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Terms of Service on TCV

1. Introduction

In these TCV Terms of Service ("Terms"), "TCV", "we", "our", or "us" refers to Datalink Foundation Pte. Ltd. And we own and operate the website ("the Site").The Site provides access to a decentralized protocol on the Binance Smart Chain that allows suppliers and borrowers of certain digital assets to participate in a cross-chain lending marketplace (the “Protocol”). These Terms apply to you (“You”) as a user of the Site and TCV front-end, including all the products, services, tools and information made available on the Site.

Please read these Terms carefully before using the Site. These Terms apply to any person accessing the Site. If you don‘t want to be bound by them, you should not access the Site. By using the Site in any capacity, you signify that you have read, understood, and agreed to be bound by these Terms in their entirety.

2. Modification of these Terms

We reserve the right, in our sole discretion, to modify these Terms from time to time. Changes are binding on users of the Site and will take effect immediately upon posting. As a user, you agree to be bound by any changes, variations, or modifications to our terms of service and your continued use of the Site shall constitute acceptance of any such changes, variations, or modifications. If you do not agree with any modifications to these Terms, you must immediately stop accessing and using the Site. You are advised to check these Terms periodically to familiarise yourself with any changes to these Terms.

3. Eligibility

To access or use the Site, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least 18 years old and have the full right, power, and authority to enter into and comply with the terms and conditions of these Terms on behalf of yourself and any company or legal entity for which you may access or use the Site. You further represent that you are not a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States, or where your use of the Site would be illegal or otherwise violate any applicable law. You further represent that your access and use of the Site will fully comply with all applicable laws and regulations, and that you will not access or use the Site to conduct, promote, or otherwise facilitate any illegal activity.

We reserve the right to limit the availability of the Site to any person, geographic area or jurisdiction we so desire including (but not limited to) Vietnam and/or to terminate your access to and use of the site, at any time and in our sole discretion.

4. Site

As part of the Site, TCV provides access to a decentralized finance application (“Application”) on some of the permissionless blockchain network like Binance Smart Chain that allows pool owners, lenders or borrowers of assets (“Cryptocurrency assets”) to transact using smart contracts (“Smart Contracts”). Using the TCV Protocol may require that you pay a fee to perform a transaction.

You acknowledge and agree that:

  • that any Smart Contracts you interact with are entirely your own responsibility and liability, and that TCV is not party to the Smart Contracts.

  • that you have a working knowledge of the usage and intricacies of digital assets

  • that TCV has no control over any transactions, the method of payment of any transactions, or any actual payments of transactions.

  • that you have a sufficient balance of the applicable cryptocurrency tokens stored at your TCV Protocol-compatible wallet address (“Cryptocurrency Wallet”) to complete any transaction on the TCV Protocol or the Binance Smart Chain network before initiating such transaction.

5. Prohibited Activity

You will comply with all applicable domestic and international laws, statutes, ordinances and regulations applicable to your use of the Site. As a condition to accessing or using the the Site, you:

  • will only use the Services and the Site for lawful purposes and in accordance with these Terms.

  • will ensure that all information that you provide on the Site is current, complete, and accurate.

  • will maintain the security and confidentiality of access to your cryptocurrency wallet address.

You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Site:

  • Intellectual Property Infringement:

    • Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.

    • Activity that infringes on or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using the Site.

  • Cyber Attack:

    • Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks.

    • The attempt to circumvent any content filtering techniques or security measures that we employ on the Site, or attempt to access any service or area of the Site that you are not authorized to access.

    • Activity that uses any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Site to extract data.

    • Activity that introduces any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Site.

  • Fraud and Misrepresentation:

    • Activity that seeks to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.

    • Activity that misrepresents the truthfulness, sourcing or reliability of any content on the Site.

    • The use of the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site or the Protocol, or that could damage, disable, overburden, or impair the functioning of the Site or the Protocol in any manner.

    • Posting of content on the Site containing unsolicited promotions, commercial messages or any chain messages or user content designed to deceive or trick the user of the Site.

    • Posting of content or communications on the Site that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable.

  • Market Manipulation:

    • Activity that violates any Applicable Law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws and any relevant and applicable privacy and data collection laws, in each case as may be amended.

  • Any Other Unlawful Conduct:

    • Activity that violates any applicable law, rule, or regulation of Singapore or another relevant jurisdiction, including (but not limited to) the restrictions and regulatory requirements imposed by law Singapore.

    • The use of the Site for any purpose that is unlawful.

    • Activity like exporting, re-exporting, or transfering, directly or indirectly, any technology in violation of applicable export laws or regulations.

