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DLA Piper is a global law firm operating through various separate and distinct legal entities. Further details of these entities can be found at dlapiper.com.
TOKO is a tokenisation engine supplied by TOKO Limited, delivered in collaboration with DLA Piper and/or TOKO. Further information about TOKO Limited can be found at dlapiper.com/en/uk/legalnoticespage/law-and/.
The transmission and receipt of information contained on this Web site, in whole or in part, or communication with DLA Piper via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between us and any recipient. You should not send us any confidential information in response to this webpage. Such responses will not create a lawyer- client relationship, and whatever you disclose to us will not be privileged or confidential unless we have agreed to act as your legal counsel and you have executed a written engagement agreement with DLA Piper and/or TOKO. The material on this website may not reflect the most current legal developments. The content and interpretation of the law addressed herein is subject to revision. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.
General Risk Warning for TOKO Virtual Asset Services
A. How to interpret this Risk Warning
B. TOKO Services
This notice provides you with information about the risks associated with TOKO Services. Each TOKO Service has its own distinct risks. This notice provides a general description of the risks when you use TOKO Services. This notice does not explain all of the risks or how such risks relate to your personal circumstances. It is important that you fully understand the risks involved before making a decision to use TOKO Services.
C. No Personal Advice
We do not provide personal advice in relation to our products or services. We sometimes provide factual information, information about transaction procedures and information about the potential risks. However, any decision to use our products or services is made by you. No communication or information provided to you by TOKO is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance.
D. No Monitoring
TOKO do not monitor whether your use of TOKO Services is consistent with your financial goals and objectives. It is up to you to assess whether your financial resources are adequate for your financial activity with us, and to your risk appetite in the products and services you use.
E. No Tax, Regulatory or Legal Advice
You are responsible for determining what taxes you might be liable to, and how they apply, when transacting through the TOKO Services. It is your responsibility to report and pay any taxes that may arise from transacting on the TOKO Services, and you acknowledge that TOKO does not provide legal or tax advice relative to these transactions. If you have any doubts about your tax status or obligations when using TOKO Services, you may wish to seek independent advice. You acknowledge that, when, where and as required by applicable legislation, TOKO shall report information regarding your transactions, transfers, distributions or payments to tax or other public authorities.
F. Market Risks
Virtual Asset trading is subject to high market risk and price volatility. Changes in value may be significant and may occur rapidly and without warning. Past performance is not a reliable indicator of future performance. The value of an investment and any returns can go down as well as up, and you may not get back the amount you had invested.
G. Liquidity risk
Virtual Assets may have limited liquidity which may make it difficult or impossible for you to sell or exit a position when you wish to do so. This may occur at any time, including at times of rapid price movements.
H. Fees & Charges
TOKO may, in its discretion, update the fees & charges from time to time. Please be aware of all costs and charges that apply to you, because such costs and charges will affect the gains you generate from using TOKO Services.
I. Availability Risk
We do not guarantee that the TOKO Services will be available at any particular time or that TOKO Services will not be subject to unplanned service outages or network congestion. It may not be possible for you to buy, sell, store, transfer, send or receive Virtual Assets when you wish to do so.
J. Third Party Risk
Third parties, such as payment providers, custodians, and banking partners may be involved in the provision of TOKO Services. You may be subject to the terms & conditions of these third parties, and TOKO may not be responsible for any loss that these third parties may cause to you.
K. Security Risk
It is not possible for TOKO to eliminate all security risks. You are responsible for keeping your TOKO Account password safe, and you may be responsible for all the transactions under your TOKO Account.
L. Risks related to Digital Assets
Virtual Assets may lose their value in part or in full, may not always be transferable, may not be liquid, and may be subject to fraud, manipulation, theft, including through hacks and other targeted schemes, and loss. Given the nature of Virtual Assets and their underlying technologies, there are a number of intrinsic risks, including but not limited to:
- faults, defects, hacks, exploits, errors, protocol failures or unforeseen circumstances
occurring in respect of a Virtual Asset or the technologies or economic systems on which
the Virtual Asset rely;
- transactions in Virtual Assets being irreversible, consequently, losses due to fraudulent or
accidental transactions may not be recoverable;
- technological development leading to the obsolescence of a Virtual Asset;
- delays causing a transactions not be settled on the scheduled delivery date; and attacks on
the protocol or technologies on which a Virtual Asset depends, including, but not limited
to: i. distributed denial of service; ii. sybil attacks; iii. phishing; iv. social engineering; v. hacking; vi. smurfing; vii. malware; viii. double spending; ix. majority-mining, consensus-based or other mining attacks; x. misinformation campaigns; xi. forks; and xii. spoofing.
M. Communication Risks
When you communicate with us via electronic communication, you should be aware that electronic communications can fail, can be delayed, may not be secure and/or may not reach the intended destination.
Currency exchange fluctuations will impact your gains and losses.
O. Legal Risk
Changes in laws and regulations may materially affect the value of Virtual Assets. This risk is unpredictable and may vary from market to market.