Terms of Service
Last revised: 2 August, 2021
By using or applying for use of this website, you confirm that you have read, understand, and agree to the Terms of Service ("ToS" or "Terms"). If a user creates a Member account on the
Topearner Exchange Service (hereinafter referred to as the Service) and logs in to use the Service, any use of the Service, including subscription to the product, is deemed to have been done by the exercise of the Member's own free will and discretion.
If you do not agree with what is contained in these Terms, please do not submit information to, access information on, nor use the website.
Topearner Exchange ., Ltd., its subsidiaries, affiliates, transferees, successors, and their officers, directors, employees, and agents, will be referred to herein as "
Topearner Exchange ". You and the Company may be collectively referred to as "the Parties".
The value of digital assets (which means electronic information that can be recorded and used in a certain network by being encrypted and issued with blockchain technology and includes cryptocurrency, digital assets, digital tokens or any other name used to describe it; hereinafter referred to as Digital Assets) may fluctuate greatly. Investing in Digital Assets or products based on Digital Assets carries a risk of economic loss. You are aware of the risks associated with trading Digital Assets and related products. You are responsible for all risks associated with the use of services and transactions for Digital Assets and related products.
Topearner Exchange is not responsible for such risks or consequences thereof.
The purpose of these Terms is to stipulate matters regarding the rights, obligations, and responsibilities of the Company and Members, and other necessary matters in connection with the use of the
Topearner Exchange Services (https://topearnerexchange.com) provided by
Topearner Exchange
Pte., Ltd. (hereinafter referred to as the Company)
Definitions of terms used in these Terms of Service are as follows:
- "Service" means services provided by the Company to Members of
Topearner Exchange (https://topearnerexchange.com), a digital asset platform that allows Members to deposit/invest/swap their assets in digital asset deposit services and investment products.
- "Member" means a person who uses the
Topearner Exchange Services provided by the Company in accordance with these Terms.
- "ID" refers to the email address entered or registered at the time of signing up for a Membership for the purpose of Member identification and the use of the Service by a Member.
- "Digital Assets" which means electronic information that can be recorded and used in a certain network by being encrypted and issued with blockchain technology and includes cryptocurrency, digital assets, digital tokens or any other name used to describe it; hereinafter referred to as Digital Assets.
- "Earn" means the revenue paid for the Digital Assets deposited by a Member to
Topearner Exchange Earn or
Topearner Exchange Earn Plus, which are deposit products of the Service. This refers to the automatic payment by the Company on a daily basis of a part of the profits obtained by operating the assets entrusted by the Member according to the Earn Rate notified at the time of product subscription for the amount of assets deposited by the Member. Earn is paid on a daily basis for the product that a Member has subscribed to, in the form of the same asset as the Digital Assets deposited at the time of product subscription.
- “Switch” means the swap of one Digitial Assets to another Digital Asset funded to the
Topearner Exchange Marketplace.
- "Earn Rate" refers to the percentage of revenue that a Member receives on Digital Assets deposited in a deposit product. Earn Rate fluctuates approximately on a two-week cycle and is notified upon product subscription or on the website.
- “
Topearner Exchange Marketplace” refers to the marketplace where users can exchange Digital Assets deposited in the
Topearner Exchange platform.
- “Fill Rate” refers to a variable ratio of the current Marketplace pool reserve to the standard pool reserve.
- “Switch Partner” refers to the Members who deposit their Digital Assets to
Topearner Exchange Marketplace to make them available for swap.
- "Performance Fee" refers to the performance fee of 15% of the total investment return (based on the number of Digital Assets) at the time of expiration of the
Topearner Exchange Earn Explore product.
- “Basic Fee” refers to the cost the Member pays the Company for using the
Topearner Exchange
Switch. Fees are set at 0.05% of the transaction amount.
- “Reward Fee” refers to the cost the Member pays the liquidity providers of
Topearner Exchange Switch for using the
Topearner Exchange Switch. Fees are variable from 0.05% to 0.85% of the transaction amount. Reward Fee is determined by the Fill Rate of each Digital Asset funded at
Topearner Exchange Marketplace.
Except as specified in the above, the definitions of terms used in these Terms have the meaning set forth in the relevant laws and regulations. Anything not specified in the relevant laws and regulations shall be subject to general business practices.
