Liberty Exchange Terms of Service
LIBERTY EXCHANGE TERMS OF SERVICE
These terms of service (hereafter referred to as "these terms") dictate the matters that registered users must comply with when using the services provided by Liberty Exchange Co., Ltd. (hereafter referred to as "our company") and define the rights and obligations between our company and registered users. By using our services, you acknowledge that you have read and agreed to these Terms.
Article 1 (Application)
1.These terms govern the relationship between our company and registered users, setting out their respective rights and obligations in relation to the use of our services.
2.These Terms include all guidelines, policies, notices, and regulations posted on our Company's website.
3.By using our services, registered users agree to abide by these Terms.
Article 2 (Definitions)
1 .The following terms used in these Terms shall have the meanings as defined below:
- (1) Intellectual Property Rights" refers to copyrights, patents, utility model rights, trademarks, design rights, and other intellectual property rights, including the rights to acquire or apply for these rights, or to apply for their registration.
- (2) "Our Website" refers to the website operated by our company under the domain "libertyexchange.kg," including any subdomains and subsequent changes to the domain or website content .
- (3) "Registration Applicant" refers to the "Registration Applicant" as defined in Article 3.
- (4) "Registration Information" refers to the "Registration Information" as defined in Article 3.
- (5) "Registered User" refers to individuals and corporations that have registered as users of the Services under Article 3.
- (6) "Our Service" refers to the Liberty Exchange service provided by our company, which includes a marketplace for buying and selling cryptocurrencies, management of user finances or cryptocurrencies, and other related services (including any service modifications).
- (7) "User Account" refers to the trading account established by our company, using our specified methods, for the purpose of managing the cryptocurrencies and the money that registered users hold or use for transactions through our service.
- (8) "Service Agreement" refers to the usage agreement between our company and the registered user, established pursuant to Article 3, paragraph 2, in accordance with the provisions of these terms.
- (9) "Significant Position in a Foreign Government, etc." refers to the following equivalent positions in a foreign country:
- - Head of state
- - Positions equivalent to the Prime Minister and other Ministers of State, and Deputy Ministers in our country
- - Positions equivalent to the Speaker and Deputy Speaker of the House of Representatives, and the President or Vice President of the House of Councilors in our country
- - Positions equivalent to a judge of the Supreme Court in our country
- - Positions equivalent to Ambassadors Extraordinary and Plenipotentiary, Ministers Plenipotentiary, Special Ambassadors, Government Representatives or Plenipotentiaries in our country
- - Positions equivalent to the Chief of the Joint Staff, Deputy Chief of the Joint Staff, Chief of the Ground Staff, Deputy Chief of the Ground Staff, Chief of the Maritime Staff, Deputy Chief of the Maritime Staff, Chief of the Air Staff or Deputy Chief of the Air Staff in our country
- - Officers of the central bank
- - Officers of a corporation that must obtain approval or pass a resolution in the national legislature regarding its budget
- (10) "Politically Exposed Persons (PEPs) etc." refers to individuals who currently hold or have previously held a significant position in a foreign government.
- (11) "Family Members" refers to spouses (including those who have not legally registered a marriage but live in circumstances similar to marriage), parents, children, and siblings, as well as parents and children of a spouse who is not one of these people.
- (12) "Cryptocurrency-Related Information" refers to important, unpublished information (meaning information not made easily accessible to all users of the crypto asset exchange's transactions) about a crypto asset or crypto asset exchange (including our company), which the exchange handles or intends to handle, and that could influence users' decisions about buying or selling crypto assets or exchanging them for other crypto assets.
- (13) "Information Recipient" refers to an individual identified as possessing cryptocurrency-related information, based on user reports or information obtained by our company."
Article 3 (New Registration)
1.Those who wish to use this service (hereinafter referred to as the "Registration Applicant") may apply to us for registration to use this service by agreeing to comply with these terms and conditions, and by providing us with the information specified by us (hereinafter referred to as "Registration Information") in accordance with our designated method".
