The website’s Terms of Agreement of “btcbox.co.jp” (“this Agreement”) applies to BtcBox Co., Ltd. (“the company”) exchange website “btcbox.co.jp” (“this website”) that provides cryptocurrency exchange, cryptocurrency OTC (Service name: Easy Trade), and other services offered at our company. This clause stipulates the users of the service (refers to the person who opens an account under Article 3 in order to use the Service, and is hereinafter referred to as “the customer”) and the rights and obligations between the company and the customer.
- Article 1 (Scope of Application)
- Article 2 (About Customers)
- Article 3 (Account opening or Change of Personal information)
- Article 4 (Deposit and refund of money and cryptocurrency)
- Article 5 (Definitions Related to Transactions)
- Article 6 (About the Cryptocurrency Transaction Process)
- Article 7 (About Fees)
- Article 8 (Procedures of Funds and Withdrawals, and of Cryptocurrency Deposits )
- Article 9 (About Bitcoin Loan)
- Article 10 (Transaction Content Inquiries)
- Article 11 (Passwords Management)
- Article 12 (Processing of personal information)
- Article 13 ( Provision of Receipt Information)
- Article 14 (Regulation of anti-social activities)
- Article 15 (About Cryptocurrency)
- Article 16 (Risk of Cryptocurrency Trading)
- Article 17 (About Liability)
- Article 18 (Confidentiality)
- Article 19 (Equipment for use)
- Article 20 (Copyright, property rights and other rights)
- Article 21 (Termination of Service)
- Article 22 (Stop of Service Notification)
- Article 23 (How to Contact customers)
- Article 24 (Link to other websites)
- Article 25 (Prohibited Acts)
- Article 26 (Stop of this service and Freezing of Assets)
- Article 27 (Change and stop of this treaty)
- Article 28 ( Termination of contract etc.）
- Article 29 (AML/CFT Cooperation and support)
- Article 30 (Prohibition of transfer, pawn, etc.）
- Article 31 (Governing Law, Jurisdiction)
- Article 32 (About inquiries)
Article 1 (Scope of Application)
- The purpose of this article is to clarify the rights and obligations of the company and its customers in the process of using the service and apply to the company’s ownership relationship with customers in the process of using this service.
- The Company has additional terms on the use of certain services on this website (“additional terms”). If the additional terms exist differently from the provisions of this article, the additional terms are applied preferentially. However, this provision is not subjected to the above limitation in the case of special priority over the additional clause.
- The customer is fully aware of the content of these terms and uses the service after agreeing to the terms of the following Articles.
Article 2 (About Customers)
- For minor users who would like to use this service, a parent or guardian need to issue a consent form and provide proof of identity.
- In case of minor users, even if without a legal representative, found guilty of giving false consent of a legal representative or providing false information about age, and act of convincing other of false capability by displaying adopting fraud action, legal action taken in regards to our service cannot be undone.
- When minor users become of legal age during the use of our service, the user will be deemed to be approved of all legal actions upon continuing their use of our service.
- In case of countries and regions of non-cooperative jurisdictions concerning laundering money and financing of terrorism, or residents of the United States, and other cases where the Company deems the provision of its service as improper, this service cannot be used.
- You will not be able to use this service if the law of your place of residence does not allow opening of a bank account in Japan.
Article 3 (Account opening or Change of Personal information)
- The person who wishes to use the service (“the customer”) is to provide the company with the information required by the company on the basis of agreeing to the terms, and thus apply for opening an account to use the service (“user account”).
- In accordance with the Company’s established standards and procedures (including law related verification process when conducting transactions), the Company will decide whether to approve the applicant’s application for opening an account. If the Company grants the application for opening an account, a notice will be issued to the applicant. This will indicate the confirmation of a successful application, and the applicant will become a customer.
- Including cases of corresponding to the following items listed, depending on the registration information; or if required for transaction confirmation procedure; or if the Company deems any other aspects necessary, the Company shall require resubmission of additional documents from the applicant or the customer.
- The customer deposits cryptocurrency and money to his account in order to use the service. However, if the Company judges the cryptocurrency or cash in the customers respective account may be related to actions of crime, the Company can freeze this account without the consent of the customer.
- Customers shall notify the Company of any change in registered information through the method prescribed by the Company without delay, and submit the materials requested by the Company.
- In case of submitting any documents to the Company, if any of the following items are correlated, re-submission of revised documents will be necessary.
- (1)in case of confirmation content is unclear
- (2)in case of Personal identification documents have expiry, but the expiry date has exceeded.
- (3)in case of Personal identification documents have no expiry, but the Company deems the documents to be invalid.
- (4)in case of the Company deems it necessary, we might request for other Personal identification documents other than the documents submitted.
- Please inform the company invariably in case of registered customers who are Politically Exposed Persons, or are relatives of Politically Exposed Persons.
- The Company will not take any responsibilities in regards to any damage or disadvantage caused due to change of the customers personal information in case of the customer has not responded to notifications or document submissions as requested by the company.
- When the customer is using this Service, the Company will conduct transaction confirmation procedure related to law and regulations. In case of the customer is not corresponding to the confirmation procedure, the customer will be deemed as not applicable by the Company and shall not be able to use all or part of this Service. The customer shall not be able to object to this.
