ข้อกำหนดการใช้งาน
นี่คือฉบับที่มีผลผูกพัน (ภาษาอังกฤษ)
ยังไม่มีคำแปลในภาษานี้ จึงแสดงฉบับที่มีผลผูกพัน (ภาษาอังกฤษ)
1. Who we are, and what these Terms cover
These Terms of Use (the “Terms”) are an agreement between you and Star Light Inovation,ltd, a company incorporated in the Republic of Uzbekistan (the “Operator”, “we”, “us”), which operates the website トクバク (the “Site”) and the cashback service described on it (the “Service”).
- Operator
- Star Light Inovation,ltd
- Registered address
- Махтумкули 1А, 100047, Тоshkent, Toshkent
- Contact
- support@tokubaku.com, or the contact form on the Site
By creating an account, or by otherwise using the Service, you agree to these Terms. The agreement is concluded electronically and is valid without a paper signature. If you do not agree, do not use the Service.
2. Definitions
- “Broker” means a third-party foreign exchange or CFD broker listed on the Site.
- “IB commission” means the introducing-broker commission that a Broker pays us in respect of trading on Linked Accounts.
- “Linked Account” means a trading account you hold with a Broker, opened through our referral link and approved by us.
- “Cashback” means the amount we credit to your Balance out of IB commission actually received by us.
- “Balance” means the amount recorded in your member account, denominated in United States dollars (USD).
- “Member account” means your account on the Site.
3. What the Service is — and what it is not
We introduce traders to Brokers and share part of the IB commission we receive with you. That is the whole of the Service.
We are not a broker, dealer, exchange, payment institution, investment firm or financial adviser. We do not hold client money, do not execute or transmit orders, do not give investment advice or recommendations, and do not manage anyone’s funds. Nothing on the Site is an offer, solicitation or recommendation to trade any instrument.
Market information published on the Site — the economic calendar, positioning data and similar material — is general information for study and observation only. It is not investment advice and we do not guarantee that it is accurate, complete or current.
Trading foreign exchange and CFDs is high-risk and can result in the loss of all of your deposited funds. Your trading decisions are yours alone.
4. Eligibility
You may use the Service only if you:
- are at least 18 years old and have full legal capacity;
- are acting for yourself and not on behalf of another person;
- are not resident in, or accessing the Service from, a country or territory where using the Service, or opening an account with the relevant Broker, would be unlawful; and
- are not a person subject to sanctions imposed by the United Nations, the European Union, the United Kingdom or the United States, and are not resident in a territory subject to comprehensive sanctions.
Each Broker applies its own country restrictions and its own account-opening rules. We do not control them, and our acceptance of your registration does not mean that a Broker will accept you.
5. Registration and your member account
You must give accurate information and keep it up to date. One person may hold one member account. You are responsible for keeping your password confidential and for everything done through your member account.
We verify your email address before the member account becomes active. If you lose access to the email address you registered, we may not be able to restore access to the member account.
6. Identity verification
Before your first withdrawal we verify your identity. You will be asked to upload an identity document and, where required, proof of address. We may refuse a document that is unreadable, expired or inconsistent with the details you registered, and we may ask for further documents.
We may refuse or reverse verification, and refuse withdrawal, where we have reasonable grounds to suspect impersonation, forgery, or use of the Service by or for another person.
7. Linking a broker account
To earn Cashback you must open the trading account through our referral link for that Broker, and then register the account number in your member account. We check with the Broker that the account is attributed to us, and approve or reject the registration. We will tell you the reason for a rejection.
As a rule only newly opened accounts qualify. Whether an existing account can be transferred to us depends entirely on the Broker, and in most cases it cannot. An account that a Broker does not attribute to us produces no IB commission and therefore no Cashback, even if you opened it in good faith.
Where a Broker requires a minimum holding period, a minimum trade duration or similar conditions for commission to accrue, those conditions apply to your Cashback as well. The conditions we are aware of are published on the page for each Broker.
8. How Cashback is calculated
We credit you 90% of the IB commission we actually receive from the Broker in respect of your Linked Accounts.
