Please read these Terms and Conditions (these Terms) carefully before participating, purchasing and/or otherwise acquiring any TourismX Tokens (“TRMX”), a decentralized blockchain for financing the growing global Tourism Industry supported by World Tourism Forum Institute and World Tourism Fund & Investment (“WTFI”). The idea behind TRMX Token is to generate funds through TRMX Token Economics and then to invest these funds into carefully selected promising Tourism projects across the globe. (“TRMX Project”)
Your ownership of $TRMX ("Own") means, in relation to that digital token, that such digital token has been purchased by you or otherwise rightfully acquired from a legitimate source, where proof of such purchase or acquisition is recorded on the relevant blockchain network such as the Ethereum or Binance Smart Chain blockchain networks.
Once you own $TRMX, you are responsible for any loss or damage to, or loss of access to such digital token, and TourismX Team as well as WTFI shall have no liability whatsoever in such circumstances, regardless of cause. You expressly understand and agree that your purchase and use of $TRMX, is at your sole risk and that $TRMX is provided on an "as is" and "as available."
All sales of $TRMX are final. Once you have made a purchase or acquisition of $TRMX we encourage you to promptly take the necessary steps to complete your transaction (e.g., activate or download any content or secure any seed phrase or corresponding private key).
By acquiring, accessing or using $TRMX, you represent and warrant that you are of legal age to form a binding contract with TRMX Team and meet the foregoing eligibility requirement. If you do not meet this requirement, you must not purchase, acquire, access or use $TRMX.
$TRMX, is and will be tradeable on various virtual currency exchanges and may be exchanged and accessed in a peer-to-peer manner by users.REGISTRATION
We reserve the right to require that you register with us in order to access $TRMX exclusive features and other services. If you are required to register an account with us or any third party, you agree to provide accurate, current and complete information about yourself as part of that process.
When registering you may be required to select a username and password, private key, or other form of secure authentication that will be used to access your account ("Password"). You are responsible for any use of your Password, whether by you or others. You agree to keep your Password confidential and not share it with anyone else. TRMX Team and WTFI are not liable for any loss or damage arising from your failure to protect your username, Password, or any other personal information, including but not limited to loss of access to any $TRMX.
You acknowledge and agree that certain data pertaining to you, which you may view as sensitive, will be accessible to the public through the relevant blockchain network. Such data includes, but is not limited to information identifying and/or otherwise pertaining to your User Account.
You authorize TRMX Team and WTFI to act on instructions received through use of your Password, and that TRMX Team and/or WTFI may, but is not obligated to, deny access or block any transaction made through use of your Password without prior notice.TERMS OF SERVICE, PRIVACY AND SECURITY
You are solely responsible of ensuring that any process, devices and/or services you employ to access or purchase and use $TRMX (in particular, without limitation, to acquire, hold, manage and sell $TRMX) do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system and/or any data contained therein. To the greatest extent permitted by law and without limiting the generality of this Section, TRMX Team and WTFI excludes any liability for any interference or damage to your devices, computer system and/or any data contained therein in connection with your access or purchase or use of $TRMX or any of the TRMX related websites.REVENUE FROM TRANSACTIONS; PAYMENT
Any revenue earned for transactions performed by you for the purchase/sell of $TRMX, minus transaction fees, shall be paid to you promptly on the relevant blockchain network by the counterparty to your business/service, or purchaser of $TRMX. Any such peer-to-peer transactions that you choose to engage in will be conducted solely through the relevant blockchain network via MetaMask (or other EVM-compatible wallets and browsers). Such sales, rental, economic activities or other transactions relating to $TRMX, shall be a direct contractual relationship between the counterparty to your business/service or purchaser of the relevant digital token, and TRMX Team and WTFI is not a party to said contract, and shall in no circumstances be deemed to a seller or distributor of $TRMX. Accordingly, TRMX Team and WTFI have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions, and cannot provide any guarantee, warranty or assurance regarding such transactions. With that in mind, TRMX Team and WTFI will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in relating to $TRMX.
As between you and TRMX Team, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on WTFI’s net income) now or hereafter claimed or imposed by any governmental authority (collectively, "Taxes") associated with your purchase and use of $TRMX (including, without limitation, any Taxes that may become payable as a result of your ownership, renting out or transfer of any digital token).
$TRMX is not a representation of money or electronic money, or any security, commodity, bond, debt instrument, unit in a collective investment scheme or any other kind of financial instrument or investment. TRMX Team or WTFI do not facilitate the transmission of fiat currency on behalf of users or other third parties, nor does it assist with the conversion of any digital token to fiat currency.
$TRMX is distributed on a spot and unmargined basis, and TRMC Team and WTFI are not under any obligation to return to you any amount of any original purchase price.