Article 4 (Deposit and refund of money and cryptocurrency)
- The customer deposits funds into the account and transfers cryptocurrency in the manner prescribed by the company. The completion of the transfer or other procedure by the customer does not mean that deposition of cryptocurrency into the account is completed. The transaction is not completed until the company confirms receipt of the payment or confirms that the cryptocurrency has been sent.
- The Company will refund the money and the cryptocurrency to the account according to the customer’s request. The customer shall specify the transfer account (only to an account with the same name ) or specify the transaction address of the cryptocurrency. When the Company returns money or transfers cryptocurrency in accordance with the customer’s instructions, we will not assume any responsibility in connection with these transactions.
- The deposits of cryptocurrency and the upper limit of refunds are determined separately by the company.
- If the funds deposited by customers are not used for cryptocurrency transactions for a long period of time, the company has the right to demand refund of these funds.
Article 5 (Definitions Related to Transactions)
- The cryptocurrency is the “Virtual Currency” specified in Article 2 item 2 of the Japanese payment services act.
- A “Seller” is a customer who sets an order for the sale of crypto assets on this site to sell crypto assets to the Company, or to commission the Company to act as an agent.
- A “Buyer” is a customer who sets an order for the purchase of crypto assets on this site to entrust the Company with the purchase of crypto assets or as its agent.
- The price is a unit of the cryptocurrency when you want to purchase or sell cryptocurrency when using this website. The price is displayed in Japanese currency.
- The transaction price is the total price paid by the buyer at the time of the establishment of transaction (including the handling fee paid to the company).
- A “Transaction” refers to the sales transactions of crypto assets on this site entrusted to the Company by the customer, or crypto asset trade transactions with the Company in accordance with the methods determined by the Company.
Article 6 (About the Cryptocurrency Transaction Process)
- The customer can submit a payout or sell order of the cryptocurrency on the website according to his own judgment.
- In case of a customer sets a sell or a buy order of crypto assets on our cryptocurrency exchange, when the sell price of the relevant order matches the offered buy price of another customer, with the matched amount scope and the relevant price, the sales contracted for the relevant crypto assets will be signed, and this will be deemed as the seller and the buyer’s agreement to be bounded by the transaction.
- On this crypto exchange site, when a placed crypto asset buy or sell order’s price and amount, matches with another customer’s placed crypto asset buy or sell order’s price and amount, the transaction will be established immediately at the matched price and amount without informing the customers in advance. Now, please note that in some exceptional cases, the Company may act as the concerned person of the trade. Moreover, we do not ensure or guarantee the establishment of the customer’s crypto asset trade order.
- Regardless of the provisions of Article 2, in case a crypto asset buy order is placed on our cryptocurrency exchange site, the trade orders of crypto assets will be executed immediately, starting in order of the lowest price at that point of time depending on the order amount. In case of establishing a crypto asset trade order on our cryptocurrency exchange, the sell orders of crypto assets will be executed immediately, starting in order of the highest price at the point of time depending on the order amount. Placed and executed orders cannot be cancelled.
- In case of a buyer and a seller’s trading transaction was executed on our cryptocurrency exchange site, the Company will subtract the fixed handling fee, transfer the contracted purchase price of the crypto assets from the buyer’s account to the seller’s account, and transfer the contracted crypto asset amount from the seller’s account to the buyer’s account.
- In case of a customer placing a buy or a sell order of crypto assets on our cryptocurrency exchange, the customer will be deemed to have expressed an agreement of entering into a contract for the purchase and sale of crypto assets at the price offered by the Company.
- On this cryptocurrency exchange site, in case of a crypto asset sales transaction of a seller or a buyer is established with the company’s crypto assets, the Company will subtract the handling fee, and transfer the upon-agreed purchase deposit of crypto assets from the buyer’s account to the Company’s, or from the Company’s account to the buyer’s, as well as transfer the upon-agreed amount of crypto assets from the seller’s account to the Company’s, or from the Company’s account to the seller’s.
- If the Company deems the crypto asset rate is dissociated abnormal rate from crypto asset market rate (hereinafter, “abnormal rate”) due to system error on this site, according to the Company discretion, the Company will be able to cancel or correct the abnormal rate to the real market rate for the transaction that was executed by the abnormal rate.Now, please note that we do not ensure or guarantee the establishment of the customer’s crypto asset trade order.
Article 7 (About Fees)
There are situations where you may need to pay for the use of this site. For details, please see the Fees introduction posted on our site.
Article 8 (Procedures of Funds and Withdrawals, and of Cryptocurrency Deposits )
- The customer’s deposit of funds into the trading account refers to the act of importing Japanese Yen from the deposit account of the bank and other financial institutions to the customer’s fund management account in our company.
- Withdrawals from the customer’s trading account at our company, refers to the transaction of the customer’s funds in the company account to the customer’s bank or other financial institute account in the same name as the customer’s company trading account.
- Withdrawal transfers from our company will be executed as instructed by the customer only if the transfer instruction issued by the customer meets the requirements of the company and is completed within the stipulated time.
- Regardless of any reasons, If the customer transfer funds are not displayed on their trading account at our company, after 9:00a.m. on the following day during business hours, when the company confirms the funds, the transfer funds will be transacted into the trading account of the customer.