- In order for Members to know these Terms, the Company will notify the Members of these terms and conditions by posting them on the initial screen or a connected screen of the Service or by other means. By signing up for the Service, Members are considered to have agreed to these Terms and are bound by the terms and conditions.
- The Company reserves the right to change or amend these Terms at any time according to circumstances and at its discretion.
- If the Company revises the Terms, the revisions will be updated on the
Topearner Exchange
website (https://topearnerexchange.com/terms), and the Company will notify any changes to these Terms by modifying the [last update date] within the Terms.
- However, in the case of a change that significantly affects the rights and obligations of Members, the Company shall notify the change through the email address entered when the Member signed up.
- If a Member uses the Service by signing an individual contract with the Company, the Company may set forth the terms of service or operation policy (hereinafter referred to as "Operation Policy, Etc.") for each Service. If such terms and conditions conflict with these Terms, the Operation Policy, Etc. for individual Services will take precedence.
- Other matters not specified in these Terms are subject to the Act on Regulation of Terms and Conditions in Singapore or other related laws. In the absence of clearly relevant statutes, general business practices will apply.
- The service use agreement between the Company and the Member (hereinafter referred to as the "Use Agreement") is concluded when a person who wants to use the Service (hereinafter referred to as " Applicant") agrees to these Terms and the Privacy Policy and then applies for Membership, and the Company approves their use.
- In principle, the Company will approve the use of the Service upon the Applicant's application. However, the Company may refuse to approve or terminate the Use Agreement afterward:
- If the Applicant has previously lost Membership under these Terms;
- If an Applicant applies for subscription by using another person's information or name;
- If the Applicant enters false information or does not provide the information requested by the Company;
- If the Applicant is under the age of 18;
- If the Applicant is a citizen or entity registered in Panama, Afghanistan, Albania, Barbados, Botswana, Burkina Faso, Central African Republic, Iran, Iraq, Jamaica, North Korea, Mauritius, Myanmar, Nicaragua, Pakistan, Congo, Senegal, Somalia, Syria, Uganda, Yemen, Zimbabwe, but not limited to the countries listed as the Specially Designated National (SDN) as specified by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury;
- If the Company cannot approve due to the reasons attributable to the Applicant or cannot provide the Service due to other reasons.
- If facilities related to the Service lack sufficient capacity, if technical or business problems arise, or if it is deemed necessary by the Company's reasonable discretion, the Company may withhold approval.
- If the Company refuses to approve or withholds the subscription or terminates the Use Agreement according to the reasons described in this article, the Company will in principle inform the Applicant thereof.
- When the Company indicates the completion of subscription in the application process, it shall be deemed that the Use Agreement has been established.
- Users who wish to use the Service by signing up as Members shall complete KYC verification, email and SMS authentication for depositing Digital Assets.
- If a user does not go through the authentication required by the Service as defined in this article, the use of the Service shall be restricted. Users or Members who have not registered with their own personal information may not claim any rights with respect to this Service.
- If a Member applies for use of the Service by illegal use of other's name, his/her Member ID will be deleted, and the Member may be held liable according to related laws.
- The Company strives to protect the personal information of Members, including account information, as prescribed by related laws and regulations. The protection and use of Members' personal information are subject to the Privacy Policy notified separately by the Company (https://topearnerexchange.com/privacy). Notwithstanding the foregoing, the Company's Privacy Policy does not apply to websites other than the official service application and website provided by the Company.
- The Company does not take any responsibility for the exposure of any information, including the account information of Members, due to reasons attributable to the Members.
- In order to facilitate the use of the Service, protect the information of Members, and facilitate guidance on the use of the Service, the email address selected by the Member will be used as the Member ID. However, the Company may refuse or limit the use of the Member ID if the content of the ID is antisocial, harms the morals, or may mislead others about an operator.
- The Company uses account information to determine Members' eligibility to use the Service and perform various other tasks related to Member management.
- Members shall manage their account information with due care. In the event of damage caused by violating this Article, the Member shall be held fully responsible.
- Members may freely set the password within the scope of the standards set by the Company and change the designated password at any time they choose.
- Members are responsible for the protection and management of the password. However, the Company may recommend regular or irregular changes of the password to Members for security reasons.