2.We will determine the eligibility of the Registration Applicant for registration in accordance with our standards and procedures (including identity verification procedures), and if we approve the registration, we will notify the Registration Applicant to that effect. Registration becomes effective when we issue this notification.
3.Depending on the content of the Registration Applicant's Registration Information, it may be necessary to provide additional Registration Information.
4.Upon completion of the registration specified in paragraph 2, a contract for the use of this service in accordance with the various provisions of these terms and conditions shall be established between the registered user and us, and the registered user will be able to use this service in accordance with these terms and conditions.
5.We reserve the right to refuse registration if the Registration Applicant falls under any of the following conditions. In addition, if it becomes clear after the completion of registration that any of the following applies, we may cancel the registration. Please note that we are not obliged to disclose the reasons for this. In these instances, we are under no obligation to return any documents, forms, or other materials received from the Registration Applicant.
- (1) If any part of the provided registration information contains false statements, errors, or omissions.
- (2) If the applicant is a minor, adult ward, person under curatorship or person under assistance, and has not obtained the consent of a legal representative, guardian, curator or assistant.
- (3) If we determine that the applicant falls under Article 15.
- (4) If the applicant is an employee of another cryptocurrency exchange operator (unless we have given our approval).
- (5) If the applicant is a corporation that is operating or planning to operate a cryptocurrency exchange business (unless we have given our approval).
- (6) If the applicant does not agree to the electronic delivery of written documents provided by us.
- (7) If we identify a significant risk of activities such as money laundering, terrorism financing, and the proliferation of weapons of mass destruction (hereinafter collectively referred to as "Money Laundering etc.").
- (8) If a mobile phone number without identity verification by a mobile phone carrier, or a phone number that cannot make voice calls is registered.
- (9) If an email address obtained from a provider offering temporary use, or an email address where it is assumed that it would be difficult for us to contact on a regular basis, is registered.
- (10) If we determine that registration is inappropriate for any other reason.
6.After the completion of registration as specified in paragraph 2, if further identity verification is required by applicable laws and regulations, or if we deem it necessary, we may again request the Registered User to submit necessary documents and provide necessary information as specified by us. Failure to submit these required documents or provide necessary information (including cases where no contact is made with us by the deadline set by us, cases where a notification letter requesting submission sent to the registered user's address is returned to us due to non-delivery, and cases where no contact can be made at the registered phone number, etc.), we may, at our discretion, suspend all or part of the transactions with the Registered User, or cancel the registration. We cannot be held responsible for any inconvenience or loss that may occur as a result.
Article 4 (Changes, Additions, and Periodic Verification of Registration Information)
1.If any changes occur to the registered information, the Registered User shall promptly notify the Company of the changes and submit any requested documents in the manner we specify.
2.If the Company requests additional registered information from the Registered User, the Registered User shall promptly notify the Company of the additional information and submit any requested documents in the manner we specify. If no response is made within our specified period, the Company may suspend all or part of the Service.
3.The Company will regularly confirm the Registered User's registration information. If we cannot confirm the registered information, we may suspend all or some services until confirmation is achieved.
4.Based on the content of the changed or added registration information, the Company may further confirm the Registered User's information. If we are unable to confirm within the specified period, the Company may suspend all or part of the Service.
5.The Company may request the provision of necessary information regarding transaction details, etc. Should the necessary information not be provided, which includes cases where we receive no response, no information, or clearly false information by our set deadline, we may, at our discretion, suspend or terminate some or all services.
6.Should the Company identify a significant risk of money laundering, etc. based on the content of the changes to the registered information, the Company may request the response specified in paragraph 2.
7.If the Service is suspended in whole or in part, or if the Service is terminated pursuant to paragraphs 2, 3, 4, 5, and 6, the Company cannot be held responsible for any losses or inconvenience that may occur.
