TERMS OF USE
1. General
1.1 This website (this “Website”) and its product and organisation is owned and operated by TMON LABS, subsidiary of a registered company in , a B.V.I Company with Registration Number: 2091258 with address Unit 8, 3F., Qwomar Trading Complex, Blackburne Road, Port Purcell, Road Town, Tortola, British Virgin Islands, BG 1110 (“TMON”). For the avoidance of doubt, the words “we,” “us” and “our” refer to TMON (Company)
1.2 Your access or use of this Website is subject to these terms of use (“Terms of Use”).
1.3 By accessing or using this Website including but not limited to browsing this Website, making enquiries, making payments online or by making any other interactions via this Website, you are deemed to have accepted and agreed to be bound by these Terms of Use.
1.4 You are responsible for all access to this Website using your internet connection, even if the access is made by another person.
1.5 TMON may make changes to these Terms of Use from time to time. All changes of the revised version of these Terms of Use will be posted on this Website. Your continued use of this Website after such changes have been made will constitute your acceptance of those changes.
1.6 TMON reserves the right to restrict your access to this Website or part of it. Access to restricted areas of this Website may be subjected to registration and other conditions. If TMON grants you permission to access a restricted area, TMON may withdraw that permission at any time.
1.7 TMON reserves the right to amend or remove any information uploaded by you from this Website if TMON decides in its sole discretion that such information is false, incomplete, inaccurate, not up-to-date, misleading, breaches any laws or these Terms of Use, or causes TMON to be in breach of any laws or its agreements with other persons.
1.8 TMON may post information relating to investment strategies and opportunities from time to time. For the avoidance of doubt, the information that TMON posts relating to investment strategies and opportunities is not and will not be considered or relied upon as advice on investments, considered as solicitation of deals, or considered as inducements to invest in any products.
1.9 TMON reserves the right to seek all remedies under the law for any violation of these Terms of Use.
2. Intellectual Property Rights
2.1 The intellectual property rights in this Website and all of the information, texts, pictures, videos and other contents made available on this Website are owned by TMON and its licensors. You shall not print, transmit or otherwise make copies of any such content with the express prior permission of TMON.
3. Accessing the Website
3.1 You can access the Website as a visitor or as a registered user. You may browse the public-facing portions of the Website without registering an account with TMON. However, you must register for an account in order to purchase the TMON Tokens on the Website. You are required to provide your name, your email address and any other information as required by TMON. Thereafter, you can login by using your username and password that you have created.
3.2 The information that you have provided are deemed to be true, accurate, complete, and up to date. You are responsible for the security of your account and password. TMON will not be liable for any loss or damage arising from your failure to keep your information safely.
3.3 TMON may refuse any request for the registration of an account and suspend or terminate an account at its sole discretion.
3.4 All requests or applications for the purchase of the TMON Tokens are subject to TMON’s acceptance, your entry into a token sale agreement with TMON and a satisfactory outcome of the know-your-client check. TMON will send you a response as reasonably practicable after you have submitted your request or application. TMON reserves the right to amend, cancel or refuse to process any request or application partly or fully.
3.5 If you breach any provision under these Terms of Use, TMON may without prejudice to any other remedies it has at law or under these Terms of Use do one or more of the following:
restrict or prohibit your use of the Website; and
suspend or terminate any services provided to you.
4. Wallets
4.1 You acknowledge and agree that TMON has no control over any wallet that you may use in connection with your use to the Website.
4.2 TMON will not be responsible for any issues arising as a result of your failure to provide accurate details of your wallet.
4.3 TMON Does not have any control over your asset. You are fully liable for any of your assets.
5. Disclaimer of Warranties and Liabilities
5.1 The contents on the Website are provided on an 'as is' basis. TMON makes no representations as to the quality, completeness or accuracy of any content made available on the Website.
5.2 To the fullest extent permitted by law, TMON does not make any representations or warranties and hereby disclaims any warranties whether expressly or impliedly arising from the following:
all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and
any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Website.
5.3 The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
5.4 Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded.
5.5 TMON will not be liable to you for any liabilities to the extent allowed by law for damages, losses, claims, costs, or expenses of any kind to you related or arising from:
your use in relation to the Website;
any interruption in your use in relation to the Website;
the availability of the Website;
the availability of the products offered on the Website;
quality, completeness, accuracy, reliability, or service levels in connection with information on the Website;
any loss or corruption of data in connection with your use of the Website;
errors, mistakes, or inaccuracies on any information on the Website;
any unauthorised access to or use of the Website secure servers;
any interruption or cessation of transmission to or from the Website in relation to the sale and purchase of the TMON Tokens;
any harmful viruses or codes that may be transmitted through the Website;
any liabilities resulting from its negligence; or
any termination or change of the Website.