- The account shall only be used by the person who registered the account. Any Member who suspects or has discovered unauthorized use of a Member's account and password should immediately notify the Company.
- The Company may immediately take measures including suspension of account use.
- The Company shall not be liable for any loss or damage arising from your or a third party's use of your
Topearner Exchange account, whether or not it has been approved by you.
- The Company reserves the right to suspend, freeze, or cancel the use of the account by anyone other than the account registrant.
- Unless otherwise specified in these Terms, the notice by the Company to Members may be made by the email entered at the time of Membership registration, notification messages in the Service, or electronic posts, and by similar means.
- Notices for all Members may be replaced by posting on a specific area on the Company's homepage or on the notice board of the Service in substitution for the above notice.
- Unless there is a special problem related to business operations or technology, the Company provides 24/7 service: 24 hours a day, 7 days a week. However, if it is necessary for operation, including but not limited to periodic checking of information and communication systems, expansion and replacement of servers, patching of various bugs, and replacement with new services, the Service may be temporarily suspended for a certain period of time. Periodic inspection time will be announced on the service provision screen.
- If, for unavoidable reasons, the Company is unable to give advance notification, the Company may temporarily suspend the provision of the Service and notify it later.
- The Company may limit or stop all or part of the Service:
- If there are uncontrollable reasons like force majeure including but not limited to war, rebellion, natural disasters, or national emergency;
- If there are unavoidable circumstances due to construction including but not limited to repair of service equipment;
- If normal Service is disrupted for reasons including power outage, failure of facilities, or excessive server load;
- If the Service cannot be otherwise provided due to various circumstances of the Company.
- The Company shall not be liable for any problems arising from the change or suspension of the Services unless the Service has been changed or suspended due to the Company's intention or gross negligence.
- If any of the above reasons occurs, the Company shall make best efforts to resume Service as soon as possible.
- In the event that, for reasons including filing for bankruptcy or applying for the commencement of corporate reorganization procedures, the Company cannot reasonably carry out normal business activities or provide continuous Service, the Company may suspend the Service from 30 days after the date of notification to the Member.
- The Service may also be changed or terminated in the event that a partner company with which
Topearner Exchange has contracted to provide the Company's Service terminates or alters the agreement, introduces a new service, or for similar reasons. In this case, such changes will be notified on the web page of the Service or to the email address entered when the Member signed up.
- In the following cases, the Company may freeze and suspend the account without prior notice or consent to the Member:
- If the Member is under the age of 18;
- If it is suspected that a Member's account has been stolen or that someone other than the Member has logged in or used the Service;
- If a Member's account is, or is suspected of, being provided as a loan, transfer, or collateral;
- If it is suspected that a Member has used someone else's personal information during identity verification;
- If it is suspected or confirmed that a Member is an entity registered on a list of trade ban or economic sanctions, including but not limited to the Specially Designated National (SDN) as specified by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury;
- If an investigative agency requests assistance in a criminal investigation, a court order has been issued, a government agency requests an investigation of a Member, or the Company suspects illegal use.
- You shall be aware that if you reside in a location found to, or considered likely to, violate international law, anti-money laundering laws or other laws, there may be a disadvantage in your using the Service.
- Members shall not engage in any acts that violate the laws and regulations of the country in which they reside.
- Members can deposit Digital Assets in
Topearner Exchange Services by transferring Digital Assets from outside of
Topearner Exchange Services to
Topearner Exchange Earn products. Members can receive deposit revenue provided by
Topearner Exchange Earn products by depositing Digital Assets that support deposit from the Service to the deposit address for each Digital Asset that the Members have received from
Topearner Exchange
Service.
- When depositing Digital Assets from outside to
Topearner Exchange Service, the Member shall accurately enter the address to receive a deposit (address information) provided by
Topearner Exchange
Service. The Company shall not be liable for any damage caused by the Member entering an incorrect address.
- Members can deposit or withdraw Digital Assets from outside to
Topearner Exchange
Services. You can apply for a withdrawal of the entire principal from
Topearner Exchange Earn and Earn Plus at any time, and it may take up to 24 hours to process the withdrawal within the
Topearner Exchange Service. Depending on the blockchain network situation, it may take additional time for the completion of the transfer of Digital Assets to a Member's external wallet address after the processing of the withdrawal of the
Topearner Exchange
Invest Service, and the Company is not responsible for any problems caused by this delay.
