Article 1 Scope of Application
1. The Terms shall define the rights and obligations of the Company and the Registered Users (as defined in Article 2), and shall apply to any relationship between the Company and the R egistered Users with respect to the use of the Service (as defined in Article 2).
2. The rules and regulations concerning the Service which may be posted by the Company on the Website (as defined in Article 2) from time to time shall constitute part of the Terms.
Article 2 Definitions
For the purposes of the Terms, the following terms shall have the meanings ascribed to them as follows:
- “Intellectual Property Rights" means copyrights, patents, utility model rights, trademark rights, all rights to data (including transaction price data retrievable via APIs), documents, databases, websites, graphics, software, applications, programs, and code (including but not limited to chat posts, the contents of Company emails, etc.), which have been developed or provided by the Company or an affiliate of the Company, as well as any other intellectual property rights includi ng, without limitation, the rights to acquire these rights or to file an application for the registrati on of any of such rights.
- “Website” means the website on the Internet operated by the Company with the domain of exchange.crypto-mall.org, irrespective of device, including, without limitation, the new website in cases where the domain or contents of the Website are changed.
- “Applicant” means the “Applicant” defined in Article 3.
- “Registration Information” means the “Registration Information” defined in Article 3.
- “Registered User” means an individual or a corporation who is registered as a user of the Service in accordance with the provisions of Article 3.
- “Service” means the service of the sale or purchase of Crypto Assets on the services name d “Bitcoin Market” and “Altcoin Market” (hereinafter collectively referred to as the “Market”), the service which provides a place where Registered Users may exchange Crypto Assets with eac h other named “cryptomall exchange Lightning” (including “Easy Exchange” the same shall appl y hereinafter) and other related services provided by the Company including, without limitation, the new service in cases where the name or contents of the Service are changed.
- “Service Agreement” means the agreement to be executed between the Company and the Registered User pursuant to Article 3.3 with respect to the use of the Service under the provis ions of the Terms.
- “Crypto Asset” and “Crypto Assets” means Crypto Assets handled by the Company.
An “insider” is defined as meeting any of the following criteria.
- (1) Issuer or manager of a Crypto Asset handled by cryptomall exchange
- (2) A company affiliated with a person described in 1
- (3) A major shareholder of those described in 1 and/or 2
- (4) An executive of those described in 1 and/or 2
- (5) Person who qualified for 4 within the last 1 year
- (6) Spouse of or someone living in the same home as a person described in 4
- (7) Executive or employee of 1 and/or 2
- (8) Major shareholders, executives, or employees of a Crypto Assets operator
- “Crypto Asset Related Information” is defined as information on Crypto Assets currently han dled, or newly handled, by the Company (includes Crypto Asset indices), non-public companies and other Crypto Asset exchange operators (foreign or domestic, registered or unregistered), as well as the important information held by those defined as insiders in the previous clause, whi ch could exert a considerable influence on the judgement (type, volume, and price of the Crypt o Asset being traded, purchased, or sold, method and/or time of trading, as well as judgement on the details or timing of margin trading) of the Company’s users trading of the corresponding Crypto Asset.
Article 3 Registration
1. Any person who desires to use the Service (hereinafter referred to as the “Applicant”) may apply to the Company for registration as a user of the Service by agreeing to abide by the Terms and providing the Company with the information required by the Company (hereinafter referred to as the “Registration Information”) in a manner specified by the Company.
2. The Applicant represents and warrants that he/she was not in the past, is not in the presen t, and will not in the future be any of the following:
- (1) Anti-social forces (hereafter defined as criminal organizations, criminal organization mem bers, semi-criminal organization members, companies related to criminal organizations, corporate extortionists, political racketeers, organized crime syndicates, and/or other similar entities)
- (2) Involved in anti-social forces in any manner including, but not limited to, cooperation or engagement in the maintenance, operation, and/or management of anti-social forces through funding or any other method.
3. The acceptance or rejection of applications for the registration will be determined by the Co mpany in accordance with the criteria established by the Company. The registration of an Appli cant as a Registered User shall be deemed to have been completed when the Company issue s to the Applicant a notice stating that the application has been accepted. The Company is no t obligated to disclose details regarding the application review process, even in the event that t he Applicant was rejected. Furthermore, regardless of acceptance or rejection of registration, th e Company is under no obligation to return documents, etc. received from the Applicant.
4. The completion of the registration under Article 3.3 constitutes the execution of the Service Agreement between the Registered User and the Company with respect to the use of the Serv ice in accordance with the provisions of the Terms, whereby the Registered User shall be entitl ed to use the Service in such a manner as specified by the Company from the date of the co mpletion of the registration.
