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These are the terms and conditions (“Terms”) on which Lohko Pte. Ltd, incorporated in Singapore with the registration number 202022593W (“we”, “us”, “our”, “Lohko”) sell goldand silver bullions(“Bullion(s)”), other products (together referred to as “Products”) or any services (“Service(s)”) in our app (app.lohkowallet.com) (our “Lohko App”). By purchasing our Products or Services you (“You”, “Your” “Customer”) accept these Terms. Please note that any use of the Lohko App or our website (www.lohkowallet.com, “Website”) is subject to acceptance of these Terms and our Cookie and Privacy Policy provided when signing up orwhen using our Website. 

Lohko is regulated by the Singapore Ministry of Law for purposes of anti-money laundering and countering the financing of terrorism. Our registration number is PS20210002167.

These Terms contains several sections. The headings and subheadings below are for reference only and do not limit the scope or give meaning to each section.

These Terms contains an arbitration clause, You agree that these Terms are subject to binding individual arbitration and a waiver to a trial by jury or of class action rights or representative proceeding. Read these Terms carefully.
1
Eligibility and Acceptance of Terms
1.1 
Your representations and warranties: You represent and warrant that You: (a) are of legal age to form a binding contract and are not under-aged in Your country of residence; (b) if You are contracting on behalf of an entity that You have the right to bind such entity (c) have not previously been suspended or removed from using the Lohko App; and (d) have full power and authority to enter into this Agreement by accepting these Terms on behalf of yourself or the entity You are representing to buy Products and use the Services; (e) and in doing so will not violate any law in Your jurisdiction or any agreement You are party to including but not limited to owning cryptographic tokens of value backed by real assets; (f) none of the Bullions stored under these Terms are connected to any illegal activities or fraud. You further acknowledge that You are responsible for ensuring compliance with the laws of Your jurisdiction and acknowledge that Lohko is not liable for Your compliance with such laws including but not limited to all applicable export control, trade sanction laws, or taxation.
1.2 
Privacy and Cookie Policy: You acknowledge and agree that Your use of the Lohko App or Website is subject to our Cookie and Privacy Policy and any other terms or policies specified.
1.3 
Application of Terms: Unless explicitly specified, these Terms apply to all Products or Services offered by Lohko regardless of whether these are purchases, sales, or storage arrangements with third party providers or otherwise and regardless of whether the orders are placed through the Lohko App, Website or any other means provided.
1.4 
Transfer of rights and obligations: You may not transfer the rights and obligations under this contract to anyone else.

2

Modifications to Terms
2.1 
Modification of Terms: We reserve the right, in our sole discretion, to modify or replace our Terms at any time. Any material changes to these Terms will be notified to the email address provided by You at least 7 days before they become effective. The modified Terms will become effective at the time they are posted on the Lohko App and our Website and any continuing use of the services or any purchases or sales made by You constitutes acceptance of the modified Terms.
2.2 
Location of Terms: The most current version of these Terms will be posted in the Lohko App under the settings tab and on our Website. You shall be responsible for reviewing and becoming familiar with any such modifications.
2.3 
Usage of Products and Services: If You do not agree to be bound by the modified Terms You must stop using the Services. Asour Services and Products are evolving, we may discontinue or change all or any part of the Services or Products, at any time, without notice and at our sole discretion.