- In the case of withdrawal, you shall provide accurate information about the digital wallet to which you want to transfer the Digital Assets or the external address where the Digital Assets can be transferred. If the detailed information you provide is inaccurate, incomplete, or misleading, there is a risk of permanent loss of your Digital Assets. When you withdraw all or part of Digital Assets, we are not responsible for any loss caused by inaccurate, incomplete, or incorrect information you may provide for such transfer.
- If remittance to the external wallet specified by you or the external address for Digital Assets cannot be processed, we are not responsible for the failure to process your withdrawal request or the loss or delay of the withdrawal amount.
- Deposits and withdrawals of Digital Assets may be suspended temporarily or permanently upon cyber attacks against
Topearner Exchange Services or partner services used by
Topearner Exchange , extreme fluctuations in market conditions, or other operational and technical problems.
Topearner Exchange Service is not responsible for any kind of loss or damage arising from cyber attacks, operational or technical issues, or suspension of deposits and withdrawals.
- All blockchain transaction fees charged by third parties in connection with your withdrawals will be deducted from the amount of Digital Assets you withdraw from your products. For example, if you withdraw one bitcoin from a Digital Asset product and the bitcoin network charges the transaction fee equivalent to .01 bitcoin, you will receive .99 bitcoins.
We provide a deposit service that provides deposit revenue based on the deposit period if a Member deposits Digital Assets. Members who use the deposit service shall be fully aware of the risks of investing in Digital Assets and carefully determine their operations. You agree that all investment activities performed in the Service represent your true investment intent and that you accept the potential risk of your investment decision.
By depositing, a Member enters into a contract to use the Service and agrees to the terms and conditions for the product. Members are recommended to check the description of the deposit service in these Terms and note the following when using the
Topearner Exchange deposit service:
- Members can deposit Digital Assets into their deposit products and receive deposit revenue.
- The Digital Assets deposited in this product are transferred to a cold wallet (device, physical medium, program or service which stores Digital Asset information that is separated from the public internet) managed by the Company, transferred to
Topearner Exchange trading team and external partners verified by
Topearner Exchange , and used for trading and operation.
- Earn (deposit interest) is paid on a daily basis based on the annual interest rate announced at the time of product subscription. It is paid for the amount of the asset that has been deposited for more than 24 hours, based on the time the Digital Asset was deposited into the deposit product account at the time of interest payment specified by the
Topearner Exchange Service.
- Earn Rate fluctuates approximately on a two-week cycle and you can check the changed interest rate on the service screen.
- Earn Rate of the product to which a Member has subscribed is automatically changed and applied according to the interest rate applied during the corresponding period.
- Depending on the type of token asset being deposited, this product pays Earn only for assets that have been deposited up to 5BTC for Bitcoin products, 100ETH for Ethereum products, and 100,000USDT for Tether (USDT) products. Earn limits are calculated based on the balance of the product for each token.
- Members can request to withdraw their assets at any time in accordance with the withdrawal conditions specified in Article 13.
-
Topearner Exchange reserves the right to pause or terminate the deposit service.
- Unless the law requires prior notice, we reserve the right to temporarily or permanently remove online access and restrict access to
Topearner Exchange products, including but not limited to restricting the use of
Topearner Exchange products and/or closing
Topearner Exchange products without prior notice. We shall not be liable for such actions. In addition,
Topearner Exchange reserves the right to hold or suspend the withdrawal of funds or assets belonging to you if you fail to comply with the terms and conditions set forth in the Terms.
- This product/account shall not be transferred in whole or in part to someone who is not a Member.
- The Company is committed to ensuring that the Service continues to operate without delay/stop. However, the Company may limit or stop all or part of the Service:
- If there are uncontrollable reasons like force majeure including but not limited to war, rebellion, natural disasters, or national emergency;
- If normal Service is disrupted for reasons including power outage, failure of facilities, or excessive server load;
- If there are unavoidable circumstances due to construction including but not limited to repair of service equipment;
- If the Service cannot be otherwise provided due to various circumstances of the Company.