- Where a Broker pays a fixed amount per lot, we publish the amount you receive per lot, which is 90% of that amount.
- Where a Broker does not pay per lot, we credit 90% of the total IB commission attributable to your Linked Accounts.
Cashback is recorded in USD, because IB commission is paid to us in USD. We do not convert it into any other currency. Amounts are rounded to the cent.
Cashback is credited after the Broker’s commission report for the relevant period is final. Timing differs between Brokers and is published on each Broker’s page. Amounts shown before a report is final are provisional.
We may change the rate. A change is published on the Site and applies only to trading that takes place after the change. We will not reduce Cashback that has already been credited.
If a Broker reverses, cancels or claws back commission already paid to us — for example because trading is judged to be abusive, or because a bonus or a deposit is reversed — we may correspondingly reverse the related Cashback from your Balance, and where the Balance is insufficient we may recover the amount from future Cashback.
9. Referral commission
You may invite other traders using the referral link in your member account. Where a person registers through your link and Cashback is credited to them, we credit you a referral commission calculated as a percentage of their Cashback. The current percentage is shown in your member account.
Referral commission is paid out of our own margin and does not reduce the Cashback of the person you introduced. We may change the percentage, with effect for the future only, in the same way as clause 8.
You may not refer yourself, members of your household, or accounts you control, and you may not create accounts for the purpose of collecting referral commission. You may not advertise the Service in a misleading way, use paid search on our name or brand, send unsolicited messages, or present yourself as us.
10. Withdrawals
You may request a withdrawal of your withdrawable Balance once identity verification is approved and the amount reaches the published minimum. The minimum is shown in your member account.
Withdrawals are paid in USDT on the TRON network (TRC20) only, at 1 USD = 1 USDT. You must register a TRC20 receiving address. We cannot send to an address on any other network, and we cannot recover funds sent to an address you gave us incorrectly, because a completed blockchain transfer cannot be reversed. Check the address carefully.
We publish the transaction identifier (TxID) of each payment in your member account so that you can verify it on the blockchain. Network fees, and any fee charged by the service where you receive the USDT, are not within our control.
We aim to process requests promptly. We may pause a withdrawal while we check a registration, a document or an unusual pattern of activity, and we will tell you when we do.
11. Prohibited conduct
You must not:
- register false information, or hold more than one member account;
- register a trading account that belongs to another person, or let another person use yours;
- trade in a way that a Broker treats as abusive — including arbitrage against the Broker’s prices, latency or bonus abuse, and trading whose purpose is to generate commission rather than to take market risk;
- use the Service for money laundering, terrorist financing, tax evasion, or any other unlawful purpose;
- attempt to gain unauthorised access to the Site, scrape it at a volume that burdens it, or interfere with its operation; or
- copy, redistribute or resell content from the Site beyond what these Terms allow.
12. Suspension, closure and forfeiture
Where we have reasonable grounds to believe that clause 4, 9 or 11 has been breached, we may suspend crediting of Cashback, suspend or refuse a withdrawal, unlink a trading account, or close the member account. Where a breach is established, we may cancel Cashback and referral commission arising from it.
Before cancelling an accrued amount we will notify you at your registered email address and give you a reasonable opportunity to respond, unless we are prevented from doing so by law or by a legal order.
You may close your member account at any time by contacting us. Closing it does not affect Cashback already credited, which you may withdraw subject to clause 10.
13. Brokers are third parties
Each Broker is an independent third party. We are not its agent and it is not ours. Your account with a Broker is governed by that Broker’s own agreement with you.
Cashback is funded entirely by IB commission that the Broker pays us. If a Broker becomes insolvent, stops paying, freezes accounts, changes its partner terms, or withholds or cancels commission, we cannot pay the corresponding Cashback, and we are not liable for it. We are likewise not responsible for a Broker’s spreads, execution, deposits, withdrawals, bonuses, account closures or trading losses.
