet General Terms and Conditions (“Wallet Terms”) of this website ("the website"), which is set out on this website page. The Wallet Terms relate to the collection and use of personal information you may supply to us through your conduct and the general use of this website, its features and its services.

I. DEFINITIONS

  1. Digital Assets - means Bitcoin, Ethereum, Dogecoin, XRP, and other Stablecoins anf Altcoins listed on the website.

  2. Stablecoins - are digital assets that are usually pegged to a fiat currency such as the US Dollar etc. Tosa has the following stablecoins: USDT, USDC and BUSD.

  3. Dashboard - a part of the website where a User can access and buy Digital Assets.

  4. Fork - a change in the protocol of a blockchain.

  5. Digital Assets Wallets - the wallets you will create when you buy coins, altcoins and stablecoins.

  6. Tosa Wallet Service - also (“Tosa Wallet”) is a part of the website where your top-up funds and Digital Assets balance are stored and found.

  7. Tosa Exchange Service - a platform on the website where you will do periodical trades of Digital Assets.

  8. Tosa Platform - means the website.

  9. Agreement - this Wallet Terms and Conditions.

  10. Tosa Account - an account opened and registered on our website.

  11. Users - you who has registered and opened an account with us.

  12. Parties - means Tosa Exchange and the User.

  13. Personal Information - this is data that identifies you such as name & surname, address, identity number and not limited thereto.

II. REGISTRATION

  1. You are only allowed to open one Tosa account.

  2. You are eighteen (18) years of legal age and you warrant that you are old enough to get into contractual agreements with us.

  3. You are the only beneficiary of our services and you warrant that you are not acting on anyone’s behalf or representing any legal entity or natural person.

  4. You warrant that you have read and understood all our terms that being: Privacy Policy, Terms & Conditions, Cookies Policy and KYC & AML Policy including the Wallet General Terms and Conditions.

  5. We reserve the right to suspend or terminate your account upon suspicion of any unlawful activity.

  6. You hereby warrant that all the information you provide is true and correct and that if a need arises, we will contact you to provide further information to continue using our services and platform. If you fail to provide any required information then we may close your account and we are therefore not liable for any losses incurred.

  7. You hereby indemnify us, our partners and third party services from any harm and damage caused by using our platform and its software on any of your devices.

III. TOSA WALLET SERVICE

  1. The Tosa Wallet services comprises of the following:
  • Tosa Wallet Service

  • Digital Assets Wallets

  • Tosa Exchange Service.

  • Any promotional & incentive programs found on the Tosa Platform.

  • Any service or product that may be launched in the future on the Tosa Platform.

  1. All or parts of the Tosa Platform may be available to Users and we reserve the right to increase and/or limit access to features, products and services offered on the website and Tosa Platform as a result.

  2. Users with a Tosa Account will be able to:

  • Top up their Tosa Wallet.

  • Directly buy Digital Assets with their debit, credit and cheque VISA and MasterCard bank cards.

  • Buy, sell, send and receive digital assets.

  • Withdraw from the Digital Assets Wallets to their Tosa Wallet Service.

  • View activity history on the notifications icon such and receive emails of any activity that Tosa deems necessary to communicate.

IV. TOSA’S RESPONSIBILITY

  1. Granting access to the Tosa Platform to the User;

  2. Providing the relevant support and maintenance as will be set out in the communications that we will provide; and

  3. Providing assistance for any issues that arise through the lawful use of the Tosa Platform.

V. USER’S RESPONSIBILITY

  1. The User acknowledges and accepts that they are responsible for the accuracy and completeness of the information they provide for use as part of the Tosa Platform. Tosa Exchange is not liable for any errors of such information.

  2. The User(s) acknowledges that crypto is a high risk investment and it is incumbent on them to do their own personal research and also to consult with certified financial advisors before making any investments. The User further acknowledges crypto may not be regulated in their respective jurisdiction and therefore in instances where you are a victim of fraud or malice you may not be able to seek legal recourse.

  3. Users take it upon themselves to ensure that they have the correct wallet address and the correct blockchain when using the send feature to send crypto to another wallet address.