- The Company shall not be liable for any problems arising from the change or suspension of the Services unless the Service has been changed or suspended due to the Company's intention or gross negligence.
- In the event of a problem caused by the Company's gross negligence, the Company shall compensate for damage caused by such negligence up to the limit of the Company's assets. Regarding compensation for damages, all claims shall be made against the Company, and shall not extend to other individuals or organizations, including Service Members, affiliates, investors, employees, officers, agents, or advisors. We are not responsible for your actions and the burden of all related losses falls solely on you.
We provide a deposit service that provides deposit revenue based on the set deposit period if a Member sets the desired period and deposits Digital Assets. Members who use the deposit service shall be fully aware of the risks of investing in Digital Assets and carefully determine their operations. You agree that all investment activities performed in the Service represent your true investment intent and that you accept the potential risk of your investment decision.
By transferring the assets from
Topearner Exchange Earn to
Topearner Exchange Earn Plus, the Member enters into a service use agreement and agrees to the terms and conditions for the product. Members are recommended to check the description of the deposit service in these Terms and note the following when using the
Topearner Exchange
deposit service:
- Members can transfer/deposit Digital Assets to their deposit products and receive deposit revenue.
- The Digital Assets deposited in this product are transferred to a cold wallet managed by the Company, transferred to
Topearner Exchange trading team and external partners verified by
Topearner Exchange , and used for trading and operation, or provided as corporate loans of companies that have passed
Topearner Exchange 's own standards and due diligence.
- Earn (deposit interest) is automatically paid on a daily basis based on the annual interest rate announced at the time of product subscription.
- Members can directly set the product subscription period within the range of 15 to 365 days and can set their subscription period to automatically renew through the Auto-Renewal function.
- Earn Rate fluctuates approximately on a two-week cycle and you can check the changed interest rate on the service screen.
- As for the Earn Rate of the product to which a Member has subscribed, the interest notified at the time of the Member's product subscription is applied during the product deposit period.
- After subscribing to a product, Members cannot make additional deposits to the subscribed product.
- Members are not allowed to move/transfer/withdraw deposit assets during the subscription period agreed at the time of product subscription, nor to drop out of product subscription within the product subscription period contracted by the Members, including the situation where the subscription period is automatically extended/updated through the Auto-Renewal function. However, if deposit interest (Earn) has been generated, the Earn can be transferred to
Topearner Exchange Earn even before the maturity date.
- If a Member does not activate Auto Renewal, the Digital Assets deposited by the Member are automatically transferred to
Topearner Exchange Earn after the product expiration date set by the Member when signing up for the product. It is not allowed to withdraw directly from
Topearner Exchange Earn Plus products to an external electronic wallet.
-
Topearner Exchange reserves the right to stop or terminate the deposit service.
- Unless the law requires prior notice, we reserve the right to temporarily or permanently remove online access and restrict access to
Topearner Exchange products, including but not limited to restricting the use of
Topearner Exchange products and/or closing
Topearner Exchange products without prior notice. We shall not be liable for such actions. In addition,
Topearner Exchange reserves the right to hold or suspend the withdrawal of funds or assets belonging to you if you fail to comply with these terms and conditions.
- This product/account shall not be transferred in whole or in part to someone who is not a Member.
- The Company is committed to ensuring that the Service continues to operate without delay/stop. However, the Company may limit or stop all or part of the Service:
- If there are uncontrollable reasons like force majeure including but not limited to war, rebellion, natural disasters, or national emergency;
- If normal Service is disrupted for reasons including power outage, failure of facilities, or excessive server load;
- If there are unavoidable circumstances due to construction including but not limited to repair of service equipment;
- If the Service cannot be otherwise provided due to various circumstances of the Company.
- The Company shall not be liable for any problems arising from the change or suspension of the Services unless the Service has been changed or suspended due to the Company's intention or gross negligence.
- In the event of a problem caused by the Company's gross negligence, the Company shall compensate for damage caused by such negligence up to the limit of the Company's assets. Regarding compensation for damages, all claims shall be made against the Company, and shall not extend to other individuals or organizations, including Service Members, affiliates, investors, employees, officers, agents, or advisors. We are not responsible for your actions and the burden of all related losses falls solely on you.