    • Activity that encourages or induces any third party to engage in any of the activities prohibited under these Terms.

We may suspend or disable your access to the Site if we consider it reasonable to do so, e.g. you breach these Terms.

6. Assumption of risks

You acknowledge that the Site and your use of the Site contain certain risks, including without limitation the following risks:

  • The markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation.

  • Cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time.

  • Your digital assets may lose some or all of their value while they are supplied to the Protocol.

  • At any time, your access to your cryptocurrency assets may be suspended or terminated or there may be a delay in your access or use of your cryptocurrency assets which may result in the cryptocurrency assets diminishing in value or you being unable to complete a Smart Contract.

  • If you are a borrower of cryptocurrency assets and if your collateral declines such that your collateral is no longer sufficient to secure your borrowed cryptocurrency assets, other users may seize your collateral to close out your borrowed cryptocurrency asset balance.

  • And the Site may be suspended or terminated for any or no reason, which may limit your access to your cryptocurrency assets.

Accordingly, you expressly agree that:

  • you assume all risks in connection with your access and use of the Site, the Protocol and the Smart Contracts.

  • that you expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way related to your use of the Site, the Protocol or the Smart Contracts.

Access to the Site is provided “as is” and “as available” basis only. We do not guarantee that the Site, or any content on it, will always be available or uninterrupted. From time to time, access may be interrupted, suspended or restricted, including because of a fault, error or unforeseen circumstances or because we are carrying out planned maintenance.

7. Proprietary Right

We own all intellectual property and other rights in the Site and its contents, including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, and designs. Unless expressly authorized by us, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or use the Site or any of its contents. Provided that you are eligible, you are hereby granted a single, personal, limited license to access and use the Site. This license is non-exclusive, non-transferable, and freely revocable by us at any time without notice or cause. Use of the Site or its contents for any purpose not expressly permitted by these Terms is strictly prohibited.

8. Third-party links

The Site may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party‘s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

9. Privacy

Certain areas of our website may record and collect information about you. You can find more information about how we will process your personal information in our

Privacy Policy.

10. Disclaimers

Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the Site, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or the information contained within it. We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the Site; (c) unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function related to the Site; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Site; and (g) the defamatory, offensive, or illegal conduct of any third party. The content and materials available on the Site are for informational purposes only and is not intended to address your particular requirements. In particular, the content and materials available on the Site does not constitute any form of advice or recommendation by us, should not be regarded as an offer, solicitation, invitation or recommendation to buy or sell investments, securities or any other financial services and is not intended to be relied upon by you in making any specific investment or other decisions. We recommend that you seek independent advice from financial advisory before making any such decision.From time to time, reference may be made to data we have gathered. These references may be selective or, may be partial. As markets change continuously, previously published information and data may not be current and should not be relied upon.

11. className Action and Jury Trial Waiver

You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported className action, collective action, private attorney general action, or other representative proceeding. This provision contains mandatory individual arbitration and className action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

12. Indemnity

You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Site; (b) your violation of any term or condition of these Terms, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party’s access and use of the Site with your assistance or using any device or account that you own or control.

13. Dispute resolution

Any dispute, controversy, or claim arising out of or in relation to these Terms, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the Rules of Singapore International Arbitration Centre in force on the date when the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one or three; the seat of the arbitration shall be determined by the arbitrator(s); the arbitral proceedings shall be conducted in English. The applicable law shall be Singapore law.

14. Applicable law

You agree that the laws of Singapore, without regard to principles of conflict of laws, govern these Terms and any Dispute between you and us.

15. General

We may perform any of our obligations, and exercise any of the rights granted to us under these Terms, through a third-party. We may assign any or all our rights and obligations under these Terms to any third-party.

If any clause or part of any clause of these Terms is found to be void, unenforceable or invalid, then it will be severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms.

No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise.

If any of the provisions in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder shall continue in full force and effect.

All disclaimers, indemnities and exclusions in these Terms shall survive termination of these Terms and shall continue to apply during any suspension or any period during which the Site is not available for you to use for any reason whatsoever.

These Terms and the documents referred to in them set out the entire agreement between you and us with respect to your use of the Site, TCV and the services provided via the Site and supersede any and all prior or contemporaneous representations, communications or agreements (written or oral) made between you or us.

These Terms and the documents referred to in them set out the entire agreement between you and us with respect to your use of the Site, TCV and the services provided via the Site and supersede any and all prior or contemporaneous representations, communications or agreements (written or oral) made between you or us.

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