3

Opening a Lohko Account
3.1 
Creation of Identity: When You open an account with Lohko You will be required to create a Zippie identity on the terms and conditions provided when opening Your account. When You have created Your Zippie identity You can open an account (“Account”) with Lohko as specified in these Terms.
3.2 
Identity verification, Sanction, and Watch list checks: By opening an account in Lohko App and buying our Products or Services we reserve the right to request information and conduct background checks of You in accordance with applicable regulation in Singapore. The checks and information are related but not limited to:
i. 
Customer Due Diligence (CDD) or Enhanced Customer Due Diligence (ECDD) which may include collecting and storing and verifying information about Your identity including but not limited to documents proving Your identity, such as national identity documents, passport, incorporation documents, nationality, residency, address, birth, and contact information as well as facial recognition and liveliness checks verifying the documents provided are Yours. We may also request information about any beneficial owners if You are opening an account on behalf of an entity.
ii. 
As part of the CDD or ECDD, we may also request information related to income or wealth level, source of wealth, and source of funds.
iii. 
We may verify any information You provide us against relevant databases to verify the information You have given us is correct and accurate.
iii. 
We may verify any information You provide us against relevant databases to verify the information You have given us is correct and accurate.
iv. 
We may also from time-to-time request additional verification or information required to complete these checks on an ongoing basis to comply with applicable laws.
v. 
We also check sanction and watch lists across the globe to identify high-risk individuals to meet our Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF) avoidance requirements.
vi. 
To comply with our regulatory requirement to conduct CDD, ECDD, AML, and CTF checks and information collection and storage we use a third-party service provider Sum & Substance, sumsub.com.
vii. 
You represent and warrant that any information You provide us is true and accurate and not misleading of any material aspects, and that You will provideus updated details and documents if any information You provided us changes or notify us of such changes.
3.3 
Restricted Countries or Users: We reserve the right from time to time to deem certain countries prohibited and may reject users coming from such restricted countries. We may also reject Your Account approval or close Your Account for any reason we demand necessary based on our background checks or if You do not provide us additional information as requested or if You from time to time do not pass our background checks. 
3.4 
A Customer may only open one Account. In providing Customer information in the Lohko App, a Customer must provide true and correct Customer information to Lohko. 
3.5 
Suspension or termination of an Account: Lohko reserves the right to suspend or terminate a Lohko account or any transaction for any reason, including but not limited to events where:
i. 
We are unable to obtain sufficient and clear information we requested from You, or You have not responded to our requests for information.
ii. 
If You violate these Terms or any other agreement You have with Lohko.
iii. 
Regulation prohibits us from completing a transaction or transacting with a Customer.
iv. 
Your Account has any unpaid payments due to Lohko.
v. 
The Customer goes into liquidation or is declared bankrupt.
vi. 
Any suspicious activity has been detected by Lohko or we suspect the account is used or attempted to be used for illegal or disallowed or fraudulent purposes including but not limited to, money laundering and terrorism financing.
vii. 
Any ongoing dispute is open between Lohko and the Customer.
viii. 
If You have requested us to close, lock or terminate Your Account.
ix. 
Lohko will not be responsible for any losses due to any suspension or termination of an Account or any transaction.
3.6 
Account Closing Notification: In the case of Lohkoclosing a Lohko account and can’t via mail, email, or in the Lohko App or any other contact information provided by Customer reach the Customer, any assets or funds on the Customer'sLohko account accrue to Lohkofollowing a period of six years after Lohko,via email to the Customer's email address on his/her Lohko account, and if available via letter to Customers registered address having notifiedthe Customer about the account closureinstructing the Customer to provide Lohko with bank account details for transfer of the assets on the Customer's Lohko account.
3.7 
2-factor authentication: Although optional until the Account value exceeds USD 500, we strongly advise all Account holders to enable 2-factor authentication (2FA). We only enable 2FA authentication by authenticator applications. The main applications enabled are Google Authenticator, Authy, and Microsoft. We do not enable 2FA with SMS Text Message due to the reduced security of such 2FA authentication methods. When enabling 2FA, You will then have to input an authenticator code upon every login attempt and when making transactions.
3.8 
Unsuccessful login attempts: The Customer’s account will be automatically locked following a certain number ofunsuccessful attempts of entering the password or 2FA. For an account that is locked, the Customer must contact Lohko which then will instruct the Customer to follow a due diligence procedure which includes, but may not be limited to, the Customer conducting a facial recognition and liveliness check, or other documents as requested by Lohko.
3.9 
Forgot Password: If the Customer has forgotten the Customer’s password, the password can be reset by following the instructions after clicking the link for “ForgotPassword” under login in the Lohko App. The password recovery will require the user to provide KYC or conduct a liveliness facial recognition matching the identity connected to the Account.
3.10 
Account information: A Customer can update the Customer’s Account information anytime by logging into the Lohko App.
3.11 
Account login is personal: You shall not share Your Account login details with anyone else, and Lohko is not responsible for any loss due to a third party accessing Your Account if they have gained access to Your account login information.
3.12 
Negligence on Account security: Lohko cannot be held responsible for any loss or damage in case the Customer has acted negligently in regard to the security of the Customer’s account generally, or password or 2FA code specifically. Lohko can furthermore not be held responsible for any loss or damage in case the Customer hasneglectedLohko'sstrong recommendation of enabling 2-factor authentication. Furthermore, Lohko cannot be held responsible for any Customer using an unsecured computer in accessing the Customer’s account.
4
Terms of Purchase
4.1 
Payment and Price: Prices offered by Lohko are dynamic and marked in the App for each Product and Service provided. When You make a purchase within the Lohko App the price will be locked at the time of the transactions when You confirm Your transaction. All purchases from Lohko are paid from Your Lohko Balance. For small value items, we accept major credit cards. No purchase will be available without sufficient Lohko Balance or card payment. Lohko reserves the right to refuse any new purchases if Your account has any outstanding payments open. Any items purchased shall be paid in full in advance and Lohko does not accept any pre-orders.
4.2 
Transaction fees: Lohko reserves the right to charge transaction fees depending on the payment method. Any such transaction fees are clearly marked at the time of purchase inside the App.
4.3 
Transfer of Risk and Cancelations: After a purchase has been made and the price has been locked in, there will exist a binding purchase agreement between You and Lohko in accordance with these Terms. Any market risk or otherwise is transferred to You at the time of purchase. No refunds or order cancelations are available due to the market volatility of the items sold by Lohko.
4.4 
Invoice and Transaction History: After a purchase, Lohko will send an invoice to the email associated with Your account and store the transaction information inside YourLohko App transaction history.
4.5 
GST Exemption: Investment Precious Metals are exempt from GST in Singapore. And Products or Services that require payment of GST have GST clearly marked at the time of purchase. Lohko is not responsible for any tax applicable to Your purchase in Your country of residence.
4.6 
Bullion condition: Our Bullions are sold in bullion condition unless otherwise noted. Our Bullions are sold for investment purposes and often have minor defects such as scratches, marks, rough surfaces, deformities, spots, milk spots, discoloration, and other similar minor defects. We do not change or replace items that are in normal bullion condition. For any Bullions sold in proof condition and specifically marked as such, we enable change or replacement in cases where a visible defect is pointed out by the Customer if the Bullion is personally collected. No such change or replacement is available in case of shipment of the Bullions.
4.7 
Lohko right to Cancel purchase: Lohko reserves the right to cancel any purchase and refund the payment made if:
i. 
We are unable to satisfy Your order due to causes beyond our reasonable control.
ii. 
Your payment has not been received or Your credit card transaction has been cancelled or reversed for any reason whatsoever.
iii. 
Extraordinary situations arise in the precious metals market or deliveries from our suppliers have been delayed or cancelled.
iv. 
The price, stock, delivery time, availability, or other information of the item was incorrect due to pricing error, erroneously due to but not limited to computer-related problems, or due to human factors.
v. 
The order is deemed questionable or suspicions by us for any reason whatsoever. Lohko reserves the right not to disclose the reason for such cancelation.
vi. 
Any cancelled purchase will be refunded by Lohko to the original payment method.
4.8
Location of Sale: All sales and transactions done in the Lohko App are done in Singapore regardless of the jurisdiction or country of residence You are from. We only offer Products or Services for sale in Singapore and do not have any permanent establishment in any country other than Singapore.
4.9
In-App Purchase: Purchases can only be initiated within the Lohko App by a Customer who has registered and logged in to the Lohko App. No purchases are available in person, via telephone or email, or any other method.
4.10
Transactions not initiated by You: All transactions made in the Lohko App will initiate a transaction email to the email address associated with Your account. If You receive any transaction emails from Lohko which have not been initiated by You must notify Lohko immediately with details of any charges or transactions not initiated by You.
4.11
Lohko Stock Availability: Lohko available stock may change from time to time, and unavailable items cannot be purchased until back in stock. Lohko has the right at any point to remove items from the Lohko App from sale and makes no guarantees of when or if different sold-out items may be back in stock.
4.12
No Commodities trading: Lohko does not, whether on its own account, on behalf of any of its Customers or on behalf of any third parties, engage in or offer any commodity trading services or commodities contracts, as defined by the Commodities Trading Act (Chapter 48A).