This service is an investment product that provides variable returns depending on the operation performance through investment management from the deposit date (date of product subscription) to the product maturity date when a Member deposits Digital Assets in this product. This may result in the loss of the total amount of the investment deposited depending on the investment performance. Members who use this investment service shall be fully aware of the risks of investing in Digital Assets and carefully determine their operations.
You agree that all investment activities performed in the Service represent your true investment intent and that you accept the potential risk of your investment decision. The Company shall not be liable for any loss or damage arising from the failure to recognize the risks associated with using the Service or using Digital Assets.
By depositing, a Member enters into a contract to use the Service and agrees to the terms and conditions for the product. Members are recommended to check the description of the investment service in these Terms and note the following when using the
Topearner Exchange ment Service:
- Members can transfer Digital Assets to their investment products and receive deposit revenue.
- The Digital Assets deposited in this product are transferred to a cold wallet managed by the Company, transferred to external partners verified by
Topearner Exchange , and used for trading and operation.
- Return on investment fluctuates depending on the operating performance of the investment asset and we do not commit to a specific rate of return.
- This product has the risk of losing principal, and previous operating results do not guarantee future profits.
- The information used in the description and guidance of this product is based on reliable data, but its accuracy and completeness are not guaranteed.
- Members are subscribed to the product by the end of the coming quarter as of the date of deposit and can extend their subscription period through the Auto-Renewal function.
- Return on investment will be paid within 5 business days after the product expiration date.
- In the event of a return of more than 15% per year as of the maturity date, this product shall incur a performance fee of 15% of the total investment return (based on the number of Digital Assets) at the time of expiration of the product.
- The fee for using the product will be notified at the time of product subscription but may change depending on the operational situation afterward.
- Members are not allowed to withdraw deposit assets during the subscription period agreed at the time of product subscription, nor to drop out of product subscription within the product subscription period contracted by the Members.
- The Digital Assets deposited by a Member when signing up for the product are automatically transferred to
Topearner Exchange Earn after the payment date of the principal and interest of this product. It is not allowed to withdraw directly from
Topearner Exchange Earn Explore products to an external electronic wallet.
-
Topearner Exchange reserves the right to stop or terminate the investment service.
- Unless the law requires prior notice, we reserve the right to temporarily or permanently remove online access and restrict access to
Topearner Exchange products, including but not limited to restricting the use of
Topearner Exchange products and/or closing
Topearner Exchange products without prior notice. We shall not be liable for such actions. In addition,
Topearner Exchange reserves the right to hold or suspend the withdrawal of funds or assets belonging to you if you fail to comply with these terms and conditions.
- This product/account shall not be transferred in whole or in part to someone who is not a Member.
- The Company is committed to ensuring that the Service continues to operate without delay/stop. However, the Company may limit or stop all or part of the Service:
- If there are uncontrollable reasons like force majeure including but not limited to war, rebellion, natural disasters, or national emergency;
- If normal Service is disrupted for reasons including power outage, failure of facilities, or excessive server load;
- If there are unavoidable circumstances due to construction including but not limited to repair of service equipment;
- If the Service cannot be otherwise provided due to various circumstances of the Company.
- The Company shall not be liable for any problems arising from the change or suspension of the Services unless the Service has been changed or suspended due to the Company's intention or gross negligence.
- In the event of a problem caused by the Company's gross negligence, the Company shall compensate for damage caused by such negligence up to the limit of the Company's assets. Regarding compensation for damages, all claims shall be made against the Company, and shall not extend to other individuals or organizations, including Service Members, affiliates, investors, employees, officers, agents, or advisors. Our liability for your claims is limited to the face value of the item or transaction or to the actual value of funds that have not been properly deposited or withdrawn. We are not responsible for you and the burden of the loss falls on you.
We provide a swap service where a Member can swap one Digital Asset for another. Members who use the swap service shall agree that all swap activities performed in the Service represent their true intent and that they accept the potential risk of their decision.
By using
Topearner Exchange Switch, the Member enters into a service use agreement and agrees to the terms and conditions for the product. Members are recommended to check the description of the swap service in these Terms and note the following when using the
Topearner Exchange Switch (beta) service:
- Members can swap Digital Assets deposited in
Topearner Exchange Earn account for another Digital Asset funded in the
Topearner Exchange Marketplace.