5. The Company may reject the Applicant's registration if:
- (1) Registration Information submitted to the Company contains, in whole or part, false or e rroneous statements or omissions;
- (2) the Applicant is a minor, an adult ward, a person under curatorship or a person under assistance, and has not obtained the necessary consent of his/her respective legal represent ative, guardian, curator or assistant;
- (3) the Company determines that the Applicant is or was in the past 5 years a member of anti-social forces , or the Company determines that the Applicant is or was in the past 5 year s associated with or involved in anti-social forces in any manner such as cooperating or engag ing in maintenance, operation, management of anti-social forces through funding or any other method;
- (4) the Company determines that the Applicant is committing or has committed any of the acts entailed in Articles 8 or 12;
- (5) the Applicant resides in a country or region where the Service is not being provided, or in the event that the Applicant meets certain conditions outlined at the Company's discretion;
- (6) the Company otherwise determines that the registration would be inappropriate.
Article 4 Changes in Registration Information
1. In the event of any change in the Registration Information, the Registered User shall prompt ly notify the Company of such change in accordance with the procedure specified by the Com pany and submit to the Company the required information.
2. The Registered User shall, without fail, notify the Company in writing if he/she is or become s a PEP (politically exposed person) or relative of a PEP.
3. The Company is not responsible for damages incurred by the Registered User in the event that the Registered User neglects or delays reporting the changes detailed in Article 4.1 and A rticle 4.2.
Article 5 Management of Password and User ID
1. The Registered User shall be fully responsible for the settings, security and safekeeping of his/her password (hereafter defined as including but not limited to login password, API secret, private keys, authentication codes, PINs, etc.) and user ID (hereafter including but not limited to his/her login ID, account ID, API key, etc.) and the Registered User shall not cause or permitany third party to use the password or user ID nor shall he/she loan, assign, or cause to be owned in the name of another person or to be sold or purchase the password or user ID or otherwise cause the password or user ID to be an object of any activity similar to the foregoing.
2. Use of the Service by a third party with the Registered User's password and user ID is dee med as use of the Service by the Registered User. The Registered User is responsible for da mages incurred in the event that the Registered User’s password or user ID are mismanaged, wrongfully or improperly used, leaked, used by a third party, stolen, etc. (regardless of whether the Registered User himself/herself entered the information, the Company confirms that the pas sword and user ID match for use of the Service (for example, if the Registered User’s email w as hacked and the same User ID and Password are used for other services)); the Company is not responsible. Excludes cases where the Company makes a specific exception.
3. In cases where the password or user ID are found to be stolen or used by a third party, th e Registered User shall immediately notify the Company to that effect and follow the instruction s provided by the Company.
Article 6 Fees and Payment Methods
1. When using the Service, the Registered User shall pay fees and other service charges sepa rately determined by the Company.
2. In the event that the Registered User fails to pay the required fees, the Registered User sh all pay to the Company certain amount of unpaid fees as default interest.
3. Registered Users who do not reside in Japan may be charged an additional fee separately, specified by the Company.
4. If the Registered User does not pay the necessary payment or fees by the due date specifi ed by the Company and the obligation of the Registered User to the Company remains, the C ompany shall be able to offset the obligation or any claim the Registered User has to the Co mpany or any other claim without prior notice, regardless of the deadline of the claim. In doing so, the Company may, at any time and without prior notice, cancel payout of the Registered User's money or Crypto Asset, cancel orders, dispose of holding assets, settle the open interes t by countertrading, exchange currency at the Company's arbitrary rate, etc. as judged necessa ry by the Company. The Company is not responsible for any losses, etc. caused by offsetting and/or this process.
5. In the event of an offset as described in the preceding clause, the Company shall decide, a t the Company’s own discretion, the credit liability interest, calculation of the penalty, period an d date of executing the offset, interest rate, tariffs, and foreign currency or Crypto Asset excha nge rates. In the event that the Registered User’s offset is unable to fulfill all obligations, the Company may allocate the available offset as the Company deems appropriate.
Article 7 Use of the Service
1. During the period of valid registration as a Registered User, the Registered User shall have the right to use the Service in such a manner as directed by the Company in accordance with , and within the scope of, the Terms. Upon use of this Service, the Registered User confirms t hat he/she has carefully read and reviewed the terms and conditions of the Terms as well as t he written explanations and information regarding risks provided on the Company's website, an d the Applicant confirms that he/she understands the contents (including the purchase/sale of Crypto Assets), the workings, and the risks related to using this Service.
2. The Registered User shall, as his/her own cost and responsibility, prepare and maintain com puters, software and other devices, and telecommunication lines and other communication envir onments which are necessary to use the Service.