5

Ownership of Bullion
5.1
Ownership Certificate: Lohko issues an Ownership Certificate for each Bullion in the owner's name. The Certificate is issued after purchase when a specific unique Bullion has been assigned to You. After the issuance of the Ownership Certificate we merely act as agents to store, insure and provide liquidity for Your property. As an owner, not creditor, the ownership of the Bullion is on the Customer not Lohko which means the Bullion cannot be defaulted upon by Lohko.
5.2 
Lohko Vault Report: Lohko issues a Vault Report on all Bullions held in Lohko Storage whether owned by Customers and stored by Lohko or held and owned in Lohko own stock. The vault report clearly marks the owner of each individual numbered Bullion in an anonymised way where the owner of the Bullion can confirm the right Bullion is marked under their ownership without exposing any private information about the owner to the public and other users. The anonymisation is done by marking the owner's blockchain address as the owner, which is only visible in the user's settings.
5.3 
Access to Information: You will have access, through Lohko App, to the following Bullion details:
i. 
Each of Your Bullion's individual identifiers and details.
ii. 
Ownership Certificate
iii. 
Access to Lohko Vault Report
iv. 
Your Bullion Transaction history 

6

Storage and Storage Fees
6.1 
Storage arrangement: You authorise us to arrange for the storage, and insurance of Your Bullion held on Your behalf in our partner vaults and subject to their storage terms.
6.2 
Storage agent: You agree to confirm any agreements that we or our storage partners may enter into as agent on Your behalf for the storage, transportation, and/or insurance for the relevant Bullion as soon as is reasonably practicable. Save for the limited and specific agent relationship referred to above, such agreements do not create any other form of agency relationship between You and Lohko and do not create a partnership, joint venture, or other similar relationship.
6.3 
Insurance: We hold Your Bullion on our behalf at our partner vault in Singapore and undertake to ensure the vault has adequate insurance protection for including, but not limited to theft, employee infidelity, and mysterious disappearance.
6.4
Unique identifier: We always make sure each bullion has a unique identifier and is directly under Your ownership. This ensures every Bullion can be uniquely identified and tracked to ensure Bullion is reliably segregated and exclusively assigned to its unique owner. It also enables direct legal ownership.
6.5
Storage Fee and Payment: Customer agrees to pay storage fees in accordance with the Lohko Storage fee structure. Storage fees are payable for the duration Your Bullion is stored with us. Storage charges commence on the date You become the legal owner of Your Bullion. We may modify our storage fees from time to time by not less than 7-day advance notice by email to our Customers and by notification in the Lohko App. Storage fee shall be paid in advance for 1-5 years at a time. At the time of purchase of storage fee Lohko buys gram gold or silver corresponding to the time for which storage is purchased. Lohko locks such Gram gold in the Customer’s account and automatically deducts storage fee payment from the locked gram gold balance daily. Lohko sends a reminder of any upcoming storage fee payments to the Customers email and in the App one month in advance of the following payment date with a reminder on the date of payment. The Vault Report includes the date until which the storage fee has been paid. If the gold is sold back to Lohko or transferred any remaining gram gold shall be released to the Customer and can be sold back to Lohko. Storage fees are as follows:
a. 
Gold Bullion Storage fee is 0.5% of the gold value per year
b. 
Silver Bullion Storage fee is 0.7% of the silver value per year
c. 
Gram gold storage fee is 0.5% of the gold value per year
d. 
Gram silver storage fee is 0.7% of the silver value per year
e. 
Storage fee is not paid for gram gold or silver reserved as prepayment forBullion storage fee.
6.6 
Security and lien of Bullion: Customer grants a security and lien on any stored Bullion under these Terms. If the storage fee remains unpaid for more than thirty (30) days Lohko reserves the right to sell Your gold or silver Bullion to cover any outstanding fees for the price provided for the sale of Bullion in the Lohko App whenthe sale is executed by Lohko. Any excess proceeds from the sale of Bullion shall be accredited to the Customer Account in the form of gram gold or silver. Before the sale of Bullion to cover storage fees any Account Balance on the Customer’s accountshall be used to cover unpaid storage or other fees.
6.7
Liability of Bullions stored:Lohko assumes liability for the Bullion stored under these Terms for any and all loss of the Bullion according to the accepted liability standards of the Bullion industry. Lohko is not liable for the loss of Bullion originating from acts of third parties and from such events that are outside of the control of Lohko. Lohko shall not be liable for:

any loss to the bullion while in storage due to or as a result of the following situations: 
a. 
Events of war
b. 
Sabotage
c. 
Insurrection, rebellion, revolutions, civil war, usurped power or action taken by a government authority 
d. 
Riots or acts of civil disobedience  
d. 
Riots or acts of civil disobedience  
e. 
Use of chemical, biological, biochemical, or electromagnetic weapons, use of any device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or any act of a public enemy
f. 
Judicial action or act of any government or agency or subdivision thereof
g. 
Explosion (whether an act of God or act of man)
h. 
Technical failures, labour disputes, or unusual market conditions such as but not limited to market default, market closure, and market disruptions
j. 
Storms, fire (whether an act of God or act of man), flood, and other natural disasters
k. 
Terrorism-related activities of any kind whatsoever or activities suspected to be related to terrorism
l. 
Direct or indirect loss or damage, including but not limited to loss of profits or revenue due to buy or sell prices set by Lohko, profits, revenue,business opportunity or reputation, whether caused by Lohko's fault or neglect and regardless of whether Lohko has knowledge or not that such loss or damage may result.
m. 
Shortage or disappearance of Bullion following inspection, search, or audit by appraisers or government agencies.
n. 
Loss resulting from the negligence of the Customer.
o. 
Any loss to the Bullion resulting from ordinary leakage, ordinary loss in weight or volume, ordinary wear and tear, or natural oxidization.
p. 
Confiscation, seizure, appropriation, expropriation, requisition for the title of use, or wilful destruction of the bullion under any order of the government and/or public authority.
p. 
Any other event or happening that is outside the control of Lohko.

7

Delivery and Pickup
7.1
Delivery and pickup partner: We work with well-known bullion storage providers in who manages deliveries and pickups on our behalf.
7.2
Bullion pickup: You can physically collect gold or silver Bullion by making a pickuporder from our customer service in the Lohko App at least 7 days in advance of pickup. The pickup will require showing the identity document as registered in our system to our storage provider when picking up Your Bullion(s). If You request physical pickup of Your Bullion, You agree that we have the right to share Your Identity document and any other information we hold about You with our storage partner.
7.3
Representative: You can separately request Your representative to pick up the Bullion on behalf of You. For this, we will require a signed request by You and required identity documents of Your representative to ensure we only give Your Bullion to Your approved representative on behalf of You.
7.4
Storage partner: Bullions can be picked up at our storage partner BullionStar vault in Singapore at 45 New Bridge Road, Singapore.
7.5
Bullion delivery: We also for a separate fee provide the ability to send Your Bullion to You. Delivery and fees may be requested from us separately and although our storage provider can deliver Bullions to multiple countries, we reserve the right that delivery may not be available to Your county of residence. To arrange delivery please contact our customer support in the Lohko App.
7.6
Risk of shipping: You shall be solely responsible for the shipping of Your Bullion within Singapore or out of Singapore, including for any taxes levied upon import to the country of destination. We are not liable for any loss or damage, caused to the Bullion in the shipping process.
7.7
Delivery or pickup note: We will after delivery or pickup order provide You with a delivery or pickup note which will also be available in Your transaction history inside the Lohko App. When making a delivery or pickup order Your Bullion will be removed from the Lohko App.