You acknowledge that certain operations, in particular, without limitation, the transfer of $TRMX, to third parties, may constitute and/or otherwise fall within the scope of regulated activities under applicable laws in certain jurisdictions. You acknowledge that you may not use $TRMX to engage into any such activities and that TRMX Team and WTFI make no representation in respect of, or otherwise in connection with, the suitability of $TRMX to engage into any regulated activities. TRMX Team and WTFI neither recommend, nor otherwise advise that you engage in such activities. If you choose to engage in regulated activities, you do so at your own risk and sole responsibility.
You are solely responsible for your compliance with any applicable laws and regulatory requirements, including any applicable provisions of financial markets laws. You herewith expressly agree to ensure compliance with any applicable legal requirements at your own cost and responsibility in purchasing and using $TRMX.INTELLECTUAL PROPERTY OWNERSHIP, LICENSES AND RESTRICTIONS
You agree that you own $TRMX in accordance with any description which accompanies such digital token. Any transfer of digital tokens shall be subject to the condition that any transferee will be subject to these Terms.
Ownership of $TRMX is limited to ownership of the relevant digital token residing on the relevant blockchain network, which is merely an information and transaction log recorded on an immutable ledger regarding the timestamped transfer history of such digital token. This ownership of $TRMX, is separate and distinct from any rights, title and interest in and to any art, design, photograph, and drawing that may be associated with such digital token that you Own ("Art"), and all intellectual property rights therein, which are owned by TRMX Team and WTFI. The rights that you have in and to the Art are limited to those expressly stated below. The first sale doctrine, and any similar doctrine or principle under any the laws of any applicable jurisdiction, does not extend to any holder or acquiror (including subsequent acquiror of $TRMX).
Subject to the licenses expressly granted below, TRMX Team and WTFI (or where applicable, our licensors) own all rights, title and interest in and to (i) the Art, the metadata and all proprietary source code, object code and other technology associated with $TRMX and (ii) any and all other content and materials available through the TRMX website and related websites, any associated application, and all intellectual property rights therein ("TRMX Team and WTFI Intellectual Property"). TRMX Team and WTFI Intellectual Property may only be used in connection with $TRMX, for personal, non-commercial purposes, as expressly permitted in these Terms.
Unless explicitly stated, you should assume that all TRMX Team and WTFI Intellectual Property is protected by copyright, trademark and other applicable intellectual property laws and may not be used except as permitted in these Terms. TRMX Team and WTFI does not grant, by implication, estoppel, or otherwise, any license or right to use any TRMX Team and WTFI Intellectual Property or $TRMX, $ in a manner inconsistent with these Terms without the prior written permission of TRMX Team and WTFI and/or any third party that may own additional intellectual property.
You agree and accept that your ownership and possession of any $TRMX (through the TRMX related websites or third-party exchanges) will not entitle you any ownership and/or shares on any property and businesses owned and/or operated by the TRMX Team and/or WTFI which may or may not be affiliated to the TRMX Project. You agree and accept that TRMX Team and WTFI may, at their sole discretion, (but are not in any kind of obligation to) decide to provide benefits to $TRMX holders arising from the property and businesses owned and/or operated by the TRMX Team and/or WTFI which may or be affiliated to the TRMX ProjectTERMINATION
We may, in our sole discretion at any time, and for any reason or no reason, and without notice or liability, immediately terminate your access to all or any part of $TRMX and $TRMX Services. Termination may include, but not be limited to (i) removal of your access to, or listing of $TRMX on TRMX Team and WTFI’s media properties or platform, (ii) the deletion of all account information related to $TRMX, and (iii) barring any further use of or access to the TRMX platform and/or services by you.ASSUMPTION OF RISK
You acknowledge that: (i) markets and prices for blockchain assets, are extremely volatile, variations in prices for other digital assets could materially and adversely affect the value of any $TRMX that you own, and there is no guarantee that any $TRMX that you own will have or retain any value; (ii) there are risks associated with cryptocurrencies and other internet-native assets, including but not limited to the risk of hardware, software, and internet connectivity failures, malicious software, and the risk that third parties may obtain unauthorized access to your assets, and neither TRMX Team and WTFI nor any of its licensors shall be responsible for, or have any liability with respect to, any of these; (iii) changes to the relevant blockchain network may have adverse effects on all blockchains using such platform, including without limitation, $TRMX that you may own; and (iv) neither TRMX Team and WTFI nor any of its licensors shall be responsible for, or shall have any liability with respect to, any transaction between you and a third party (such as your purchase or sale of TRMX).NO REPRESENTATIONS AND WARRANTIES
TRMX TEAM AND WTFI DO NOT MAKE ANY REPRESENTATION OR GIVE ANY WARRANTY IN RESPECT TO ANY CHARACTERISTICS OF $TRMX. ALL WARRANTIES ARE EXPRESSLY EXCLUDED TO THE MAXIMAL EXTENT PERMITTED UNDER APPLICABLE LAWS. IN PARTICULAR, WHILE TRMX TEAM AND WTFI HAVE ENDEAVORED TO TAKE ALL REASONABLE MEASURES AND APPLY APPROPRIATE CARE IN THE PREPARATION OF THE CONTENT OF $TRMX, TRMX TEAM AND WTFI NEITHER REPRESENT NOR WARRANT THAT:
- $TRMX RUN UNINTERRUPTED AND ERROR-FREE;
- THE USE OF $TRMX IS FIT FOR ANY PARTICULAR PURPOSE AND DOES NOT INFRINGE UPON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS;
- ANY INFORMATION CONTAINED IN $TRMX IS ACCURATE, ADEQUATE, COMPLETE OR ERROR FREE.