3. The Registered User shall, as his/her own cost and responsibility, prepare and maintain sec urity systems suitable for the Registered User’s environment for use of the Service to avoid co mputer virus attacks, unauthorized access, information leakage, etc.
4. The following are the terms and conditions applied to purchases and sales on cryptomall ex change Lightning.
- (1) cryptomall exchange Lightning provides a place where a Registered User who intends t o sell Crypto Assets (hereinafter referred to as the “Seller”) may meet a Registered User who intends to buy Crypto Assets (hereinafter referred to as the “Buyer”). However, there may be o ccasions in which a Registered User is matched with the Company for the sale or purchase of Crypto Assets. The Company does not guarantee the completion of any attempted sale or pur chase of Crypto Assets.
- (2) The Seller and the Buyer may place the order of sales of Crypto Assets in such a man ner as directed by the Company. The price of the purchase and sale shall be determined to b e the price agreed between the Seller and the Buyer, and the Company shall not be responsib le for the agreed price.
- (3) The sales agreement of Crypto Assets between the Seller and the Buyer shall be deem ed to be entered into when the price is agreed between both parties. The Registered User sh all agree in advance to be bound by the terms and conditions as of the effective time of the s ales agreement, and not to cancel thereafter.
- (4) Self-trades (when a Registered User executes both his/her own buy and sell orders) s hall be voided, and the corresponding orders will be invalidated to the amount of the voided e xecution.
5. The followings are the terms and conditions applied to sales in the Market:
- (1) Registered Users may place an order of sale or purchase of Crypto Assets in such a manner as directed by the Company. The price of the sale or purchase of Crypto Assets shall be determined in such a manner as set forth by the Company, and the Registered User shall make no claim against such price. The Company does not guarantee the completion of any att empted sale or purchase of Crypto Assets.
- (2) The sales agreement of Crypto Assets between the Registered User and the Company shall be deemed to be entered into when the price is determined pursuant to the preceding pa ragraph. The Registered User shall agree in advance to be bound by the terms and conditions as of the effective time of the sales agreement, and not to cancel thereafter.
6. The usage conditions concerning the deposit of money or Crypto Assets and the withdrawal of money or Crypto Assets from Registered Users' accounts are as follows:
- (1) The Registered User shall be entitled to deposit money or Crypto Assets into his/her ac count in a manner prescribed by the Company for the purpose of using the Service. Money or Crypto Assets will be considered deposited only after the Company has confirmed its receipt, not upon completion of transfer or other procedures taken by the Registered User. In addition, the Registered User is responsible for any transfers and/or deposits of legal currencies, Crypto Assets, tokens and/or other formats not supported by the Company ("Unsupported Currency"), and deposits of Crypto Assets made to an address that differs from the one allocated by the Company without prior consent from the Company. In the event that an Unsupported Currency is sent to the Registered User's account or a Crypto Asset is deposited to an address that diff ers from the one allocated by the Company, the Company does not bear the responsibility to make a return to the Registered User, and, in the event of a return, the Company may collect handling fees. The withdrawal, depositing, and returning of Unsupported Currency or depositing Crypto Assets to an address that differs from the one allocated by the Company carries the ris k of loss of assets. The Company is not responsible for damages incurred by Registered User s due to the above.
- (2) In response to the Registered User's request, the Company shall withdraw money from the Registered User's account or withdraw Crypto Assets according to the method prescribed b y the Company. The Registered User designates a withdrawal destination at his/her own risk, a nd when the Company withdraws money or Crypto Assets in accordance with the instructions of the Registered User, the Company is not responsible for the money or Crypto Assets and is not responsible for the accuracy and validity of the destination information provided by the Re gistered User.
- (3) Regardless of the previous item, in the event of theft of the Company’s assets or asset s under the custody of the Company by hacking or other methods, should the Company deter mine that the specific Crypto Asset is difficult to restore, the Company may, by means of the Company’s choosing, restore a converted amount of money or other Crypto Asset.
- (4) Even when the Company has performed the sending or receiving of Crypto Assets for t he Registered User's account pursuant to the previous items, in the event that the Registered User’s sending or receiving of Crypto Assets transaction is canceled on the corresponding bloc kchain, the Company may cancel the same transaction for the Registered User’s account.
- (5) In the event of a chain split by a hard fork, etc., other change in the structure of a Crypto Asset, or airdrop, etc., the Company may form or not form measures at the Company’s discretion. The Company is not obligated to credit the newly created Crypto Asset to Registered Users, and if the Company does credit the Registered Users, the Company may charge proces sing expenses to the Registered Users.
- (6) The Company is not responsible in the event that a R egistered User or a third party incurs losses or damages as a result of the defects, alteration, or lack of measures or changes in the measures taken by the Company.