  4. Users take it upon themselves to ensure that the Digital Assets they invest in are legit by doing their own research to satisfy their own decision for buying the asset.

  5. Users acknowledge that blockchain networks and their respective protocols can be forked - meaning the underlying protocols can be changed - and therefore it is upon the user to familiarise themselves with such changes.

VI. DATA PROTECTION

  1. We collect, process and store your Personal Information and we shall at all times comply with the applicable data protection laws.

  2. Your Personal Information may be stored for as long as we deem necessary in line with our KYC & AML policy even after termination and/or deletion of your User Account for authorities to process should the need arise.

  3. Upon termination, Tosa shall anonymise all Personal Information in its possession.

VII. DISCLAIMER

  1. The website, Dashboard and Tosa Wallet Service are provided “as is” and we make no express or implied warranties whatsoever in relation thereto. Without limiting the generality of the foregoing: (i) we do not represent or warrant that the website, application, Software or Service will meet the User’s particular requirements; (ii) Tosa does not represent or warrant that the website, Dashboard and Tosa Wallet Service will be error-free, will be available on a continuous or uninterrupted basis or at any particular time, or will meet any particular criteria of accuracy, completeness, reliability, performance or quality, or the implied warranties of merchantability or suitability for a particular purpose; and (iii) Tosa does not represent or warrant that the Digital Assets hosted on the platform will be appropriate for any specific use, purpose or requirement the User might have.

  2. The Parties each agree to use commercially reasonable procedures to ensure that common viruses are guarded against prior to sending information.

  3. Each Party is responsible for its own security of its information security system.

  4. The User agrees to indemnify and hold harmless Tosa and its directors, partners, employees, sub-contractors and agents against any damages, errors and/or harm arising out of the use of third party Dashboard and/or software.

VIII. REFUSAL & LIMIT OF ACCESS. BREACH. SUSPENSION & TERMINATION

  1. Tosa reserves the right to, without any kind of liability, refuse or limit access, suspend or terminate and to some extent freeze your User Account upon: (i) breach of any of the provisions as outlined in this Agreement; (ii) a court order to suspend, freeze or terminate your account; (iii) an ongoing investigation by a court of law on your Tosa User Account (iv) suspicion of committing of fraud by the User (v) any maintenance and updates conducted on the website, (vi) any concerning events in the market.

  2. The User shall be entitled to retrieve any balance of your remaining Digital Assets in their User Account upon suspension or termination only if such retrieval is not in contravention of the law, ongoing investigations and court orders. Access to your Digital Assets balance shall be permitted once we are satisfied that such action is legally supported.

  3. This Agreement shall be deemed terminated when the User deletes their User Account.

IX. MISCELLANEOUS

  1. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision(s) of this Agreement.

  2. Should any provision of this Agreement be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision may be modified by such court in compliance with the law giving effect to the intent of the Parties and enforced as modified. All other terms and conditions of this Agreement shall remain in full force and effect and shall be construed in accordance with the modified provision.

  3. This Agreement constitutes the whole Agreement between the Parties and no amendments or additions shall be of any force and effect unless it is reduced to writing and agreed/accepted by both Parties hereto.

  4. This Agreement supersedes all prior negotiations, understandings or agreements between the Parties concerning the subject matter contained herein. This Agreement may be modified from time to time and the User consents to such changes without any liability on our part.

  5. The Parties agree that they will not assign, sell, transfer, delegate or otherwise dispose of this Agreement or any right, duty or obligation under this Agreement without the other Parties’ prior written notice and consent and the we reserve the right to refuse any such assignment, selling, transference, delegation and disposal.

  6. No agreement varying, adding, deleting from or cancelling this Agreement shall be effective unless reduced in writing and agreed by both Parties.

  7. This Agreement may be executed in counterparts, each of which will be an original and which together constitutes the same Agreement.

  8. The cost for the preparation and drafting of this Agreement shall be borne by us.

X. JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any choice of law or conflict of law provisions. The Parties consent to the jurisdiction of the relevant competent court.