Article 5 (Provisions Pertaining to Important Public Figures such as Foreign Governments)
1.The Registered User shall promptly notify the Company if they fall under any of the following categories or come to fall under any of the following categories:
- (1) Important public figures of foreign governments, etc. (Politically Exposed Persons, or PEPs)
- (2) Relatives of important public figures of foreign governments, etc. (Politically Exposed Persons, or PEPs)
- (3) Legal entities in which important public figures of foreign governments, etc. (Politically Exposed Persons, or PEPs) are substantial controllers
2.Should any changes occur to the notification items in the preceding paragraph, the Registered User shall promptly notify the Company.
Article 6 (Management of Registered Email Address and Password)
1.Registered Users are responsible for managing and storing their account's registered email address (hereinafter referred to as the "registered email address") and password, and must not permit third-party usage, nor engage in activities such as lending, transferring, renaming, or trading it.
2.The Company verify user identity by matching the registered email address and password provided when logging into our service. Even in cases of forgery, alteration, theft, or unauthorized use of the registered email address and password, we consider any transactions to be valid if the identity verification process deems them as from a legitimate user.
3.The Registered User shall be responsible for any damage caused by inadequate management of the registered email address, password, errors in use, use by a third party, etc., and the Company shall not be responsible at all.
4.If the Registered User finds out that their registered email address or password has been stolen or is being used by a third party, they must immediately notify us and follow any subsequent instructions we provide.
Article 7 (Fees and Payment Methods)
1.Registered Users must pay the fees outlined in our separately provided manual to use this service.
2.If a Registered User is late in paying fees in the preceding paragraph, they must pay us a late payment fee of 14.6% per annum (prorated daily for periods less than one year).
3.Except as otherwise provided in these terms and conditions, Registered Users shall not be able to offset the obligations borne by our company against the obligations borne by the Registered Users to our company.
4.Payments under this agreement shall be in legal currency designated by our company or in the cryptocurrency handled, and will be debited from the user's account.
Article 8 (User Account)
1.Upon completion of the registration process set forth in Article 3, Registered Users shall have a User Account. Registered Users can conduct transactions using this service by possessing a User Account. However, based on reasonable grounds, our company may freeze all accounts, including the said User Account, if we determine that the cryptocurrency or money within the User Account is related to criminal proceeds.
2.For the purpose of conducting transactions using this service, Registered Users may deposit money into their User Account by transferring to our company's designated bank account or by our prescribed method, and also may deposit cryptocurrency handled by our company into their User Account by our prescribed method. Deposits and deposits of cryptocurrencies are considered to be entrusted at the point where our company can reasonably recognize their transmission, not at the completion of the registered user's transfer or other procedures. Furthermore, if the registered user sends a cryptocurrency that our company does not handle when depositing a cryptocurrency, or sends it to the wrong destination, message, or destination tag (including the case where it was sent to a destination that our company used to use but does not currently use, and the case where a cryptocurrency of a different type than the cryptocurrency designated by our company was sent to a destination designated by our company), the registered user cannot claim the return of these cryptocurrencies to our company, and our company shall not be liable for any damage caused to the registered user, and even if our company responds to the return, our company may charge the costs incurred in connection with the return.
3.At the request of Registered Users, our company will respond to refunds of money or transmissions of cryptocurrency from the User Account in accordance with our prescribed method. Users are responsible for specifying their own bank account for transfer of money (limited to bank accounts in the name of the registered user) or destination for the transmission of cryptocurrency, and our company will be exempt from responsibility for the money or cryptocurrency when our company deposits or sends the cryptocurrency to the said bank account or destination in accordance with the instructions of the registered user. Also, our company is not responsible for the accuracy and validity of the transfer destination or destination information provided by the Registered User.
4.Except when exceeding our company's specified standards or when our company separately notifies based on reasonable reasons, the refund of money in the preceding paragraph shall be on the payout date designated by our company, and the sending of cryptocurrencies in the preceding paragraph shall be made immediately after the request as a principle, except in the same cases. However, regardless of the request for a refund or transmission, if there is a shortage of money or cryptocurrency in the user account, our company may cancel the said request for a refund or transmission.