EXCEPT WHEN OTHERWISE STATED IN WRITING TRMX TEAM AND WTFI, THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE $TRMX "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF $TRMX THAT YOU OWN IS WITH YOU.LIMITATION OF LIABILITY
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL TRMX TEAM AND WTFI (OR ANY LICENSOR) BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE $TRMX (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NO MODIFICATIONS, TAMPERING OR CIRCUMVENTION
You may neither modify, decompile, disassemble nor otherwise tamper with or circumvent all or any portion of $TRMX, in particular, but not limited to, the underlying rules and mechanics of $TRMX and/or underlying code or software, its user interface and/or its operating principles, unless separately agreed in writing.NO REVERSE ENGINEERING
You may not reverse engineer any source code that is not open source regarding $TRMX or otherwise attempt in any way to derive or otherwise determine the source code for the operation of $TRMX.NO COPIES, NO DERIVATIVE WORKS
You may not adapt, reproduce, store, distribute, print, display, publish or create copies or derivative works from any part of $TRMX, the Art or TRMX related websites other than in accordance with the License.NO USE OF BOTS
You may not utilise any automated software or "bots" in relation to your access or use of TRMX Services and Websites, $TRMX or TRMX related websites.NO SERVER OVERLOAD
You may not knowingly perform any actions that may cause the computers used to support TRMX Website, $TRMX or TRMX related websites (the "Servers") to become overloaded or crash.NO DATA GATHERING AND EXTRACTION
You may not use any data gathering and extraction tools or software to extract information from TRMX Team, $TRMX or TRMX related websites or utilize framing techniques to enclose any of the contents of $TRMX or TRMX related websites.NO UNAUTHORIZED USE OF TRADEMARKS, LOGOS, PROPRIETARY NAMES AND GRAPHICS
Without TRMX Team and WTFI’s written approval, you may not use any of TRMX Team and WTFI’s or TRMX’s logos, trademarks or other proprietary names or graphics.NO UNAUTHORIZED USE OF META TAGS
You may not use any meta tags or other hidden text which incorporate TRMX Team and WTFI’s name or any of its intellectual property including trademarks without TRMX Team and WTFI’s prior written approval.POSTING POLICY
This "Posting Policy" applies to any comments you post or any statements you make in any manner in connection with TRMX Project and TRMX Team, $TRMX and/or any TRMX related websites (which includes for the avoidance of doubt any associated forums, chat rooms and/or other messaging services).
Posts may not, without the prior written approval by TRMX Team and WTFI:
- represent any views or opinions other than your genuine opinion of the matter in question; nor
- contain any personal abuse, foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature, as may be determined by TRMX Team and WTFI at its sole discretion, or otherwise breach or infringe on any third party rights (in particular, without limitation, third party intellectual property rights) and/or applicable laws or court orders;
- advertise or promote any person or entity or their goods or services; or
- breach any of the representations below.
TRMX Team and WTFI reserves the right, without notice, explanation or liability, to:- restrict or remove your ability to make posts;
- disallow the posting of any specific posts;
- edit any specific posts; and/or
- fully remove any posts from TRMX Website or any TRMX related websites or anywhere else where they appear or are stored.SUPPORT, UPDATES, ALTERATIONS, DISCONTINUANCE
TRMX Team and WTFI may, but has no obligation to, offer and subsequently amend, alter suspend or discontinue support services with regard to $TRMX and TRMX Services on such terms as TRMX Team and WTFI may determine within its sole discretion. At all times, TRMX Team and WTFI retains the right to use and/or dispose of $TRMX and TRMX Services, at TRMX Team and WTFI’s sole discretion, as TRMX Team and WTFI deems appropriate, including without limitation the right, without notice, to alter, modify, redesign, suspend or discontinue, at any time, any aspect or feature of $TRMX, $ARWL.