8

Sale or Transfer
8.1
Sale to Lohko: You may log into the App at any time to request a sale of all or any ofYour Bullion held in the App. If a sale is available, the available sell price will be visible in the App for Your specific Bullion. When confirming a sale, the price is locked and You will see the relevant sales price in Your Account Balance, which You can then withdraw based on these Terms.
8.2
Price: Lohko reserves full unconditional right to determine the price which we offer to buy and sell our Products and Services. We do not guarantee that You will be able to sell Your Bullion to Lohko.
8.3
Transfer: We enable You to transfer Your Bullion ownership from the App. The transfer is done to the receiver’s email address where the receiver will claim the Bullion. The Bullion will be locked in Your Lohko App until the receiver has claimed the Bullion, which is when ownership is transferred. Until the Bullion is claimed You have the right and ability to cancel Your transfer. After the receiver claims the Bullion, You will be requested to confirm the transfer to ensure the transfer has been done successfully to the intended receiver.
8.4
Transfer time: The transfer email will be available to claim by the receiver for 3 daysfrom sending (72hours). After that, the link will expire, and the Bullion will be automatically returned unlocked to Your Lohko App.
8.5
Receiver: To receive a Bullion You will have to create an Account with Lohko and accept these Terms. Any Bullion received with a value above SGD 20 000 or when the combined value of received Bullions (including Bullions received from multiple senders) exceeds the limit shall be required to complete CDD or CEDD before the claim can be claimed by the receiver.
8.6
Confirmed sender: When placing a sell order or making a transfer in the App, You will have been required by the Lohko App to complete CDD or CEDD verification. When placing a sell order you select your preferred currency balance or cryptocurrency balance type within the Lohko App to get paid into as available in the App. We however always reserve the right to pay the funds directly to the Customer'sbank account.
8.7
Binding Sell Order or Transfer: A sell order or transfer is binding from the moment of submitting the order or making the transaction and accepting it in the Lohko App. There are no cancellation rights after the order is made or the transfer is completed.
8.8
Sales proceeds: Sales proceeds for items sold to Lohko will normally be credited to a Customer’s Account Balance directly after the transfer is completed. The balance canthen be used for future purchased from Lohko or withdrawn from the Account Balance.

9

Lohko Main Chain NFTs
9.1
Lohko NFT: All gold bars issued in the App are NFTs on a private blockchain. If You want to convert your Your Bullions as NFTs on the Ethereum mainnet chain thiscan be requested through Your Lohko App.
9.2
Issue a Lohko Mainnet NFT: You can at any time request the creation of an Ethereum mainnet NFT from any of Your Bullions issued in Your Lohko App. Please note that only Bullions fully issued can be converted. If You have a pending Bullion You need to wait until the Bullion has been fully issued into Your Lohko App before You can request a mainnet NFT creation. After the NFT has been issued as a mainnet NFT, this will be marked in the Lohko Vault Report where You will also be able to see which Ethereum address holds the NFT. Your Bullion will also be removed from your Lohko Account when you request the mainnet NFT to be issued and you will see the issuance in your transaction history in your Lohko App.
9.3 
Ensure Ethereum address is correct: When issuing a request, You will be asked to provide an Ethereum address where we send the NFT. We are not responsible if You provide us with the wrong or incomplete token address. We can only issue the mainnet NFT to a wallet that can handle and transfer ERC 721 and ERC 1155 tokens and You are responsible to ensure the address You provide can do this.
9.4
Loss of account access: Lohko does not take any responsibility for any lost private keys or access to a mainnet NFT and its solely Your responsibility as owner of the NFT to maintain access to your mainnet NFT. We cannot help You recover or get access to the Bullion if You have lost access to the account holding the mainnet NFT or if Your account has been hacked or similar.
9.5
Storage fees: When You issue Your mainnet NFT, You must have storage paid in advance for a minimum of 1 year. The payment of Your storage fee for the specific Bullion is marked in the Lohko Vault Report.
9.6
Payment of Storage fees: When Your storage fee for the Bullion is running low, You have the responsibility to pay the storage fee. We provide an address where You can send USDC to pay for the storage fee. You can pick to pay between 1-5 years at a time. If You have a Lohko Account You can do the payment also with a bank transfer to Lohko from Your Lohko App. Payment of storage fee does not require You to open and maintain an Account with Lohko.
9.7
Sale or transfer of an Ethereum mainnet NFT: Lohko does not have control over howYou sell or transfer the main chain NFT and does not take any responsibility for any sales or transfers.
9.8
Convert back Your NFT: The owner of a Lohko mainnet NFT can at any time take physical custody of the gold bar by opening an Account with Lohko and completing the CDD or ECDD process as specified by Lohko. After the Account has been opened You can send Your NFT to Your Lohko App wallet – which will convert it from an NFT on the mainnet to a Bullion in the Lohko App. When Your Bullion is in Your Lohko App You can receive physical custody, sell, or transfer Your Bullion under these Terms.