- After the Company confirms the customer’s receipt payment of remittance transfer into the company’s trading account, the customer cannot make amendments or cancellations to the funds.
- The customer’s transfer of cryptocurrency to the company by deposit from the customers account has to be conducted through the address specified by the company. In case of transacting cryptocurrencies to an address other than the address specified by BTCBOX, or that are not handled by BTCBOX (in case of a cryptocurrency transaction of assets that were handled by BTCBOX previously but are not currently, or cryptocurrency transaction of an asset type that is different from what BTCBOX has specified to a specified receiver), the customer shall assume responsibility. BTCBOX shall not be obligated to return or compensate for cryptocurrencies that have been transacted to addresses not specified by BTCBOX, and transacted cryptocurrencies that are not handled by BTCBOX. Even in case of BTCBOX agreeing on returning the assets, the company shall be entitled to request the costs that will incur in returning the assets. Furthermore, there is a risk of cryptocurrencies getting lost or damaged in the process of a transaction to an address other than those specified by BTCBOX or of a cryptocurrency asset type that is not handled by BTCBOX. BTCBOX shall not be liable for any damages incurred by the customer as a consequence of the above.
- In the case of any transactions of the cryptocurrency from the customers account, it has to inform the company the address it shall be sent to as well as the quantity of the cryptocurrency transaction.In case the customer executes a transaction of a designated amount of a cryptocurrency to a designated address, a the designated cryptocurrency address mistake, defect in the concerned cryptocurrency’s blockchain, or for any other reasons regardless, if the company is not intentionally or grossly negligent, BTCBOX shall not be responsible for not receiving or delayed receipt, etc. of the customers cryptocurrencies.
- Only if the transfer instructions issued by the customer meet the methods prescribed by the company are met, and are completed within the stipulated time, the cryptocurrency can be transferred out.
- In the case of the customer executing a cryptocurrency transfer, as mention in Article 6 item 7, regardless of any reasons, the customer cannot correct or cancel the transfer after the company’s confirmation.
Article 9 (About Bitcoin Loan)
The company provides customers with loan services through Bitcoin ( “Bitcoin Loan”). Customers wishing to make Bitcoin loan shall apply under the additional provisions of the Bitcoin loan terms. In addition, customers who use Bitcoin loan to conduct Bitcoin credit transactions, according to the Terms of Agreement, the customer shall deposit a collateral sum to the company’s designated margin account equivalent to the sum of the Bitcoin loan at the time of the loan as a security.
Article 10 (Transaction Content Inquiries)
- The customer uses this service to check the status of their transaction funds and cryptocurrency , and can download the details of the deposit and withdrawal of their account, transaction details and balance report through the website.
- If you have any questions about this service, please contact our customer service.
- Concerning the customer’s transaction content, in case of inquiry is necessary from related organizations, the Company shall request an inquiry of the customer’s cryptocurrency trade content. In such cases, the customer shall correspond immediately. If the Company does not receive any or an inappropriate reply to the inquiry within a considerable period of time, the customer might not be able to continue the usage of this Service.
Article 11 (Passwords Management)
- The customer is responsible for managing and storing the account and password. The customer may not allow a third party to use the account, transfer the account, change the name of the account, or do any trading.
- The company will verify the account and password when the customer visits the website. When the confirmed account and password are consistent with the account and password set by the customer, we will accept the customer’s account as legitimate and allow transactions. Even if the account and password were stolen or forged, their transaction is still considered valid.
- The customer assumes full responsibility for any damages resulting from improper management of accounts and passwords, misuse, third party theft, hacking, etc. we do not take any responsibility.
- When the customer discovers that the account and password have been stolen or used by a third party, the customer shall notify the company immediately and follow the company’s instructions.
Article 12 (Processing of personal information)
- The company processes your personal information in accordance with our personal information protection policy
- The company may provide the personal information of the customer to a third party such as an entrusting party or an agent of the company within the scope of providing this service.
- The company may provide customer information upon request after being ordered by a decree or judicial office or supervisory authority.
- For the personal information submitted by the Company, the customer can request the Company to disclose it. If you want to know the use of your personal information, please consult with our company.
Article 13 ( Provision of Receipt Information)
- The Company shall notify the customer (including but not limited to the documents specified in the “Cabinet Office Ordinance” on Cryptocurrency, Article 17 all items (herein referred to as “Pre-Contract documents”)) in accordance with the documents required by law. We will approve documents that do not violate law and regulations. Instead of the delivery of paper media, electromagnetic devices specified in the following items are available.
- (1) Send an email to the customer’s email address that in advance has been registered.
- (2) Files or data will be posted on the website, and be visible for customers
- (3) Others Electronic methods that the company deems appropriate
- The customer can withdraw the consent on “Pre-Contract Document” according to the previous item. However, when the consent is withdrawn, necessary measures will be taken without any pre-notification.
Article 14 (Regulation of anti-social activities)
- The customer shall indicate that the customer does not belong to any of the following items currently, and neither will participate in the future.
- (1) Violent groups
- (2) Member of a gang
- (3) Training member to be in a gang
- (4) Crime syndicate related companies
- (5) Organizations such as corporate extortionists and clubhouses that are disguised as social movements or special violence intelligence organizations.