5.If the money deposited by the registered user is not used for purchasing cryptocurrencies over a long period of time, our company may transfer the said money to the bank account for transfer designated by the registered user according to Article 3, without obtaining the consent of the registered user, after notifying the registered user.
6.Even if new cryptocurrencies are generated due to hard forks, etc., of the cryptocurrencies deposited by the registered users, the registered users cannot claim the granting or handling of the new cryptocurrencies to our company.
7.If our company obtains cryptocurrencies by airdrop (hereinafter referred to as "AD currency") of the cryptocurrencies deposited by the registered users, our company shall decide whether or not to respond and the contents of the response at our discretion, and we shall not be obliged to let the registered users acquire AD currency. If our company grants AD currency to the registered users or pays the registered users an amount equivalent to AD currency, we may charge the registered users a reasonable fee as consideration for the measures necessary for such granting or payment and for the service provision to the registered users related thereto.
8.When our company refunds money from the User Account based on this agreement, if there are fractions of less than one yen in the money, we shall round down the fractions.
9.Our company will not acknowledge deposits of cryptocurrencies sent to the user account by registered users during periods in which we have halted the acceptance of such cryptocurrencies.
Article 9 (Use of the Service)
1.Registered users may use the Service within the scope of the purposes of this Agreement and without violating this Agreement, and only for the duration that they are effectively registered as registered users, in accordance with the methods specified by us.
2.The preparation and maintenance of computers, software, and other equipment, communication lines, and other communication environments necessary to receive the Service (including the installation of necessary applications) shall be performed at the expense and responsibility of registered users.
3.Registered users shall take security measures at their own expense and responsibility to prevent computer virus infections, unauthorized access, and information leakage, according to their own usage environment of the Service.
4.If a registered user causes damage to us by violating this Agreement or in relation to the use of the Service, they must compensate us for such damage.
Article 10 (Spot Trading at the Exchange)
1.The conditions for using the spot trading of cryptocurrencies in the Service are as follows:
- (1) Registered users can execute spot transactions at the cryptocurrency exchange by placing orders for the purchase and sale of cryptocurrencies in accordance with the methods defined by us. The counterparties for purchasing and selling are us.
- (2) We do not promise or guarantee the execution of crypto asset transactions to registered users.
- (3) The price for buying and selling cryptocurrencies is determined at the price presented by our designated method.
- (4) Registered users decide to purchase or sell crypto assets at our quoted price, and from the point of that decision, they cannot withdraw or change the order for the transaction.
- (5) Other conditions for spot trading on the cryptocurrency exchange are determined by the instructions separately specified by us.
Article 11 (Prohibited Acts)
1.In using the Service, registered users must not commit any act that falls under any of the following items, or any act that we deem to fall under any of the following items:
- (1) An act that infringes on the intellectual property rights, portrait rights, privacy rights, honor, or any other rights or interests of us, other users of this Service, or any third party (including acts that directly or indirectly cause such infringements).
- (2) Acts related to or similar to money laundering, acts related to criminal behavior, or acts against public order and morals.
- (3) Depositing funds with any intent other than conducting transactions via the Service.
- (4) Acts that violate laws, regulations, or internal rules of the industry association to which we or the registered user belongs. iruses or other harmful computer programs.
- (5) Transmitting information containing computer viruses or other harmful computer programs.
- (6) Tampering with information that can be used in relation to the Service.
- (7) Transmitting data exceeding a certain volume set by us through the Service.
- (8) Advertising delivery and other solicitation activities against other registered users.
- (9) Acts that constitute or attempt to constitute double-spending of cryptocurrencies.
- (10) Acts that may obstruct our operation of the Service.
- (11) Acts where the same individual opens or attempts to open multiple user accounts.