6. Permission to Use
6.1 Your permission to use the Website is personal to you and non-transferable, and you may not use the Website for commercial purposes. Your use of the Website is conditional on your compliance with the terms and conditions set forth in these Terms of Use and you agree that you will not:
use the Website for any fraudulent or unlawful purpose;
use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation privacy rights or rights of publicity;
impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website;
interfere with or disrupt the operation of this Website, the servers or the networks used to make the Website available or violate any requirements, procedures, policies or regulations of such networks or servers;
transmit or otherwise make available in connection with the Website any virus, worm, Trojan horse, or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website;
modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us, and we may provide interface data subject to verification of your identity and other information;
remove any copyright, trademark, proprietary rights from the Website or any materials originating from this Website;
frame or mirror any part of the Website without the express prior written consent of TMON;
create a database by systematically downloading and storing the contents of the Website;
use any manual or automatic device in any way to gather the contents of the Website or reproduce or circumvent the navigational structure or presentation of the Website without the express prior written consent of TMON; and
make any misrepresentations to us.
6.2 TMON reserves the right to revoke any of these exceptions either generally or in specific instances.
7. Information Obligations under the Website
By using the Website, you agree that you shall keep the Website informed of the status of the transactions that you have with the Website and if the operator of the Website requests, provide any information so requested.
8. Representations and Warranties
By accessing or using the Website, you:
represent and warrant to TMON that you are of legal age, have the mental and legal capacity, and have the authority to use the Website and make submissions and requests and applications and all information provided by you to TMON in connection with your use of this Website is accurate, current and complete and you agree to hold harmless and indemnify TMON against any breach by you of any of the foregoing representations and warranties in accordance with the provisions of these Terms of Use;
represent and warrant, if you are acting on behalf of an entity, that the entity you are acting for is a duly incorporated or constituted entity under the laws of the country in which it is incorporated or constituted, and you have the capacity and authority to act on behalf of the entity in relation to the Website; and
are deemed to have read, understood, and accepted the terms and conditions of these Terms of Use.
9. Right of Access
9.1 The Website provides hyperlinks to other websites and online resources which are not maintained or controlled by TMON. TMON is not responsible for the contents of such external sites or resources. TMON will not be liable for any losses, claims, actions, costs, expenses, or any damages that arise from the use of those third-party websites and resources. TMON may also block any links to or from the Website. Your use of third- party websites and resources is at your own risk.
10. Non-Waiver
10.1 The failure of either party at any time to exercise any right or to require performance by the other party of any provision of these Terms of Use or to claim a breach of any term of these Terms of Use will not be deemed to be a waiver of such or any other rights or remedies available to it.
11. Third Party Rights
11.1 A person who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act.
12. Notice
12.1 Any notice, request or other communication under these Terms of Use are to be in writing and can be delivered personally or by email to the intended recipient. To the fullest extent allowed by law, each party may serve legal documents, or any other documents related to legal proceedings on any other party in accordance with this clause.
13. Jurisdictional Issues
13.1 TMON makes no representation that the information provided on this Website is appropriate or available for use outside British Virgin Islands (BVI) If you choose to access this Website outside British Virgin Islands (BVI), you are responsible for your own risk and you shall take the necessary steps to comply with the applicable local laws. By using this Website, you agree that certain personal data of yours will be transferred and processed in BVI & Singapore as its operational office.
14. Effective Period
14.1 These Terms of Use are effective as long as this Website is active. Upon any breach of the terms under these Terms of Use, TMON may at any time and for any reason, terminate your access to or use of this Website. If TMON terminates your access to this Website, you will not have the right to bring any claims against TMON or its affiliates with respect to such termination. TMON and its affiliates shall not be liable for any termination of your access to this Website.
15. Governing Law
15.1 These Terms of Use shall be governed and construed in accordance with laws of British Virgin Islands (BVI). You agree to submit to the jurisdiction of the BVI courts.