- (6) Others that meet the terms above
- The customer promises to not and will not teach others to do the following.
- (1) Violence action
- (2) Exceeding the law
- (3) Conduct a verbal threat or violence against transactions
- (4) Acts of spreading rumors, setting of deceptive plans or using authorizing power to undermine the company’s reputation, or interfering with the company’s business.
- (5) Other acts that correspond to the above terms.
Article 15 (About Cryptocurrency)
Cryptocurrency is not a legal currency and there is no central bank to manage it. Cryptocurrencies have unpredictable risks without the support of their countries or companies. The customer uses this service after understanding the existence of such risks. The customer uses this service to conduct cryptocurrency transactions after considering its own financial status and risk tolerance.
Article 16 (Risk of Cryptocurrency Trading)
There are various risks in cryptocurrency trading. After fully understanding the trading risk of the cryptocurrency shown below, the customer takes full responsibility for it and conducts cryptocurrency transactions based on its own judgment.
- Price fluctuation risk and loss occurrence possibilities due to it
- The price of cryptocurrency, in addition to supply and demand of cryptocurrency, the entry of new competition of cryptocurrency, blockchain technology development etc. that not only connect directly with cryptocurrency event, but also influenced by various events in the world such as commodity prices, currencies, securities/foreign exchange markets trends, government regulation trends, IT technology development etc. Being influenced by any of these, the value of held assets of cryptocurrency of the customer may fluctuate tremendously leading to loss and in some cases lose its entire value.
- Liquidity Risk
- Depending on changes in the market, cryptocurrency transactions may not be possible or trade may occur at unfavorable prices. Also, orders may incline to either buy or sell orders, establishment of the order may take time, and in some cases it may not be established at all.
- Risk of not confirmed payment settlements
- In cryptocurrency trade, there is no method ensuring the confirmation of establishment of an order. Hence, there is a risk of transaction becomes invalid to date back to.
- Risk of forking due to Hardfork
- Depending on cryptocurrency, there is a risk of hard-fork splitting a certain cryptocurrency into two or more, making mutual compatibility incompatible. In such cases, there is a risk of significant value declines of the original exciting cryptocurrency, and transactions can become invalid to date back to.
- 51% Attack risk
- Depending on the cryptocurrency, if a individual with malicious intentions has 51% or more of computing power in the mining of that cryptocurrency, there is a risk that fraud transactions can be conducted.
- Risks in Relocating Cryptocurrency
- In transferring cryptocurrency, the relocation will not be established until confirmation of the relocation (the certification of relocation in the block chain) is completed, and the transfer will remain suspended for a certain period of time. Therefore, there is a possibility that the transfer of the cryptocurrency between the Company and the customer will not be completed until the transfer is confirmed in the network, and the transfer of the cryptocurrency based on the customer’s instructions may be canceled. Also, since the cryptocurrency is electronically recorded, and transaction relocation are executed through the network, thus it could be lost in the network for some reasons.
- Risks out of Business hours
- The handled cryptocurrencies at our Company may experience tremendous price fluctuations out of our business hours (including during maintenance periods). Even if out of business hours when cryptocurrency trading cannot be carried out, the Company shall not bear any responsibility.
- Risks of changes in handling fees, and calculating method for pledged assets relating to Bitcoin Loan credit sales etc.
- The Company may at its discretion change handling fees, and calculation method for pledged assets relating to Bitcoin Loan credit sales, forced settlement ratio all that are related to the usage of this Service, and also trading rules may be modified concerning this Service. When such rule changes occur, new additional funds may be required, and there will be a possibility of experiencing loss and damages due to forced payment settlement.
- Risks related to Bitcoin Loan ( along with this, please refer to the Bitcoin Loan Agreement)
- In Bitcoin Margin Selling transactions using Bitcoin Loan, as it is possible to sell Bitcoin exceeding the equivalent to the collateral sum, there is a possibility of experiencing loss and damages exceeding the collateral sum by the leverage effect. In case of a conducted Margin Selling, the repurchase amount of Bitcoin to in order to cancel the selling position may exceed the amount of collateral assets.
- Accordingly, in case of the market fluctuates in a disadvantageous direction for the customer’s selling position (open interest) , the Company may forcibly enforce our specified method to change all of the customer’s selling position (open interest) in order to prevent tremendous loss and damages to the customer, and all trading may be reversed and settled. In such cases, the customer may experience losses beyond the collateral sum. The customer shall deposit the shortfall that occurs in such events suffering a loss exceeding the collateral sum to the Company immediately.
- Cyberattack risk
- If the cryptocurrency exchange receives a cyberattack, there is a possibility that loss may occur to customer due to leaks of user information, passwords, etc. loss of cryptocurrency or loss of value etc.
- Risk of Cryptographic information Loss and Leakage
- In electronic transaction systems, the required login Id and password information used for electronic confirmation etc., in case of leakage due to theft or eavesdropping etc., there is a possibility that the customer might experience loss due to misuse of the information by a third party.