- (7) The Company may, upon obtaining an agreement (includes comprehensive agreements), borr ow Crypto Assets from the Registered Users without collateral.
- (8) The Company may, in order to improve convenience and service quality, implement experim ental measures to the Service, and the Registered Users agree to cooperate to a reasonable extent.
Article 8 Prohibited Activities
1. The Registered User shall be prohibited from engaging in any of the following activities with respect to the use of the Service:
- (1) to perform any act which would infringe any Intellectual Property Rights or portrait rights of the Company, other users of the Service or other third parties (including any act which rais es such infringement directly or indirectly);
- (2) to take part in the unauthorized commercial use or reproduction of any and all intellectu al property, copyrights, names and likenesses that the Company holds the rights to;
- (3) to perform any act which would infringe any privacy rights, credits, or other rights or in terests of the Company, affiliated companies, others related to the Company, other users of the Service or other third parties (including any act which raises such infringement directly or indir ectly);
- (4) to conduct criminal acts including, but not limited to, fraudulent activity, establishing or soliciting for pyramid schemes, etc., purchases and/or sales of illegal goods and/or services, tra nsferring profits gained from illegal acts or using the Service to perform these acts.
- (5) to perform an act associated with a criminal act, or an act against public order and good morals;
- (6) to transmit information related to relations between people;
- (7) to advertise to or solicit other Registered Users and/or other third parties (except where permitted by the Company)
- (8) to perform any act which violates any law or regulation, or the internal rules of an entit y of which the Company or the Registered User is a member;
- (9) to engage in or attempt the duplicate assignment of Crypto Assets;
- (10) to transmit information containing computer viruses or other harmful computer programs or to destroy or obstruct the system, server, network, or other functions managed by the Com pany, or to perform any act that places an unnecessarily excessive burden on any of the afore mentioned items;
- (11) to exploit errors, bugs, security loopholes, or other defects found in any of the systems ,servers, or networks related to the Service or managed by the Company;
- (12) to modify information which can be used for the purpose of the Service;
- (13) to transmit through the Service data the volume of which is larger than the size of dat a specified by the Company;
- (14) to use API or other programs not offered by the Company to use the Service outside of the intentions of the Company’s system design, or have an influence on other systems of th e Company or other Registered Users;
- (15) to perform any act which is likely to interfere with the operation of the Service by the Company;
- (16) to deliberately steal the assets of Registered Users, the Company, or affiliated compani es, through replay attacks, etc.;
- (17) to disseminate rumors or non-factual information, or to commit an act of fraud, extortio n or blackmail, that may defame the reputation of the Company;
- (18) to create multiple accounts by the same person;
- (19) to engage in the sharing of an account with multiple persons, or to permit a third part y other than the Registered User to use the account;
- (20) to open or attempt to open an account using a false name, another person’s name, or any name other than one’s own real name, trade under such circumstances, or provide partial ly or wholly false information as the account’s registered information;
- (21) to provide services (including, but not limited to, the purchases, sales, trades, transfers or payments of Crypto Assets and the distribution of price information) that are the same or s imilar to the Service to third parties based on information, etc. obtained through use of the Ser vice or other users of the Service (including, but not limited to, acting as an agent to perform trades for third parties and/or using the Service to trade for third parties); to use such informati on, etc. obtained through the Service for commercial purposes such as providing services, goo ds, etc. to third parties (including using the Service to receive Crypto Assets as payment for s ale or issuance of Crypto Assets or tokens that are sold or issued by the Registered User or a third party, from an unspecified large number of third parties); and/or to allow subsidiaries o r other third parties to engage in any of the aforementioned acts; except for cases in which pri or written consent has been received from the Company for the situations in this item;
- (22) to have a third party make monetary deposits into the Registered User’s account, or m ake monetary withdrawals from the Registered User’s account to a third party’s account (except where specifically permitted by the Company in advance)
- (23) to make deposits and withdrawals seemingly unrelated to the use of the Service, repe ated orders in a short period, repetitively sending Crypto Assets to the same receiver within a short period, etc., or usage of the Service that the Company deems to be inappropriate or suspicious.