10

Deposits and Withdrawals
10.1 
Deposits: To fund Your Lohko Account Balance, You need to notify us about Your intention to fund the account by doing a deposit in the Lohko App. The payment details and a reference number to be added to the transaction is provided in the App when doing the deposit. Deposits are not binding and will expire if we have not received the funds within 7 days from deposit notification. Deposits can be done in any balance currency available in the Lohko App.
10.2
Reference number: When making Your bank transfer You will need to provide the reference number provided to You in the Lohko App for the deposit. We will check any incoming payments with the reference numbers issued for deposit requests.
10.3
Fees: We do not charge any fees for deposits, but You are liable for any bank transfer or other charges charged by financial institutions related to the transfer.
10.4
Account Balance credited to Your account: Your Account Balance will be credited after Lohko has confirmed that we have received the funds.
10.5
Balance currency: We enable deposits in Singapore Dollars (SGD), US Dollars (USD), and Euros (EUR) as well as in USDC cryptocurrency. Funds in one currency cannot be transferred to another currency in Your account and you cannot transfer any Account Balance to another Customer or third party.
10.6
Funding and withdrawal methods: Domestic or international bank transfer is available for SGD, USD, and EUR. For USDC the funds are sent from Your blockchain wallet to the wallet address provided by the Lohko App. For withdrawals of USDC, You will provide us with a blockchain address held by You.
10.7
Account Balance in Your Account: Funds will be kept in Your account until You place an order by using the funds on Your Account or until You withdraw the funds.
10.8
Transfer bank account to match Lohko account holder: Any deposits or withdrawals can only be done from an account in Your name. We do not accept any bank transfers from or to accounts that are not in the account holder’s name. Please ensure Your name registered in the App is Your full legal name and matches the name of theaccount You want to deposit from or withdraw to.
10.9
Payments from Balance: At the time of purchase, Customers will usually pay by using funds on their Account Balance. The purchase amount will immediately be withdrawn from the Customer’s Account Balance. There needs to be sufficient Balance in the Account to complete the purchase.
10.10
Withdrawal: To fund Your Lohko account, You need to notify us about Your intention to withdraw funds by doing a withdrawal request in the Lohko App. All bank charges are fully borne by the Customer.
10.11
Transfer time: Depending on Your bank there may be a delay before Lohko receives the funds or before a withdrawal is visible in Your account. This is usually between 1-3 days but may be longer depending on Your bank and could take up to 10working days. If Your Account Balance has not been credited in Your Lohko App within 10 working days, or if Your withdrawal has not been credited to Your account provided within the 10-day period You shall contact Lohko.
10.12
Responsibility of fund transfer: The Customer acknowledges that the Customer bears the full responsibility to send funds, including cryptocurrency funds, to the correct account number with the right transaction reference or cryptocurrency address as designated by Lohko in the Lohko app on the order confirmation. For USDC, the Customer acknowledges that we only accept and send 
10.13
Unclear identity and origin of funds: The Customer acknowledges that Lohko reserves the right to return the funds, if possible, and/or terminate the order if there are doubts over the owner, identity, or origins of the funds.
10.14
Funds of Unknown Origin: The Customer acknowledges that any unclaimed funds of unknown origin accrue to Lohko following a period of six years from the funds being received by Lohko.

11

Lohko Account Balance
11.1 
You agree to indemnify and hold Our Entities harmless from and against all liabilities,damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (i) your use of our Site and/or (iii) any misrepresentation made by you.
11.2 
Purpose of Account Balance: Customers can fund/top up their accounts to subsequently purchase Products and Services from Lohkoin Singapore and keep electronically stored values on account for the purpose of buying Products and Services from Lohko. The Customer can withdraw the Account Balance at any time. Account Balance can only be used for settling orders in Singapore with Lohko Pte Ltd. and shall not be used for any other purpose.
11.3 
No third-party payments: Payments to any third parties are not allowed. We do not provide any payment services as defined in the Payment Services Act 2019. Lohko does not require a license or any approval for providing transactions in respect of limited purpose Account Balance.
11.4 
No fees: Lohko does not charge any account maintenance fees. Lohko does not charge any fee for top-up or withdrawal of funds, but all bank charges or other transaction costs for receiving and sending funds are borne by the Customer.
11.5 
No interest: Funds kept on account with Lohko are non-interest bearing.
11.6 
Unpaid Obligations: If a Customer has an outstanding order, obligation, or liability we may use the funds from the Customers Lohko Account Balance, regardless of currency, to settle the outstanding order or invoice when the amount is overdue.
11.7 
No Negative Account Balance: You cannot hold a negative Account Balance.
11.8 
Transactions initiated in Lohko App: For security reasons, transactions relating to the Account Balance can only be carried out by the Customer being logged in to the Customer’s App and not through any other way of communication. The Customer acknowledges that any such transactions must be initiated from the Customer’s Lohko App.