- In case the information of cryptocurrency records・storing managed by the Company related cryptography is lost, the deposited cryptocurrency cannot be transferred, and the utility value may be lost. Also, in case of similar information that is lost due to theft and leakage because of cyberattacks or internal/external fraud intrusions etc. the deposited cryptocurrency can all or partially not be transferred, or it may also be lost .
- System Risk
- By using this Service to conduct this transaction and other transactions are transactions of electronic trading system. In case of an order is input incorrectly, the intended order may not be established, or an unintended order may be finalized.
- Due to various causes the electronic trading system may not be available temporarily or for a certain period of time such as the Company’s or the customer’s communication/system equipment failure, network disturbance, natural disasters such a earthquake, cyberattacks etc. Also, customer orders may be invalidated due to delay or non-arrival of customer order instruction to our system. Moreover, the Company assumes the right to cancel the customer’s trade execution in case of an electronic trading system failure.
- In case of rapid market fluctuations, the price information may be delayed, and there may be a disparity in electronic trading system price and the actual market price.
- There might be an abnormal cryptocurrency purchase and trade sale price that might be calculated by the Company’s system. Please note that in case of the Company deems an order to have been established by an abnormal value, the Company may cancel the transaction at its own discretion.
- If there is a failure in the system due to external changes etc., the customer may not be able to make an order through the internet (the Company’s website, smartphone website, application), or the customer’s order may be delayed, invalidated etc. that may lead to a risk of a trade failure.
- About opportunity loss due to System emergency maintenance, system failure etc., if we cannot identify the customer’s content of the order that was attempted to be placed, the Company shall not assume any responsibility for the opportunity loss.
- Possibility of Loss occurring due to external causes
- Loss may occur to the customer due to disasters, public communication failures, delays in record processing in cryptocurrency transfer recording mechanisms (mining approvals etc.), and other circumstances that might be beyond the Company’s control. In such cases, for loss that might incur to the customer due to external causes not relating to the Company, the Company shall not assumes any responsibility.
- Leakage and Compensation of Deposit Asset Risk
- By unauthorized internal/external intrusion or cyber attacks etc., when there is a leakage of the customer’s deposit assets, the Company shall compensate for the loss incurred to the customer. However, in such conditions were the Company in in a vulnerable state, the Company may not be able to completely compensate for the loss incurred to the Customer.
- Bankruptcy risk
- The Company manages the Company assets and the deposited assets of the customers segregated. In addition, the Company has taken measures to protect the money deposited by customers to the Company by a trustee.
- Legislation · Tax system change risk
- On April 1st, 2017, the Fund Settlement Act was enforced that regulates cryptocurrency transactions, and related law and regulations were enforced and improved. Hence, the cryptocurrency exchange was defined and user protection systems were greatly improved. In the future there may be a possibility that cryptocurrency transactions will become forbidden, restricted or strengthened by taxes etc. due to changes in laws, regulations, tax system or policies etc. Cryptocurrency holdings and transactions may become restricted, and handling of cryptocurrency may become more disadvantageous than the present situation. In this case, unexpected losses may occur to the customer.
- For more information, please contact your local tax experts, tax accountants, lawyers or other experts.
The above risks provide a brief description of the typical risks associated with cryptocurrency transactions, and do not represent all of the risks that can arise in cryptocurrency transactions.
Article 17 (About Liability)
- We are constantly striving to work on keeping a stable service, however if the company’s website fails and has service interruption or other errors that may cause losses to the customers, the company will not be responsible for the losses incurred.
- The company shall not be liable for any damage suffered by the customer due to communication failures caused by network, system, server, hardware, software etc.
- In case of any loss occurring to the customer’s funds or cryptocurrency that the Company is storing・managing, except for cases of unclarity due to the Company’s intentions and based on gross negligence , the Company shall not take any responsibility.
- The Company shall not take any responsibility and does not assume any liability with respect to sale or purchase of cryptocurrency, or the value, function,stability, and availability of it. ( including liability against warranty defects). Accordingly, the Company shall not take any responsibility in cases of loss occurring to the customer due to the manifestation of risks such as price fluctuations based of the characteristics of cryptocurrency, reduced liquidity, loss of records in the blockchain.
- Accordingly, even in cases of applying even in case of the customer’s order is not finalized due to invalidation, deletion, cancellation, and other preventing the establishment or validity of this Agreement, the Company assumes no responsibility to the customer.
- The Company assumes no responsibility to the customer in case of any damage or loss caused to the customer due to any law and regulations related to cryptocurrency including government ordinances, regulations, notifications, guidelines, and other rules and regulations such as future enactment or change of the tax system relating to cryptocurrency.
- All the provisions of the aforementioned articles and other provisions that exempt from liability for any damages shall the effective to the extent accordingly to the Consumer contract act and other law and regulations related. Furthermore, in case of the Company assumes responsibility for any loss or damages, except for cases of intentional or gross negligence, the scope of damages that the Company will bear will be limited to the actual damages occurred due to the Company’s actions. In Addition, the total amount of fees that have been received by the customer during the past month starting from the time of the occurrence will be the upper limit.
Article 18 (Confidentiality)
- This Confidentiality Agreement (hereinafter referred to as the “Agreement”) shall include all the information that the customer has been offered or displayed by the Company in written documents, verbal and recording mediums etc. This shall also include gained information about the Company’s technology, business, duty and obligations, finances, organization and other matters concerning company information. However, the following Articles will be exceptions to the Agreement.