(24) to perform any of the following actions with the intent of
altering the prices of Crypto Assets or Crypto Asset trades
(includes Crypto Asset indices):
- Disseminating facts with no logical basis in which the disseminator does not does n ot have direct experience or recognition to an unspecified large number of people
- Using means to mislead other people into fraudulent acts; unnecessarily using spee ch or actions that agitate a passion for speculation in other people
- Using assault or intimidation
(25) to perform any of the following acts with the intent of
artificially manipulating, or causin g fluctuations in, the price of
- Purposely misleading other people into transferring their rights over Crypto Asset rel ated trading; disguising trades that are not performed with the intent of exchanging money
- Colluding with a third party with the intent of misleading other people on Crypto As set related trades
- Performing actual Crypto Asset trades with the intention of misleading other people into seeing trading the corresponding Crypto Asset as prosperous for the purpose of enticing o ther people into Crypto Asset trades
- Intentional market manipulation performed by oneself or with another party with the intent of causing the indicated price of the Crypto Asset to fluctuate, or intentionally disseminati ng information on important items that is fraudulent or promotes a misunderstanding in order to entice other people into Crypto Asset related trades
- All acts detailed in Article 185, Clause 22, Subclause 1, Article 185, Clause 23, Su bclause 1, Article 185, Clause 24, Subclauses 1 and 2 of the Financial Instruments and Excha nge Act
- (26) to perform Crypto Asset related trades using information on Crypto Assets gained by o ne’s status as an insider
- (27) to perform any other acts determined by the Company to be inappropriate.
2. In cases where the Company determines that any act of the Registered User falls or is likel y to fall under any of the items of Article 8.1, the Company may, at its sole discretion, delete all or part of such information transmitted by the Registered User, suspend or cancel the acco unt of the Registered User or, in addition to the process specified in Article 6.4, confiscate mo ney or Crypto Assets owned by the Registered User without any prior notice to such Registere d User. In such case, the Company shall not be obligated to return any documents, etc., recei ved from the Registered User. The Company is not responsible for any damages incurred by t he Registered User as a result of any action taken by the Company pursuant to Article 8.2.
3. The Company is not responsible for any damages incurred by the Registered User in the e vent that the Registered User performs any of the acts outlined in Article 8.1. In the event that the Registered User performs any of the acts outlined in Article 8.1, any damages incurred by the Company are the responsibility of the Registered User.
Article 9 Discontinuation or Suspension of the Service
1. In the event of any of the following circumstances, the Company shall reserve the right to permanently discontinue or temporarily suspend all or part of the use of the Service for all or some users without prior notice to the Registered User
- (1) When the Company conducts scheduled or unscheduled inspections or maintenance of t he computer systems relating to the Service;
- (2) When a computer or telecommunications network ceases to operate or function as a re sult of an accident;
- (3) When the operation of the Service becomes difficult due to fire, power failure, natural di saster, war, political change, strikes, changes in laws or regulations, etc., sudden changes in th e state of fiat or Crypto Assets or any other cause of force majeure;
- (4) When the Company’s assets or assets under the Company’s custody are stolen by hac king or other methods;
- (5) When troubles occur in the pricing system or any other system necessary for the provis ion of the Service;
- (6) When the Company inspects for unauthorized use, violations of the Terms, etc.;
- (7) When the Company determines that it is necessary to conduct investigations based on l aws or government regulations, internal regulations by industry organizations to which the Com pany or the Registered User belongs, or the Company's internal rules;
- (8) When the Company determines or suspects that any money or Crypto Assets in the Re gistered User's account is related to profits gained through crime;
- (9) When the liquidity of a Crypto Asset significantly declines;
- (10) When the Company decides to cease handling of a Crypto Asset or other related services in whole or in part based on the results of a hard fork that causes a chain split or changes to a Crypto Asset, etc;
- (11) When the Company deems that provision of the Service cannot continue due to chan ges in laws, policy, social conditions, etc.;
- (12) When for, any other reason, the Company determines that the discontinuation or susp ension is necessary
2. The Company may, at its own discretion, terminate the provision of the Service. In this case , the Company shall give prior notice to the Registered User.
3. The Company may terminate the provision of the Service depending on the inventory status of the Crypto Asset of the Company without any prior notice to the Registered User.
4. The Company is not responsible for any damages incurred by the Registered User as a res ult of any action taken by the Company in accordance with this Article.
Article 10 Warning for Downloading, etc.
In cases where at the commencement of or during the use of the Service the Registered User installs software or programs from the Website into his/her computers by way of downloading or other means, the Registered User shall exercise due care in order to prevent the loss or alt eration of the information held by it, or any fault or damage to his/her equipment. The Compa ny shall not be responsible or liable for such loss or damage incurred by the Registered User.
Article 11 Ownership and Intellectual Property Rights
1. All ownership rights and Intellectual Property Rights in and to the Service and the Website shall vest in the Company or its licensors, and the use of the Service permitted through the re gistration under the Terms shall not be construed as granting any license with respect to the Website or the Service under any Intellectual Property Rights held by the Company or its licen sors. The Registered User shall not, for any reason, perform any act which would infringe any Intellectual Property Rights of the Company or its licensors, including, without limitation, disasse mbling, decompiling, or reverse engineering.