- Members can become liquidity providers of
Topearner Exchange Switch by funding their Digital Assets to the
Topearner Exchange Marketplace. The amount of Digital Assets funded to the
Topearner Exchange Marketplace determines the Fill Rates, a variable ratio of the current Marketplace pool reserve to the standard pool reserve.
- When swap occurs, the Market fees are allocated to all Switch liquidity providers in proportion to the amount of their Digital Assets funded to the
Topearner Exchange Marketplace.
- The accurate swap rate and amount is determined upon the confirmation of transaction and may differ from what is shown in the Switch request page as an estimate.
-
Topearner Exchange reserves the right to stop or terminate the swap service.
- Unless the law requires prior notice, we reserve the right to temporarily or permanently remove online access and restrict access to
Topearner Exchange products, including but not limited to restricting the use of
Topearner Exchange products and/or closing
Topearner Exchange products without prior notice. We shall not be liable for such actions. In addition,
Topearner Exchange reserves the right to hold or suspend the withdrawal of funds or assets belonging to you if you fail to comply with these terms and conditions.
- This product shall not be accessed in whole or in part to someone who is not a Member.
- After the beta period, the Company is committed to ensuring that the Service continues to operate without delay/stop. However, the Company may limit or stop all or part of the Service:
- If there are uncontrollable reasons like force majeure including but not limited to war, rebellion, natural disasters, or national emergency;
- If normal Service is disrupted for reasons including power outage, failure of facilities, or excessive server load;
- If there are unavoidable circumstances due to construction including but not limited to repair of service equipment;
- If the Service cannot be otherwise provided due to various circumstances of the Company.
- The Company shall not be liable for any problems arising from the change or suspension of the Services unless the Service has been changed or suspended due to the Company's intention or gross negligence.
- In the event of a problem caused by the Company's gross negligence, the Company shall compensate for damage caused by such negligence up to the limit of the Company's assets. Regarding compensation for damages, all claims shall be made against the Company, and shall not extend to other individuals or organizations, including Service Members, affiliates, investors, employees, officers, agents, or advisors. We are not responsible for your actions and the burden of all related losses falls solely on you.
- By registering your account with the Service, you are agreeing to provide personal information necessary for identification. Such information may be used to verify the identity of the user and for other legitimate purposes, including but not limited to identifying traces of tax laundering, terrorist financing, fraud, and other financial crime.
- Identity verification requires a government-issued ID card to identify an individual. Other requirements may include your legal name, email address, contact information, date of birth, photo with face, and proof of residence. The Company may entrust the identity verification to a third party that specializes in identity verification.
When providing such information, Members should ensure that it is true and correct. Members represent and warrant that all information provided to us in accordance with these Terms is true, accurate, and in no way misleading. If such information changes, you are required to update it as soon as possible.
- The Company may provide Members with various information such as service-related information deemed necessary for using the Service and customized service information for each Member through email or text message (SMS/LMS), or post on the web page of the Service. In addition, if a Member does not want to receive various information such as service-related information provided by the Company, customized service information for each Member, or advertisement information, the Member can opt out of receiving unsolicited email on the Settings page or through email.
- In order to maintain the Service, the Company may place advertisements in the space exposed when using the Service or in media operated by other advertisement providers, and the Members agree to the publication of these advertisements.
- The Company shall not be liable for any loss or damage arising from the participation, communication, or transaction of Members in activities related to advertisements posted by a third party in accordance with Paragraph 2.
- The Company may provide advertisements using personal information lawfully collected from Members using e-mail, text message (SMS/LMS), or other means. Members who do not want to see these messages may opt out of receipt on the Settings page or through -email.
- In relation to the provision of information and advertisements above, the Company shall comply with the terms and conditions of the platform operators providing the information to the Company and the Terms of the Company.
- The copyright and intellectual property rights for the Service shall be vested in the Company.
- In relation to the Service, the Company only grants a Member the right to use the Service according to the Terms of Service, and the Member shall not dispose of it, including but not limited to transferring, selling, or providing collateral.
- Members shall not use, or have third parties use, materials posted on the Service for profit-making purposes, including but not limited to processing and selling information obtained by using the Service.