- (1) In case of the information provided or disclosed by the company, is already public knowledge or known common information
- (2) In case of after the information provided or disclosed by the company, the information becomes publicly known for any reason attributable.
- (3) If the obtained confidential information is carried out legally without being obliged to hold confidentiality from a third party authorized to provide or disclose information.
- (4) In case of it is developed independently without confidential information
- (5) In case of the Company has confirmed in writing that confidentiality is not required
- The customer shall use confidential information only for the purpose of using this service, and shall not provide, disclose or leak the Company’s confidential information to third parties without the Company’s written consent.
- In case of notwithstanding the provisions of the previous paragraph , the customer may disclose confidential information based on orders or requests from legal court law and regulations, or government agencies. However, if there is such an order, claim or request, the customer must promptly notify us.
- In case of whenever required by the Company, confidential information in written and recorded document copies etc. shall be returned and disposed of accordingly to the Company’s directions with no delays.
Article 19 (Equipment for use)
- The customers need to prepare their own equipment and software required to use this service. The company will not prepare any services for activities and method operation guidelines when customers browse the Internet. When using browsing software, follow the rules of the respective software developer.
- The customer shall take all security measures in order to prevent computer virus infections, unauthorized access, and information leakage at their own responsibility and expense.
Article 20 (Copyright, property rights and other rights)
- All the contents and individual information, trademarks, images, movies, advertisements, designs etc. (herein referred to as ‘’ contents’’) included in this Service, shall belong to the related rightful author, trademarker, and other property rights owners that has been used to create the content. Moreover, the software used for this service and other related services include intellectual property protected by intellectual property laws.
- The customer may not copy, edit, change, publish, or reproduce the content of the service without consent from the company and other intellectual property owners, unless the customer has obtained consent to rightfully use public distribution, trafficking, translation and other activities, or has obtained the right to use the content without permission by law.,
- The company is not responsible if the customer suffers damages in violation of the above actions. If the company suffers a loss due to the customer’s violation of the above behavior, the company has the right to claim compensation.
Article 21 (Termination of Service)
- The company may suspend or interrupt services without prior notice based on the following matters. The company is not responsible for any losses caused by the following.
- (1) When the company or the third party designated by the company performs the maintenance set.
- (2) When the equipment of this site fails.
- (3) Earthquakes, floods, tsunamis, wars, riots, blackouts, etc.
- (4) Judicial, administrative agencies, etc.
- (5) The virtual money market has been disrupted and the company deems it necessary.
- (6) For other technical reasons our company determines it as necessary.
- The company may change or stop some or all of the services without notifying customers. The company is not responsible for damage to customers and third parties caused by the change.
Article 22 (Stop of Service Notification)
- Even if we take measures based on the provisions of the preceding Article without notifying the customer in advance, we will make advance notice to the customer by means of publication on this site or other means deemed appropriate by the Company. However, this is not the case if there is an urgent need and other judgment made by the Company that deem other prior notices as inappropriate.
- Even if the customer or a third party suffers damages due to measures taken by the Company based on the provisions of the preceding paragraph, we will not take any responsibility.
Article 23 (How to Contact customers)
When the company contacts the customers, contacting or notification means will be through publication on our designated website or by sending an e-mail. However, in cases where it is judged as necessary by the company, we might resort to postal service or phone calls.
Article 24 (Link to other websites)
On our website, there will be cases of links to other websites, and a third party can register a trackback or link for other websites and resources. These linked websites and resources are run by their independent owners. The company is not sure about the security of these websites. Thus the company will not be responsible for the losses caused to the customer by visiting these websites.
Article 25 (Prohibited Acts)
- In using this service, the customer must not take any actions that fall under the following items.
- (1)The customer must not act on the following noted items with with the intent of altering the prices of cryptocurrencies
- a. Disseminating facts with no logical basis in which the disseminator does not does not have any direct experience or recognition to an unspecified large number of people
- b. Using any means to mislead other people into fraudulent acts. Using speech or actions in vain that agitate a passion for speculation in other people
- c. Using assault or intimidation
- (2)Performing any of the following acts with the intent of feigned manipulation, or causing fluctuations in the price of cryptocurrency.
- a. Purposely misleading other people into transferring their rights over cryptocurrency related trading, such as disguising trades that are not performed with the intent of exchanging money
- b. Complot with a third party with the intent of misleading other people on cryptocurrency related trades
- c. With the intentions of misleading others into performing cryptocurrency exchange related transactions by making cryptocurrency seem prosperous for the purpose of enticing other people into cryptocurrency trades.
- d. With the intentions of misleading others into cryptocurrency related transactions by manipulating the market by oneself or with another party with the intent of causing the indicated price of virtual currency to fluctuate, or intentionally spread information about important items that is fraudulent.
- e. Carrying out a number of cryptocurrency trades with the intention of pegging, fixing, or stabilizing the price of cryptocurrency
- (3) Attempt of opening an account using a false name or another persons name ( this includes the following noted items but is not restricted to this only)
- a. Performing buy or sell transactions with a false name or by using another persons name that is not one’s real name.