In particular, without limitation, TRMX Team and WTFI have the right, but no obligation, to maintain, modify and/or update $TRMX and TRMX Services within its sole discretion. TRMX Team and WTFI may, but has no obligation to, provide technical support in respect of $TRMX and TRMX Services. You acknowledge and agree that such maintenance, updates, alterations, modifications, redesigns, suspensions or discontinuations may affect (also including by limiting or terminating) the functionality of $TRMX and TRMX Services.
TRMX Team and WTFI do not undertake to keep any of TRMX related websites updated. To the greatest extent permitted by law TRMX Team and WTFI do not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the TRMX related websites or in relation to any posts, including without limitation where such loss or damage is a result of or contributed to by the negligence of TRMX Team and WTFI.LOSS OF DATA
In the event that any information or data relating to you or your use of any of $TRMX, TRMX Services, or TRMX related websites held by TRMX Team and WTFI or any third-party on behalf of or in coordination with TRMX Team and WTFI is lost, corrupted or otherwise no longer reasonably available or accessible as determined by TRMX Team and WTFI in its sole discretion, you agree that to the greatest extent permissible at law TRMX Team and WTFI will have no liability to you of any nature relating to any such information or data.BREACH AND REMEDIES
You understand and agree that observance of your obligations hereunder is of significant importance to TRMX Team and WTFI and that, if you breach these Terms, TRMX Team and WTFI would incur serious losses and other detrimental consequences which might not easily be cured.
If you breach any provision of, or undertaking, under these Terms, TRMX Team and WTFI shall have the right to seek specific performance in respect of your obligations under these Terms including but not limited to the right to request that you cease and/or desist from committing any breach of such obligations, whether or not this forces you to abandon any commercial activity or not to pursue any opportunities at that time (cease and desist injunction).
TRMX Team and WTFI have the right to seek interim legal protection to prevent detrimental consequences and effects that cannot easily be remedied or to ensure an effective enforcement of your obligations under this Agreement. In such event, you fully waive any right you may have under applicable laws to request the provision of securities by TRMX Team and WTFI.TERMINATION
TRMX Team and WTFI may terminate this Agreement if, in TRMX Team and WTFI’s sole discretion, TRMX Team and WTFI determines that there has been a breach of these Terms, a material breach of any other agreement between you and TRMX Team and WTFI or a violation of law.NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. You acknowledge and agree that TRMX Team and WTFI’s licensors are a third-party beneficiary of these Terms.ENTIRE AGREEMENT; WAIVER; SEVERABILITY
These Terms, constitute the entire agreement between you and TRMX Team and WTFI. The failure of TRMX Team and WTFI to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.AMENDMENTS
TRMX Team and WTFI reserves the right to amend these Terms from time to time upon placing any such amendments on the TRMX related websites or by providing you direct notice of any such changes. Your continued use of any of $TRMX, TRMX Services or TRMX related websites thereafter will be deemed as acceptance by you of any such changes to these Terms.ASSIGNMENT
TRMX Team and WTFI will at a later date, and is hereby permitted, to assign all of TRMX Team and WTFI’s rights and obligations under these Terms to a future affiliated entity in any jurisdiction. These Terms shall be binding upon and inure to the benefit of the permitted assignee of TRMX Team and WTFI.APPLICABLE LAW AND JURISDICTION
To the maximum extent allowed under applicable laws, these Terms are governed by the substantive laws of United Kingdom, to the exclusion of its rules of conflict of laws and to the exclusion of international treaties.STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim, arbitration claim, or cause of action you may have arising out of or related to the use of $TRMX must be filed within one (1) year after such claim or cause of action arose or be forever barred.DISPUTES
Any dispute, controversy or claim arising out of, or in connection with, these Terms, or the breach, termination or invalidity thereof, or any non-contractual obligations arising out of or in connection with these Terms, shall be finally settled by arbitration administered by the London Court of International Arbitration (LCIA). The seat of the arbitration shall be London. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party will cover its own fees and costs associated with the arbitration proceedings. Notwithstanding the foregoing, TRMX Team and WTFI may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms are specifically enforceable by TRMX Team and WTFI through injunctive relief and other equitable remedies without proof of monetary damages.
All arbitral proceedings all information disclosed and all documents submitted or issued by or on behalf of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceedings shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award nor be disclosed to any third party without the prior written consent of the party to which the information relates or, as regards to a decision or award, the prior written consent of all the other disputing parties.