IMPORTANT NOTICE
PLEASE READ THE ENTIRETY OF THIS "IMPORTANT NOTICE" SECTION CAREFULLY THROUGHTOUT THE NEXT 3 PAGES. NOTHING HEREIN CONSTITUTES LEGAL, FINANCIAL, BUSINESS OR TAX ADVICE AND YOU SHOULD CONSULT YOUR OWN LEGAL, FINANCIAL, TAX OR OTHER PROFESSIONAL ADVISOR(S) BEFORE ENGAGING IN ANY ACTIVITY IN CONNECTION HEREWITH. NEITHER KENERGETICS PRODUCTION LIMITED. (THE COMPANY), ANY OF THE PROJECT TEAM MEMBERS (THE TWO MONKEY JUICE BAR TEAM) WHO HAVE WORKED ON TWO MONKEY JUICE BAR (AS DEFINED HEREIN) OR PROJECT TO DEVELOP TWO MONKEY JUICE BAR IN ANY WAY WHATSOEVER, ANY DISTRIBUTOR/VENDOR OF TMON TOKENS (THE DISTRIBUTOR), NOR ANY SERVICE PROVIDER SHALL BE LIABLE FOR ANY KIND OF DIRECT OR INDIRECT DAMAGE OR LOSS WHATSOEVER WHICH YOU MAY SUFFER IN CONNECTION WITH ACCESSING THIS WHITEPAPER RELATING TO TMON (THE WHITEPAPER) AVAILABLE ON THE WEBSITE AT HTTPS://TWOMONKEYJUICEBAR.COM THE WEBSITE, INCLUDING ANY SUB-DOMAINS THEREON) OR ANY OTHER WEBSITES OR MATERIALS PUBLISHED BY THE COMPANY.
Project purpose: You agree that you are acquiring TMON to participate in TWO MONKEY JUICE BAR and to obtain services on the ecosystem thereon. The Company, the Distributor and their respective affiliates would develop and contribute to the underlying source code for TWO MONKEY JUICE BAR. The Company is acting solely as an arms’ length third party in relation to the TMON distribution, and not in the capacity as a financial advisor or fiduciary of any person with regard to the distribution of TMON.
Nature of the Whitepaper: The Whitepaper and/or website is a conceptual paper that articulates some of the main design principles and ideas for the creation of a digital token to be known as TMON. The Whitepaper and the Website are intended for general informational purposes only and do not constitute a prospectus, an offer document, an offer of securities, a solicitation for investment, any offer to sell any product, item, or asset (whether digital or otherwise), or any offer to engage in business with any external individual or entity provided in said documentation. The information herein may not be exhaustive and does not imply any element of, or solicit in any way, a contractual relationship. There is no assurance as to the accuracy or completeness of such information and no representation, warranty or undertaking is or purported to be provided as to the accuracy or completeness of such information. Where the Whitepaper or the Website includes information that has been obtained from third party sources, the Company, the Distributor, their respective affiliates and/or the TWO MONKEY JUICE BAR team have not independently verified the accuracy or completeness of such information. Further, you acknowledge that circumstances may change and that the Whitepaper or the Website may become outdated as a result; and neither the Company nor the Distributor is under any obligation to update or correct this document in connection therewith.
Whitepaper: Nothing in the Whitepaper or the Website constitutes any offer by the Company, the Distributor, or the TWO MONKEY JUICE BAR team to sell any TMON (as defined herein) nor shall it or any part of it nor the fact of its presentation form the basis of, or be relied upon in connection with, any contract or investment decision. Nothing contained in the Whitepaper or the Website is or may be relied upon as a promise, representation or undertaking as to the future performance of TWO MONKEY JUICE BAR. The agreement between the Distributor (or any third party) and you, in relation to any distribution or transfer of TMON, is to be governed only by the separate terms and conditions of such agreement.
The information set out in the Whitepaper and the Website is for community discussion only and is not legally binding. No person is bound to enter into any contract or binding legal commitment in relation to the acquisition of TMON, and no digital asset or other form of payment is to be accepted on the basis of the Whitepaper or the Website. The agreement for distribution of TMON and/or continued holding of TMON shall be governed by a separate set of Terms and Conditions or Token Distribution Agreement (as the case may be) setting out the terms of such distribution and/or continued holding of TMON (the Terms and Conditions), which shall be separately provided to you or made available on the Website. The Terms and Conditions must be read together with the Whitepaper. In the event of any inconsistencies between the Terms and Conditions and the Whitepaper or the Website, the Terms and Conditions shall prevail.