- b. Opening an account with a false name or another persons name that is not ones real name.
- c. Using one account jointly with a third person
- d. Allowing a third person using the customer’s account, lending it or sharing to a third person
- e. If the customer is attempting to open or several accounts alone.
- (4) Any attempts of fraudulent approaches towards the network and system that is the foundation of this service by the Company. ( this includes the following noted items but is not restricted to this only)
- a. Sending any information that includes harmful computer virus and other computer programs.
- b. Performing acts to exploit errors, bugs, security loopholes, or other defects found in any of the systems, servers, or networks related to the service or management of the Company
- c. Performing the act of deliberately stealing assets of the customer and our company or our affiliates by attacking the replay function
- d. Acts that use this service in a way that is not intended by our system due to the use of APIs or other programs not provided by our company, and that affect our system and other customers.
- e. Atcs of transmitting volume of data that exceeds the determined volume by the Company through our service.
- (5) Acts that interfere with or may prevent the proper operation of the service by the Company ( this includes the following noted items but is not restricted to this only)
- a. Act of declaring false information or deliberately incorrect information regarding the information the Company obtains as customer information
- b. Act of altering customers information that can be used with this service
- c. Acts of to disseminating rumors and facts that are not true, or to commit an act of fraud, extortion or blackmail, that may defame the reputation of the Company
- d. Engage or attempts applicable of duplicating cryptocurrency double-spending
- e. Acts of criminal and fraudulent activities establishing for pyramid schemes etc., purchase and sale of illegal goods and services, and using this service in order to transferring profits gained from those acts.
- （６）Performing acts that violates any law or regulation, or internal rules of an organ of which the Company or the customer is a member of. ( this includes the following noted items but is not restricted to this only)
- a. Performing any acts for advertisement or solicit customers and third parties.
- b. Perform any acts of withdrawals and deposits seeming unrelated to the use of this service and repeating orders in a short span of time. Also, repetitively sending cryptocurrency to the same receiver within a short period etc. or use this service in a way the Company deems to be inappropriate or suspicious.
- c. Expect for the cases where consent was obtained in advance in written format, providing services that are the same or similar to our service to a third party (including but not limited to cryptocurrency trade, sales, purchase, transfers or cryptocurrency payments and the distribution of price information) by the information obtained from this service or the usage of this service etc. (including the act of placing orders for a third party, or the usage of this service on behalf of a third party).
- d. Expect for the cases where consent was obtained in advance in written format, in cases where this service is used for commercial purposes such as providing goods and services to third parties (including using our service to receive cryptocurrency as payment for sale or issuance of cryptocurrency or tokens that are sold or issued by the registered user or a third party, from an unspecified large number of third parties); or to allow subsidiaries or other third parties to engage in any of the aforementioned acts.
- e. Perform any act of infringement of intellectual property rights (including but not limited to patent rights, utility model rights, design rights, trademark rights, copyright and any other intellectual property rights) honor, privacy or other rights and profits.
- （７）Perform any act violating law and regulations and this, and other acts contrary to its purpose.
- a. Perform any act that is applicable to any of the items of Article 14 paragraph 1, or any of the items of the same Article 14 paragraph 2, or false declarations relating to representations and commitments based on the items of Article 14 paragraph 1 of this Agreement.
- b. Perform any act applicable to violation of law and regulations and any other regulatory laws.
- c. Perform any acts of money laundering
- (8) Perform any act of Insider transactions (concerning the regulations of Article 5, paragraph 2 item 4 of the “Establishment of Transaction Review System to Prevent Unfair Transaction” of the Japan Cryptocurrency Exchange Association)
- (9) Perform any other acts that the Company deems as inappropriate.
- (1)The customer must not act on the following noted items with with the intent of altering the prices of cryptocurrencies
- If the customer is deemed to have performed any of the aforementioned act, or in case of being liable to perform any of the aforementioned acts, the Company shall delete all or part of the information the customer has transferred, and the customer’s account will be suspended or deleted without informing the customer. Other measures which the Company deems as appropriate can be taken at the Company’s discretion. The Company shall not be responsible for any losses occurred to the customer for taking measures due to violation of any of the prohibition act. Moreover, if the Company faces any losses due to the act performed by the customer in the aforementioned paragraphs, the Company shall be able claim compensation for the loss from the customer.
- Even if the customer’s account is deleted by the Company according to the measures in the aforementioned items, the Company shall not be obligated to return any documents received from the customer by the time of the deletion. Moreover, the Company cannot answer any reasons for the taken measures described in the items aforementioned to the customer.
Article 26 (Stop of this service and Freezing of Assets)
- In case of any of the following circumstances, or any actions that the Company deems as applicable to the following items, the Company shall reserve the right to discontinue this Service and freeze deposited assets, and take any other measures the Company deems as appropriate without information the customer in advance.
- (1) In case of the Company deems that the registered information is false or there is a possibility it may be so.
- (2) In case of the Company or registered customer has any purposes that may cause loss and damage to other third parties, or as a method for such intentions, or attempting to do so.
- (3) In case of using this service for acts violating law and public orders or morals, or when the Company deems there is a risk.
- (4) In case of the customer uses inappropriate words and deeds against the Company and the Company employees.