2. The Registered Users shall grant to the Company the non-exclusive, sublicensable and royal ty-free license to copy, reproduce, modify or otherwise use in all forms the texts, graphics, vide os and other data uploaded or transmitted in the Website or the Service by the Registered User.
Article 12 Account Cancellation
The Company may temporarily suspend the use of the Service by the Registered User or c ancel the registration of the Registered User without any prior notice if:
- (1) the Registered User violates any provision of the Terms or the Company determines that there is such a risk;
- (2) the Registration Information is found to contain false information;
- (3) the Registered User uses or attempts to use the Service for such purposes or in such a manner as would cause damage to the Company, other Registered Users or other third parti es, or the Company determines that there is such a possibility based on inquiries, reports or s tatements, etc. from public agencies, self-regulatory organizations, and/or other third parties;
- (4) the Registered User interferes with the operation of the Service by any means;
- (5) payment by the Registered User is suspended, or the Registered User becomes insolve nt, or an application for a proceeding for bankruptcy, civil rehabilitation, corporate reorganization special liquidation, or other similar proceedings is instituted with respect to the Registered User;
- (6) the Registered User is penalized for dishonoring a check or promissory note, whether self-issued or underwritten, or if the Registered User faces a suspension of transactions and/or other equivalent penalty at a clearing house;
- (7) a petition is filed against the Registered User for seizure, provisional seizure, temporary injunction, judicial enforcement or a forced auction;
- (8) necessary payments, fees, etc. are not paid by the date specified by the Company;
- (9) the Registered User becomes subject to the procedures for tax delinquency;
- (10) the Registered User dies or is subject to an order for the commencement of guardians hip, curatorship, or assistance;
- (11) the Registered User has not used the Service for a period of three (3) months or mor e, and has not responded to any communication from the Company;
- (12) the Registered User does not respond to any inquiries (unless an appropriate reason c an be given) from the Company regarding Registered Information or use of the Service;
- (13) the Registered User falls under any of items of Article 3.5 or the Company determines that there is a risk that the Registered Users falls under them;
- (14) the Registered User communicates with the Company or the Company’s employees thr ough means of telephone, fax, email, messenger or other communication tools in an overbearin g manner, or uses direct violence, excessive slander, threats, or other conduct commonly held as inappropriate;
- (15) the Company is required or requested to do so by public agencies, self-regulatory org anizations, etc.;
- (16) the Company determines for any reason that the continuation of the registration of the Registered User would be inappropriate.
2. In cases where the Registered User falls under any of items of Article 12.1, any and all mo netary debt of the Registered User to the Company shall become forthwith due and payable, a nd the Registered User shall immediately pay such monetary debt.
3. The Company shall not be responsible or liable for any damage incurred by the Registered User as a result of any action taken by the Company in accordance with the provisions of this Article.
4. The Registered User may cancel his/her registration as a Registered User by notifying the Company in accordance with the procedures specified by the Company.
5. For account cancelation due to any reason in Article 12.1 or account cancelation due to oth er reasons, the Company is not required to contact the Registered User in advance, the Comp any is not required to obtain permission from the Registered User, on the Registered User’s b ehalf and the Company’s discretionary timing, the Company may perform a disposal by sale or other method to sell off the Registered User’s Crypto Asset balance, partially or in entirety, an d any remaining positions with margin deposits may be settled by a counter-sale if possible. T he Registered User is responsible for any expenses incurred in this process.
6. When canceling the Registered User’s account, if the Registered User has insufficient funds or other liabilities, the Registered User must pay immediately. If the Registered User’s bank ac count is registered and approved, and the amount in the Registered User’s account has a bala nce that exceeds the withdrawal fees, the amount of money will be withdrawn from the Regist ered User’s registered bank account less the corresponding withdrawal fees.
7. Regardless of Article 12.5 and 12.6, if the money, Crypto Assets, etc., held by the Register ed User is used for transferring profits gained through criminal activity, related to criminal actio ns, or under suspicion of connection to criminal activity, the Company will not return the corres ponding Registered User’s money, Crypto Assets, etc., and confiscation or other necessary me asures pursuant to Article 8.2 shall be enforced.
Article 13 Disclaimer and Limitation of Liability
1. The Company makes no warranty and does not assume any liability, including, without limita tion, warranty against defects with respect to the sale or purchase of Crypto Assets, other relat ed services, or the value, function, stability, availability and usage of Crypto Assets. Except as expressly provided for in the Terms, the Company makes no other warranties to the Registered User even in cases where the Registered User has acquired from the Company, directly or in directly, any information concerning the Service or other Registered Users.