12

Death or incapacity
12.1 
Notification of Death: The administrators of a Customer’s estate should inform Lohko of the Customer's death, accompanied by the death certificate, as soon as reasonably practicable. Upon being notified of the Customer's death, Lohko will verify the report by attempting to contact the Customer at the e-mail address and in the Lohko App and if available the postal address tied to his/her Lohko App account. As such, Customers should make sure that their Lohko account is named and addressed in a way that will match with the death certificate exactly. Lohko strongly recommends that Customers enter the account name so that it matches that of their bank account and legal name. A mismatch between the death certificate and/or the deceased Customer’s Lohko Account and/or bank account can cause difficulties and expenses for a Customer’s estate's administrators.
12.2 
Start of Process: Unless Lohko has good reason to doubt the report of the Customer's death, Lohko shall within 30 days start to process the notification of the Customer's death in good faith.
12.3 
Information needed: The Customer's administrators will be requested to send to Lohko the relevant documents required in the jurisdiction appropriate to the Customer's estate. Usually, the Customer's administrators will be named in the Customer's will, as well as in official documents produced after the Customer's death, and those documents will bear the seal of the official issuing body - usually a court. Copies of these documents, and the Death Certificate, are to be sent to Lohko. The documents shall be provided in English or together with an English authorized translation
12.4 
Document Storage: Lohko will store these documents for filing purposes and perform the necessary investigation regarding processing the Customer's Account. Once Lohko has received instructions from lawyers confirming who Lohko can deal with as administrators of the Customer's estate, Lohko will rename the account as "Estate of deceased."
12.5 
Instructions: Lohko will provide the estate administrator instructions and details on how assets in the account can be dealt with and how to access the assets. Lohko reserves the right to charge a fee of 1.5% of Bullion value in the account or SGD 500whichever is lower.
13
Use of Lohko App and Website
13.1
Email Subscription: If You subscribe to our email list You agree to receive periodic e-mails with information about the market, products, events, promotions, or similarly. You can always choose to unsubscribe from these e-mails by clicking the unsubscribe link in the footer of the email.
13.2
NO INVESTMENT ADVICE: The information, materials, or communication on the Website, Lohko App, or any other communication with Lohko is for informational purposes only and is not intended as and shall not be understood or construed as, financial or investment advice, we are not attorneys, accountants, or financial advisers, nor are we holding ourselves out to be. Lohko makes no representations about the advisability of purchasing Bullion as an investment.
13.3
Information: We have done our best to ensure the information provided on the Website, Lohko App, Newsletter, or any other means are accurate and provide valuable information but do warrant that such information is correct.
13.4
Recommendation to seek advice: Nothing available through the Website, Lohko App, Newsletter, or other means of communication shall be understood as a recommendation, that You should not consult with a financial professional to addressYour particular information. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other content on the Website, Lohko App, Newsletter, or any other means of communication. We expressly recommend that You seek advice from a professional.
13.5
No solicitation: Nothing on our Website, Lohko App, Newsletter or other means of communications constitutes a solicitation, recommendation, endorsement, or offer by Lohko or any third-party service provider to buy or sell securities or other financial instruments in this or any other jurisdiction. Lohko does not endorse any broker and does not guarantee the investment of any Customer.
13.6
No target country or market: These Terms and Conditions are not a solicitation of any products or services and are not targeting any specific country or market.
13.7
Information Indemnification: In exchange for using the Website, Lohko App, Newsletter or any other communication with Lohko, You agree not to hold Lohko, its affiliates, or any third-party service provider liable for any possible claim for damages arising from any decision You make based on information or other content made available to You through the Site.

14

Intellectual Property
14.1 
Content: “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services by Lohko or its partners.
14.2 
Intellectual property owner: Lohko exclusively owns all title, ownership, intellectual property rights, and interest in and to the Services, Lohko App, Website, and any other content created by Lohko (“Content”). You acknowledge and agree that the Services and Content contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to copy, modify, rent, lease, sell, distribute, perform, display, or create derivative works based wholly or part of the Content or Services.