Deemed Representations and Warranties: By accessing the Whitepaper or the Website (or any part thereof), you shall be deemed to represent and warrant to the Company, the Distributor, their respective affiliates, and the TWO MONKEY JUICE BAR team as follows:
(a) in any decision to acquire any TMON, you have not relied on and shall not rely on any statement set out in the Whitepaper or the Website;
(b) you will and shall at your own expense ensure compliance with all laws, regulatory requirements and restrictions applicable to you (as the case may be);
(c) you acknowledge, understand and agree that TMON may have no value, there is no guarantee or representation of value or liquidity for TMON, and TMON is not an investment product nor is it intended for any speculative investment whatsoever;
(d) none of the Company, the Distributor, their respective affiliates, and/or the TWO MONKEY JUICE BAR team members shall be responsible for or liable for the value of TMON, the transferability and/or liquidity of TMON and/or the availability of any market for TMON through third parties or otherwise; and
(e) you acknowledge, understand and agree that you are not eligible to participate in the distribution of TMON if you are a citizen, national, resident (tax or otherwise), domiciliary and/or green card holder of a geographic area or country (i) where it is likely that the distribution of TMON would be construed as the sale of a security (howsoever named), financial service or investment product and/or (ii) where participation in token distributions is prohibited by applicable law, decree, regulation, treaty, or administrative act (including without limitation the United States of America, Canada, and the People's Republic of China); and to this effect you agree to provide all such identity verification document when requested in order for the relevant checks to be carried out.
The Company, the Distributor and the TWO MONKEY JUICE BAR team do not and do not purport to make, and hereby disclaims, all representations, warranties or undertaking to any entity or person (including without limitation warranties as to the accuracy, completeness, timeliness, or reliability of the contents of the Whitepaper or the Website, or any other materials published by the Company or the Distributor). To the maximum extent permitted by law, the Company, the Distributor, their respective affiliates and service providers shall not be liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including, without limitation, any liability arising from default or negligence on the part of any of them, or any loss of revenue, income or profits, and loss of use or data) arising from the use of the Whitepaper or the Website, or any other materials published, or its contents (including without limitation any errors or omissions) or otherwise arising in connection with the same. Prospective acquirors of TMON should carefully consider and evaluate all risks and uncertainties (including financial and legal risks and uncertainties) associated with the distribution of TMON, the Company, the Distributor and the TWO MONKEY JUICE BAR team.
TMON Token: The native cryptographically-secure fungible protocol token of TWO MONKEY JUICE BAR (ticker symbol TMON) is a transferable representation of attributed utility functions specified in the protocol/code of TWO MONKEY JUICE BAR, and which is designed to be used solely as an interoperable utility token thereon.
TMON is a functional multi-utility token which will be used as the medium of exchange between participants on TWO MONKEY JUICE BAR in a decentralised manner. The goal of introducing TMON is to provide a convenient and secure mode of payment and settlement between participants who interact within the ecosystem on TWO MONKEY JUICE BAR without any intermediaries such as centralised third party entity/institution/credit. It is not, and not intended to be, a medium of exchange accepted by the public (or a section of the public) as payment for goods or services or for the discharge of a debt; nor is it designed or intended to be used by any person as payment for any goods or services whatsoever that are not exclusively provided by the issuer. TMON does not in any way represent any shareholding, participation, right, title, or interest in the Company, the Distributor, their respective affiliates, or any other company, enterprise or undertaking, nor will TMON entitle token holders to any promise of fees, dividends, revenue, profits or investment returns, and are not intended to constitute securities in Singapore or any relevant jurisdiction. TMON may only be utilised on TWO MONKEY JUICE BAR, and ownership of TMON carries no rights, express or implied, other than the right to use TMON as a means to enable usage of and interaction within TWO MONKEY JUICE BAR. The secondary market pricing of TMON is not dependent on the effort of the TWO MONKEY JUICE BAR team, and there is no token functionality or scheme designed to control or manipulate such secondary pricing.
Further, TMON provides the incentives which will be distributed to encourage users to exert efforts towards contribution and participation in the ecosystem on TWO MONKEY JUICE BAR, thereby creating a mutually beneficial system where every participant is fairly compensated for its efforts. TMON is an integral and indispensable part of TWO MONKEY JUICE BAR, because without TMON, there would be no incentive for users to expend resources to participate in activities or provide services for the benefit of the entire ecosystem on TWO MONKEY JUICE BAR. Given that additional TMON will be awarded to a user based only on its actual usage, activity and efforts made on TWO MONKEY JUICE BAR and/or proportionate to the frequency and volume of transactions, users of TWO MONKEY JUICE BAR and/or holders of TMON which did not actively participate will not receive any TMON incentives.