2. The Company provides the service of the sale of Crypto Assets, and the service which prov ides a place where Registered Users may exchange Crypto Assets with each other, and the C ompany is not obliged to establish sales agreements. Therefore, the Company is not responsibl e for any damages incurred by the Registered User resulting from failure of establishment of a sales agreement or invalidity, rescission, cancellation or any other event which interrupts estab lishment or validity of the sales agreement between the Registered Users. The Company is not responsible if, as a result of an input error and/or other such actions by the Registered User; the breakdown or failure of transmission and/or system equipment of the Registered User, the Company, or a third party; a system error or other issues in operational status; a natural disast er; a cyberattack; or any other cause, the Company suspends or restricts all or part of the Ser vice, the Registered User's orders becomes invalid, an unintentional execution results or no ex ecution is made, execution of the Registered User's order is delayed, or an unintentional order is executed. The Registered User assumes responsibility when using the Service and the Com pany's website.
3. The Registered User shall investigate at his/her own expense and responsibility to determine whether or not his/her use of the Service will violate any law or regulation applicable to the Registered User or the internal rules of the entity of which the Registered User is a member, and the Company makes no warranty that the use of the Service by the Registered User will comply with the laws and regulations applicable to the Registered User and the internal rules of the entity of which the Registered User is a member.
4. The Registered User shall, with his/her full responsibility, treat and resolve all transactions, c ommunications, disputes, etc. in connection with the Service or the Website which arise betwee n the Registered User and other Registered Users or other third parties, and the Company is not responsible for these actions.
5. The Registered User is deemed to have consented that a transaction may not complete as intended due to the type of order, market conditions, or other factors. The Company waives all liability for damages sustained by a Registered User or any third party through the results of a transaction.
6. The Company is not responsible for any damages incurred due to the suspension, discontin uation, unavailability or modification of the Service caused by the Company, deletion or loss of any message or information from the Registered User, cancellation of the registration of the Re gistered User, loss of data or failure of or damage to equipment through the use of the Servic e, or any other damage incurred by the Registered User in connection with the Service.
7. Even if the Website contains links to and from other websites on the Internet, the Company is not responsible for any websites other than the Website or any information obtained therefrom.
8. The Company shall be able to arbitrarily carry out regulations or restrictions on transactions in the interest of laws, cabinet orders, regulations, ordinances, government directives, official no tices, bylaws, guidelines or other rules (collectively, the “Law”), security, or to prevent/investigat e irregular/illegal transactions, etc., and the Company is not responsible for any losses or dam ages caused directly or indirectly by doing so.
9. If the Company rationally decides for any reason, such as system anomaly, that the display ed price is an error or abnormal value (for example, it significantly diverges from prevailing ma rket prices or is based on unfair price formation) the offer price can be invalidated and the Re gistered User's agreement based on the displayed price can be cancelled. The Company is not responsible for any directly or indirectly resulting loss or damages.
10. The Company shall not be responsible or liable for any damage incurred by the Registered User caused by future amendments of the Law or future amendments of applicable taxation systems including the same for consumption tax.
11. If future amendments of the Law regarding Crypto Assets or applicable taxation systems in cluding the same for consumption tax has a retroactive effect, the Company shall not be respo nsible for any damages incurred by the Registered User caused by any such retroactive effect.
Article 14 Resolution of Disputes and Indemnity
1. The Registered User shall indemnify and hold harmless the Company from and against any damage incurred by the Company as a result of any breach by the Registered User of any pr ovision of the Terms or resulting in connection with the use by the Registered User of the Service.
2. The Company is not responsible for damages incurred by the Registered User in connection with the Service.
3. The exemptions to responsibility of the Company for damages including Article 14.2 shall be effective only to the extent permitted by the Consumer Contract Act and other applicable laws and ordinances. Additionally, in the event that the Company can not be exempt from responsibility for damages under the Consumer Contract Law or other applicable laws and ordinances, unless there was willful or gross negligence on the Company’s part, the Company is only resp onsible for an amount equal to the total amount of the actual fees incurred in using the Servic e during one month before the cause of the damage has occurred.
Article 15 Confidentiality
1. For the purposes of the Terms, “Confidential Information” means any and all information rela ted to technology, business, operation, finance, organization, etc. of the Company which may b e provided or disclosed by the Company to, or come to the knowledge of, the Registered User in connection with the Terms or the Service in writing, orally or in storage media, etc., but ex cluding information
- (1) which is generally available to the public or known to the Registered Us er at the time when the information is provided or disclosed by the Company to or comes to t he knowledge of the Registered User;
- (2) which becomes publicly known through publication or otherwise without fault of the Registered User after the information is provided or disclosed by the Company to or comes to the knowledge of the Registered User;
- (3) which the Registered User has lawfully acquired without any obligation of confidentiality from a third party authorized to provide or disclose the information;
- (4) which the Registered User has developed independe ntly of the Confidential Information
- (5) which is confirmed by the Company in writing to be excluded from the obligation of confidentiality.