14. Availability of the Service
We may change, suspend or discontinue any part of the Service, or stop working with a Broker. Where we discontinue the Service we will give notice on the Site and allow a reasonable period for you to withdraw your Balance, subject to the minimum withdrawal amount.
The Site may be unavailable during maintenance or because of a failure outside our control. We do not warrant uninterrupted availability.
15. Taxes
You are responsible for determining and paying any tax due on Cashback or referral commission in the country where you are tax-resident, and for any filing that this requires. We do not withhold tax on your behalf and we do not give tax advice.
16. Disclaimers
The Service and the Site are provided as they are. To the extent permitted by applicable law we give no warranty that the Site will be error-free, that published rates, amounts or market information are accurate, or that the Service will meet your expectations.
17. Limitation of liability
To the extent permitted by applicable law, we are not liable for loss of profit, loss of trading opportunity, trading losses, or indirect or consequential loss. Our total liability to you for all claims in any twelve-month period is limited to the total Cashback and referral commission credited to you in that period.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the law of the Republic of Uzbekistan, including liability for intent or gross negligence, nor does it affect any mandatory consumer right that applies to you under the law of your country of residence.
18. Personal data
We process personal data as described in our Privacy Policy, which forms part of these Terms. Where the Service can only be provided by processing certain data — your email address, your trading account numbers, your identity documents and your receiving address — we cannot provide it if you withdraw consent to that processing.
19. Changes to these Terms
We may amend these Terms. We will publish the amended version on the Site with a new effective date and, where the change is material, notify registered members by email at least 14 days before it takes effect. If you do not accept a change, stop using the Service and withdraw your Balance before the change takes effect. Continuing to use the Service after that date means you accept the amended Terms.
20. Governing law and disputes
These Terms, and any dispute arising out of them or out of the Service, are governed by the law of the Republic of Uzbekistan, without regard to conflict-of-laws rules.
Before starting proceedings, please send us a written claim describing the matter and what you are asking for. We will answer within 30 calendar days of receiving it. Most questions are resolved at this stage.
If the claim is not resolved, it shall be submitted to the competent court of the Republic of Uzbekistan at the Operator’s registered address in Tashkent. This does not deprive you of the right to bring proceedings before a court of your country of residence where a mandatory rule of that country gives you that right.
21. Governing language
This English version is the authoritative version of these Terms. Translations into other languages are provided for convenience only. If a translation and this English version differ, this English version prevails.
Where a translation into the Uzbek or Russian language is required for a court or an authority of the Republic of Uzbekistan, a certified translation of this English version shall be used.
22. Miscellaneous
If a provision of these Terms is held invalid, the remaining provisions continue to apply. Our failure to enforce a provision is not a waiver of it. You may not transfer your rights under these Terms; we may transfer ours to a successor of our business, on notice to you.
These Terms, together with the Privacy Policy and the rates and conditions published on the Site, are the whole of the agreement between us.
23. Trading tools we make available
We may make trading tools available to Members who meet the conditions published on the Site, including an indicator distributed through TradingView on an invite-only basis. A tool is provided at our discretion and free of separate charge. It is not part of the Cashback we owe you under clause 8, and no Cashback is reduced or withheld because you do or do not use a tool.
Access is personal to you, non-transferable and revocable. You may not share, lend, sell or sub-license a tool, give another person the use of your access, publish its source, or attempt to extract or reproduce its logic. Access runs for the period we state when we grant it and continues only while you meet the published conditions. It ends when that period expires, when you no longer meet the conditions, and when your member account is suspended or closed under clause 12.
To grant access to a tool distributed through TradingView we use the TradingView username you give us, and we add it to the access list of that script. You are responsible for the username you give us; if you give us one that is not yours, the access granted to it is granted at your risk. Your use of TradingView is governed by TradingView's own terms and privacy policy.
A tool describes what has happened in the market. It is not investment advice, not a recommendation and not a promise of any result, as set out in clause 3. Decisions to trade are yours alone. We do not warrant that a tool is free of error, that it will produce any particular outcome, or that it will remain available.
24. Contact
Questions about these Terms: support@tokubaku.com, or the contact form on the Site.