TMON are designed to be utilised, and that is the goal of the TMON distribution. In particular, it is highlighted that TMON:
does not have any tangible or physical manifestation, and does not have any intrinsic value (nor does any person make any representation or give any commitment as to its value);
is non-refundable and cannot be exchanged for cash (or its equivalent value in any other digital asset) or any payment obligation by the Company, the Distributor or any of their respective affiliates;
does not represent or confer on the token holder any right of any form with respect to the Company, the Distributor (or any of their respective affiliates), or its revenues or assets, including without limitation any right to receive future dividends, revenue, shares, ownership right or stake, share or security, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property or licence rights), right to receive accounts, financial statements or other financial data, the right to requisition or participate in shareholder meetings, the right to nominate a director, or other financial or legal rights or equivalent rights, or intellectual property rights or any other form of participation in or relating to TWO MONKEY JUICE BAR, the Company, the Distributor and/or their service providers;
is not intended to represent any rights under a contract for differences or under any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss;
is not intended to be a representation of money (including electronic money), security, commodity, bond, debt instrument, unit in a collective investment scheme or any other kind of financial instrument or investment;
is not a loan to the Company, the Distributor or any of their respective affiliates, is not intended to represent a debt owed by the Company, the Distributor or any of their respective affiliates, and there is no expectation of profit; and
does not provide the token holder with any ownership or other interest in the Company, the Distributor or any of their respective affiliates.
Notwithstanding the TMON distribution, users have no economic or legal right over or beneficial interest in the assets of the Company, the Distributor, or any of their affiliates after the token distribution.
To the extent a secondary market or exchange for trading TMON does develop, it would be run and operated wholly independently of the Company, the Distributor, the distribution of TMON and TWO MONKEY JUICE BAR. Neither the Company nor the Distributor will create such secondary markets nor will either entity act as an exchange for TMON.
Informational purposes only: The information set out herein is only conceptual, and describes the future development goals for TWO MONKEY JUICE BAR to be developed. In particular, the project roadmap in the Whitepaper is being shared in order to outline some of the plans of the TWO MONKEY JUICE BAR team, and is provided solely for INFORMATIONAL PURPOSES and does not constitute any binding commitment. Please do not rely on this information in deciding whether to participate in the token distribution because ultimately, the development, release, and timing of any products, features or functionality remains at the sole discretion of the Company, the Distributor or their respective affiliates, and is subject to change. Further, the Whitepaper or the Website may be amended or replaced from time to time. The company has the sole right and sole discretion to remove , change, amend, upgrade, downgrade any of its product offerings. There are no obligations to update the Whitepaper or the Website, or to provide recipients with access to any information beyond what is provided herein.
Regulatory approval: No regulatory authority has examined or approved, whether formally or informally, any of the information set out in the Whitepaper or the Website. No such action or assurance has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction. The publication, distribution or dissemination of the Whitepaper or the Website does not imply that the applicable laws, regulatory requirements or rules have been complied with.
Cautionary Note on forward-looking statements: All statements contained herein, statements made in press releases or in any place accessible by the public and oral statements that may be made by the Company, the Distributor and/or the TWO MONKEY JUICE BAR team, may constitute forward-looking statements (including statements regarding the intent, belief or current expectations with respect to market conditions, business strategy and plans, financial condition, specific provisions and risk management practices). You are cautioned not to place undue reliance on these forward-looking statements given that these statements involve known and unknown risks, uncertainties and other factors that may cause the actual future results to be materially different from that described by such forward-looking statements, and no independent third party has reviewed the reasonableness of any such statements or assumptions. These forward-looking statements are applicable only as of the date indicated in the Whitepaper, and the Company, the Distributor as well as the TWO MONKEY JUICE BAR team expressly disclaim any responsibility (whether express or implied) to release any revisions to these forward-looking statements to reflect events after such date.
References to companies and platforms: The use of any company and/or platform names or trademarks herein (save for those which relate to the Company, the Distributor or their respective affiliates) does not imply any affiliation with, or endorsement by, any third party. References in the Whitepaper or the Website to specific companies and platforms are for illustrative purposes only.
English language: The Whitepaper and the Website may be translated into a language other than English for reference purpose only and in the event of conflict or ambiguity between the English language version and translated versions of the Whitepaper or the Website, the English language versions shall prevail. You acknowledge that you have read and understood the English language version of the Whitepaper and the Website.
No Distribution: No part of the Whitepaper or the Website is to be copied, reproduced, distributed or disseminated in any way without the prior written consent of the Company or the Distributor. By attending any presentation on this Whitepaper or by accepting any hard or soft copy of the Whitepaper, you agree to be bound by the foregoing limitations.