2. The Registered User shall use the Confidential Information of the Company solely for the purpose of using the Service hereunder, and shall not provide, disclose or divulge the Confidentia l Information of the Company to any third party without the Company’s prior written consent.
3. Notwithstanding the provision of Article 15.2, the Registered User may disclose the Confiden tial Information of the Company when such disclosure is required by law or by an order, requir ement or request of a court or governmental authority; provided, however, that such order, requirement or request shall be promptly notified to the Company by the Registered User.
4. At any time upon request of the Company, the Registered User shall promptly return to the Company or destroy the Confidential Information of the Company and the documents or other storage media containing or including the Confidential Information along with all reproductions t hereof in accordance with the instructions of the Company.
Article 16 Effective Term
The Service Agreement shall become effective on the date of the completion of the registration pursuant to Article 3 in respect of the Registered User, and remain in force and effect betwee n the Company and the Registered User until the termination of the registration during the pro vision of the Service.
Article 17 Amendment and Changes to Terms, etc.
1. The Company reserves the right to make amendments or changes to the contents of the S ervice without restriction.
2. The Company reserves the right to make amendments or changes to the Terms (including, without limitation, the rules and regulations concerning the Service which may be posted on th e Website; the same shall apply hereinafter in this Article). In the event of any amendment or change to the Terms, the Company shall notify the Registered User of the Terms being amended and/or changed, the details of the amendments and/or changes to the Terms, a before and after comparison of the amendments and/or changes, and the date of enactment for the amen dments and/or changes. If the Registered User uses the Service, or fails to take steps to canc el the registration within the time specified by the Company after the notice set forth above, th e Registered User shall be deemed to have agreed to such amendments and changes made t o the Terms.
Article 18 Notice
1.Any inquiries with respect to the Service or other communications or notices from the Regist ered Users to the Company, or the notices concerning any amendment to the Terms or other communications or notices from the Company to the Registered User shall be made in accord ance with the procedures specified by the Company.
2. Pursuant to Article 18.1, when the Company sends reports to customers by email or publica tion on the Website, the report is effective as of the time that the email was sent and/or publi shed on the Website. When the Company sends a notification by mail to the customer’s home address or office, the notification is effective at the time that the mail was sent.
3. In the event that any notices do not reach the customer or arrive late due to a change in t he customer’s address, absence, or any reason that can not be attributed to the Company, the notices will be considered to have arrived at the originally anticipated time.
4. Cancellation of Registered Users shall be made in accordance with the Terms.
Article 19 Assignment of Terms
1. The Registered User shall not assign, transfer, grant security interests on or otherwise dispo se of his/her status under the Service Agreement or rights or obligations under the Terms with out the prior written consent of the Company.
2. In cases where the Company has assigned business regarding the Service to a third party, the Company may, as part of such assignment of business, assign to the third-party assignee all or part of its status under the Service Agreement, its rights and obligations under the Term s, and the Registration Information and other information relating to the Registered User, and t he Registered User hereby agrees to such assignment in advance. For the purposes of this Ar ticle, the assignment of business referred to above shall include, in addition to the usual form of assignment of business, split of the Company or any other form of restructuring of the Com pany which would result in a transfer of the business.
Article 20 Severability
If any provision of the Terms or part thereof is held to be invalid or unenforceable under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect, and the Company and the Registered User shall endeavor to agree to an amendment thereof to the extent necessary to make such invalid or unenforcea ble provision or part thereof legally operative in order to achieve the same purpose and same legal and economic effect as originally contemplated by such invalid or unenforceable provision or part thereof.
Article 21 Survival of Provisions
The provisions of Articles 5.2, 6 (to the extent that the Fee is unpaid), 8.2, 9.4, 10, 11, 12.2, 12.3, 5 through 7, 13 through 15, and 19 through 22 shall survive the expiration or termination of the Terms and remain in full force and effect; provide, however, that Article 15 shall surviv e only for three (3) years from the expiration or termination of the Terms.
Article 22 Governing Law and Jurisdiction
The Terms shall be governed by the laws of Japan. Any and all disputes arising out of or in c onnection with the Terms shall be submitted to the exclusive jurisdiction of the Tokyo District C ourt in the first instance.
Article 23 Resolution Through Discussion
Any matters not provided for in the Terms or those giving rise to any doubts with respect to th e interpretation of the Terms shall be promptly resolved through good faith discussions between the Company and the Registered User.