- (5) In case of when payment is suspended or insolvent, or petition for bankruptcy proceedings, civil rehabilitation proceedings, company rehabilitation proceedings, special liquidation commencements, or complaint from the customer etc. is received or filed.
- (6) In case of bills or checks the customer themselves have issued but have not been received, or when transactions have been suspended by the Clearing House or other related kinds of measures have been undertaken.
- (7) In case of a petition to the customer is ongoing for seizure, provisional seizure, provisional disposition, forced executions or auctions
- (8) In case of the customer is dispositioned to tax delinquency.
- (9) In case of the customer executes an act that causes or may cause disadvantage to another customer or a third party.
- (10) In case of the customer executes an act that causes or may cause damage to this Service and to the trust of the Company.
- (11) In case of the customer performs an act that may infringe the intellectual property rights (including but not limited to copyrights, design rights, utility model rights, trademark rights, patent rights, know-how rights etc.) honor, privacy and other rights or interests of the Company or a third party.
- (12) In case of the customer is unable to reply to the identification document procedure based on the the Act on Prevention of Transfer of Criminal Proceeds, and other confirmations regarding transactions that are conducted by the Company (including in cases of necessary actions for confirmation are not performed within a reasonable time period; or when we are unable to contact the customer; or if no reply has been received from the customer even after notification or email has been to the customers address and e-mail address in advance etc.)
- (13) In case of the customer, without the consent of the Company duplicates, recreates, reproduces, remits , transfers, distributes, resales, transmits, sends, modifies, adapts, transacts, lends, or uses the information provided through this service with any of the noted aims, or storing for the purpose of the above.
- (14) In case of when the Company is unable to contact the customer by email and phone.
- (15) In case of address of the customer is unknown
- (16) In case of the customer starts inheritance
- (17) In case of the customer performs an act that promoted any the of the aforementioned items specified.
- (18)In addition to the specified items above, in case of the Company deems that the customer’s usage of this Service is inappropriate.
- The Company cannot answer any reasons for the taken measures described in the items aforementioned to the customer.
- The Company shall not be responsible for any damages caused to the customer due to taken measured as described in Article 1 all items taken by the Company.
Article 27 (Change and stop of this treaty)
- The content of this Service may change due to changes in economic conditions or other rational reasons, that may change or discontinue this service at the discretion of the Company. Due to changes or abolitions, one part or all of usage of this Service may be discontinued.
- The company will not be responsible for the losses caused by the suspension or abolition of this service as stated in previous item.
Article 28 ( Termination of contract etc.）
- Customers can apply for a cancellation through the methods specified by the company. If you would like to cancel the contract, please contact us through the inquiry form.
- In case of this Service is terminated, the Company that is storing the customer’s assets and cryptocurrency (herein referred to as ‘’the customer assets’’), the customer will at their own risk transfer the cryptocurrency to a specified account at a financial institution ( however, the account shall be in the same name as the customer) or a virtual bank account that the external institution deems as appropriate (including but not limited to cases of, depending on the circumstances making it difficult returning the cryptocurrency to the customer using the method specified by the Company, the assets will be converted to the equivalent amount of fiat currency and refunded) and the transfer method can be conducted, thus the Company shall return the customer assets to the customer. However, the customer shall bear the cost concerning the refund that will be the Company’s designated withdrawal fee. In the case of the customer asset coming to a shortage to the withdrawal fee, we are not obligated to refund the customer assets to the customer until the insufficient payments have been made. Furthermore, the company will not bear any costs or cryptocurrency in case of the Company does execute the transferring of funds or sending of cryptocurrency as the company will conduct this according to the specifications of the customer. Moreover, the company will not bear any responsibility about the customer’s submit of its financial institution account, or the accuracy or validity of external remitting end information.
Article 29 (AML/CFT Cooperation and support)
- On the issue of implementing countermeasures regarding Money Laundering and Financing of Terrorism, the Company will inquire the customer of submitting information about the transaction content, to whom it will be transferred, and the purpose of the act if the Company deems it necessary that the customer’s transaction content has to be examined. we hope for your cooperation.
- In the process of examination and confirmation as noted in the previous item, with specific transaction content, the customers explanation content and other circumstances in consideration, if the Company deems there be any collision with submitted information in regards Economic sanctions, Money Laundering and Financing of Terrorism, the customer’s cryptocurrency transaction, deposits・withdrawals of Japanese Yen, deposits・paying out of cryptocurrency will further be restricted of use.
- Even if damage or disadvantage occurs to the customer concerning the measures that will be taken as noted in the previous item, the Company will not take any responsibility.
Article 30 (Prohibition of transfer, pawn, etc.）
You may not assign, lease, pawn or otherwise set the rights of third parties, nor provide them to third parties, please understand your contract status under this Agreement and any other rights related to the Service.
Article 31 (Governing Law, Jurisdiction)
The law governing this Agreement shall be the Japanese law, and for any dispute relating to this Agreement or this Service, the Tokyo District Court shall be the exclusive jurisdiction court of the first instance.
Article 32 (About inquiries)
For any questions about this Agreement or Service, please contact us from the inquiry form.
This clause is a translated version of the Japanese version. It is for reference only and has no legal effect. Please refer to Japanese site for details of the terms.