- Members can apply for Membership withdrawal from the Service at any time through the contact information notified by the Company, and the Company will proceed with the withdrawal process accordingly.
- If a Member terminates the Use Agreement, the Company shall delete the Member's account data, except when it is necessary to retain Member information in accordance with applicable laws and regulations.
- The Member shall bear any disadvantages arising from the termination of the Use Agreement, and upon the termination of the Use Agreement, the Company may withdraw various free benefits additionally provided to the Member.
- The Company may terminate the Use Agreement:
- If a Member intentionally interferes with the Company's business;
- If a Member interferes or attempts to interfere with the smooth progress of the Service;
- If a Member violates other Members' rights, honor, credit, or other legitimate interests or commits an act that otherwise violates social order;
- If a Member violates these Terms or if a reason for termination specified in these Terms occurs;
- If it is confirmed that a Member fails to give consent to the Use Agreement as specified in these Terms;
- If it is deemed necessary to refuse to provide Services according to the Company's reasonable judgment.
- If the Company terminates the Use Agreement, the Company will notify the Member of the reason for termination by email or through similar means. In this case, the Company shall set a reasonable period of time before termination and give the Member an opportunity to object. However, the Company may not grant the period of objection if the Company sets separate reasons in these Terms and Operation Policy.
- If the Use Agreement is terminated by the Company, the Company may refuse to approve the Member's re-application.
- Liability for all damages related to the termination of the Use Agreement shall lie with the Member whose Use Agreement has been terminated, and the Company shall not be liable unless otherwise specified in the relevant laws and regulations.
- In the event of damage to a Member due to a defect in the Service, the Company shall compensate only the actual damage to the Member. However, we are not responsible for any damages to Members for reasons other than the Company's intention or negligence.
- If a Member damages the Company due to a violation of the obligations of these Terms, or if a Member damages the Company in connection with the use of the Service, the Member shall compensate the Company for such damages.
- Members shall indemnify the Company at their own responsibility and expense, from and against any objections, claims for damages, or legal actions by third parties other than the Members based on a claim arising from or relating to acts performed by Members while using the Service illegally or in violation of these Terms. If the Company is not indemnified, the Member is responsible for reimbursing any damage to the Company caused thereby.
- If the Company is unable to provide the Service due to natural disasters or force majeure, the Company will be exempted from the responsibility for providing the Service.
- The Company shall not be liable for the suspension of the Service or the failure to use the Service for reasons attributable to the Member, and shall be exempted from liability if the telecommunications service provider terminates the telecommunication service or fails to provide the service normally.
- In the case of checking the Company's server for Service provision, the Company will be exempted from liability for delays in service provision and other related events.
- The Company is not responsible for any unavoidable obstacles or service limitations arising due to the characteristics of Digital Assets including technical limitations or defects inherent to the digital asset issuance management system.
- Content provided by the Company or other information providers in the Service or by Member's email does not suggest or imply any investment. The information posted and transmitted may have errors and other inaccuracies, and we are not responsible for the reliability, accuracy, etc. thereof.
- The Company shall not be held liable for any transactions or other dealings between Members or between a Member and a third party by means of the Service.
- The Company is not responsible for the use of any services provided for free unless otherwise specified in the relevant laws and regulations.
Legal actions between the Company and Members are governed by the law of Singapore. Unless otherwise specified in the relevant laws and regulations, the courts of Singapore shall have jurisdiction over any dispute between the Company and Members.
Any part, provision, representation or warranty of this Agreement which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any part, provision, representation or warranty of this Agreement which is prohibited or unenforceable or is held to be void or unenforceable in any jurisdiction shall be ineffective, as to such jurisdiction, to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction as to any Mortgage Loan shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by applicable law, the parties hereto waive any provision of law which prohibits or renders void or unenforceable any provision hereof. If the invalidity of any part, provision, representation or warranty of this Agreement shall deprive any party of the economic benefit intended to be conferred by this Agreement, the parties shall negotiate, in good-faith, to develop a structure the economic effect of which is as close as possible to the economic effect of this Agreement without regard to such invalidity.
Company contact information is as follows:
- Email address:
support@topearnerexchange.com
These Terms shall take effect from 18 March, 2021 (Last revised: 2 August, 2021).