15

License to use Lohko App
15.1 
Subject to these Terms and Your compliance with these Terms, Lohko hereby grants You a limited, non-exclusive, non-transferable, non-sublicensable right and license to access, download, view, display, copy and print the Content and use the Content and Services solely in connection with Your permitted use of the Content and Services. This right to use and license does not include any derivative use of the Lohko App or Service. All rights not expressly granted to You in these Terms are reserved and retained by Lohko.We reserve the right to disable, limit or remove access for any reason at our sole discretion.
16
Warranty Disclaimer
16.1 
Warranty Disclaimer: You expressly understand and agree, that Lohko App or Website may have defects and Your use of the Lohko App or Website is at Your sole risk. To the fullest extent permissible under applicable law, the Lohko App, Website, Services, and Products are provided to You “AS IS,” without warranty, assurances or guarantees of any kind either express or implied or statutory warranties, including, without limitation, implied warranties of merchantability, condition, uninterrupted or error-free use; or, that any errors will be corrected, the accuracy of Content, satisfactory quality, fitness for a particular purpose or non-infringement of third-party rights, unless otherwise specified in these Terms. No advice in oral or written form provided by Lohko, its employees, or other representatives constitutes a warranty. 
17
Limitation of Liability
17.1 
Lohko liability: If it is determined that Lohko is held liable to the Customer in regard to any transaction consistent with this Agreement, Lohko’s liability to the Customer in relation or due to any transaction shall be limited to the amount paid by the Customer in such transaction unless otherwise specified in these Terms. In no event shall Lohko be held liable for any indirect, consequential, or exemplary damages. Liability in case of loss of Bullion for reasons in Lohko control the liability is determined as follows by the discretion of Lohko: 
a.
First London Market fixing price (LBMA Gold Price and LBMA Silver Price) for the described Bullion on the day of discovery and notification of the loss. In case the fix is not available on that particular day, then the fix from the next immediate business day shall be used. 
b.
A replacement of the lost or defective Bullion with another similar type of bullion of equal weight, quality, and purity should be effectuated. 
c.
The Customer agrees to indemnify Lohko for any claims by a third party relating to or for the loss of the Bullion. 
d.
The Customer shall indemnify Lohko from all losses, cost, and expenses, including reasonable legal fees, which Lohko pays or incurs as a result or arising out of any dispute or litigation, whether instituted by Lohko or others, regarding the Customer’s right, title or interest in the Bullion.
17.1 
Limitation of Liability: Lohko will not be liable for any loss resulting from, but not limited to, inaccuracies in bank details, inaccuracies in cryptocurrency payment details such as incorrect cryptocurrency selected or inaccurate cryptocurrency address input, or other incorrect Customer details supplied by the Customer. Neither Lohko nor its suppliers or contractors shall be liable for any damages or losses, including direct, indirect, punitive, consequential, or incidental damages, which the user may incur due to the use, malfunction, inability to use, or termination of the Lohko App or Website, or due to the fault or negligence of any entity furnishing any facilities, equipment or services used in connection with the Lohko App or Website, or due to the failure or delays in transmission, malfunction of equipment, breakdown or failure of any telecommunications systems, software or hardware provided by any entity used to operate the Lohko App or Website, or due to any other cause beyond the reasonable control or anticipation of Lohko.
18
Other terms
18.1
Indemnification: You agree to defend, release, indemnify and hold Lohko, its Affiliates, and contractors, and its and their respective officers, directors, employees, and agents harmless from and against any and all loss, cost, expense, or liability (including attorneys’ fees, experts’ fees, and court costs) claims or actions of any kind whatsoever arising or resulting from Your use of the Service, Your violation of these Terms. 
18.2
Claims of Copyright Infringement: If You believe the Services or any of its content infringes Your copyrights or the copyright of a person on whose behalf You are authorized to act, please send a written notice to Lohko by email to legal@lohkowallet.com. Please include all of the following in Your notice: 
a. 
Identify and describe the copyrighted work that You claim has been infringed. 
b. 
Identify the claimed infringing material and include a description of where the material can be located within the Content. Your full legal name and signed authorisation by the owner of the intellectual property right if You are acting on behalf of another person. 
c. 
Your contact details including mailing address, telephone number, and email address. 
d. 
A statement signed by You that You have a good faith belief that the disputed use is not authorized. 
e. 
A statement signed by You under penalty of perjury that the information You provide in the notice is accurate and that You are the copyright owner or that You are authorised to act on behalf of the owner. 
f. 
Note that false statements made can make You liable for damages including the cost of attorney’s fees incurred. 
g. 
In caseYou are unsure of if the Content isinfringingYour rights, please contact Your attorney beforeserving Lohko the notice. 
18.3
Force Majeure. Any delay in the performance of any duties or obligations of either party (except the payment of money owed) will not be considered a breach of this Agreement if such delay is caused by a labour dispute, local regulatory changes, shortage of materials, fire, earthquake, flood, power outage, equipment breakdown, or any other event not reasonably foreseeable by, and beyond the control of such party, provided that such party uses commercially reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible. In such circumstances, the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for one (1) month, the party not affected may terminate these Terms by giving 1 (one) week's written notice to the affected party. The Customer shall not make any claims for any appreciation in the value of the Bullion or any damages under any and all circumstances.
18.4 
Waivers and Severability: A failure of Lohko to enforce any of the provisions of these Terms shall in no event be considered a waiver of such provision.If any provisions of these Terms are found to be invalid or unenforceable in respect of any applicable law: (a) the validity or enforceability of such provision shall not in any way be affected in respect of any other jurisdiction and the validity and enforceabilityof the remaining provisions shall not be affected; and (b) the parties shall substitute such provision by a valid and enforceable provision approximating to the greatest extent possible the essential purpose of the invalid or unenforceable provision.
18.5
No third-party beneficiaries: Except as otherwise expressly provided in these Terms, You agree that there shall be no third-party beneficiaries to the Terms.
18.6
Notices: Any notice communicated by Lohko shall, unless otherwise noted in these Terms, be e-mailed to the Customer’s e-mail address provided by the Customer’s Lohko account. Any notice by Lohko will take effect on the 3rd day of it being sent.
18.7
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms of Use must be filed within six (6) months after such claim or cause of action arose or be forever barred. 
18.8
Feedback and communications: If You notice any security breach You are obligated to notify us by sending an email security@lohkowallet.com. As we take security very seriously such notifications will be checked without unnecessary delay. Lohko has no requirement to reply to such notifications or to take any actions based on such notifications. If You have any feedback, comments, ideas, complaints, or suggestions for improvement of Services (“Feedback”) send us an email at support@lohkowallet.com. By sending us Feedback You give Lohko anon-exclusive, royalty-free, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use Your Feedback in any way such as but not limited to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose without any further notice or compensation to You of any kind.
18.9
The following terms survive any termination of these terms: INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; TERMINATION; NO THIRD-PARTY BENEFICIARIES; GOVERNING LAW AND BINDING ARBITRATION AND CLASS ACTION WAIVER. 

19
Governing Law and Disputes
19.1 
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. 
19.2 
Governing Law: This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Singapore. 
19.3 
Arbitration: Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this Section; provided, however, that each party may enforce its or its Group or Affiliate Companies intellectual property rights in any court of competent jurisdiction, including but not limited to injunctive relief. The appointing authority shall be Singapore International Arbitration Centre. The place of arbitration shall be in Singapore and the arbitration proceedings shall be conducted in the English language. There shall be only one arbitrator. Any such arbitration shall be administered by the arbitration centres procedures for Arbitration in force at the date of this Agreement including such additions to the UNCITRAL Arbitration Rules as are therein contained. 
19.4 
Individual Capacity: The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND LOHKO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 
© Lohko Pte. Ltd 2023
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