- (12) Acts of opening or attempting to open a user account under a fictitious name or any name other than the actual user, such as the name of another person.
- (13) Conducting transactions, transfers, or receipts of funds and cryptocurrencies in a user account on behalf of someone other than the registered user.
- (14) Actions taken for the purpose of cryptocurrency-related transactions (which include all transactions related to the buying and selling of cryptocurrencies, and other transactions related to cryptocurrencies. This definition applies throughout this clause) or for the purpose of manipulating the price of cryptocurrencies:
- - The dissemination of facts without a rational basis that the actor has not directly experienced or recognized to an unspecified number of people.
- - Engaging in fraudulent behavior using methods that mislead others, or acting in a way that frivolously inflames the desire of others for quick profits.
- - Using assault or threats.
- (15) Artificially manipulating the price of cryptocurrencies and engaging in transactions that cause these fluctuations, such as:
- - Simulated transactions that do not aim at the transfer of rights, receipt or payment of money, and are carried out with the intention of misleading others about cryptocurrency-related transactions.
- - Collusive transactions with third parties carried out with the intention of misleading others about cryptocurrency-related transactions.
- - Actual transactions related to cryptocurrency transactions carried out with the intention of misleading others into believing that the cryptocurrency-related transaction is thriving, for the purpose of luring others into cryptocurrency-related transactions.
- - Transactions deliberately displaying false or misleading information about important matters, spreading the fact that the price of cryptocurrency is fluctuating due to market manipulation by oneself or others, for the purpose of inducing others to cryptocurrency-related transactions.
- (16) Engaging in transactions under fictitious or others' names, or attempting to do so, in any name other than the user's own.
- (17) Cryptocurrency-related transactions using cryptocurrency-related information obtained by the information gatherer.
- (18) Providing false or deliberately inaccurate information to our company.
- (19) Transmitting cryptocurrencies for the purpose of gambling, or receiving cryptocurrencies that have been used for such purposes.
- (20) Engaging in transactions that are excessive in light of the user's attributes, transaction experience, and financial circumstances.
- (21) The following actions related to transactions in this Service:
- - Actions of offering, promising, or having a third party offer or promise, to the user or the person designated by the user, to compensate or supplement, in whole or in part, by oneself or a third party, in cases where the user incurs a loss or does not generate a predetermined amount of profit in this service, providing a financial benefit to the said user or third party.
- - Actions of offering, promising, or having a third party offer or promise, to the user or the person designated by the user, to compensate or supplement, in whole or in part, by oneself or a third party, the user's losses incurred in the transaction or to add to the profits generated by the user, providing a financial benefit to the said user or third party.
- - Actions of providing or having a third party provide a financial benefit to the user or third party in order to compensate or supplement, in whole or in part, the user's losses incurred in the transaction or to add to the profits generated by the user.
- (22) Any other actions that our company deems inappropriate.
2. If we determine that a registered user of this service falls under any of the items in the preceding paragraph, or there is a possibility of falling under them, we may, at our discretion, without prior notice to the registered user, delete all or part of the information sent by the said registered user, delete or suspend all of our accounts including the said registered user's account. We will not be responsible for any damages caused to the registered user based on the measures taken by us under this clause.
3. Even if a registered user's account is deleted under the provisions of the preceding paragraph, we are not obliged to return any documents, etc. that we have received from the registered user up to the time of such deletion.
Article 12 (Suspension of the Service, etc.)
1.We may suspend or interrupt all or part of the provision of this service without prior notice to the registered user in any of the following cases:
- (1) When periodic or emergency inspection or maintenance work on the computer system related to this service is performed.
- (2) When computers, communication lines, etc., have been halted due to an accident.
- (3) When the operation of this service becomes impossible due to force majeure such as earthquakes, lightning strikes, fires, wind and flood damage, power outages, natural disasters, etc.
- (4) When our assets have been stolen by hacking or other means.
- (5) When an abnormality occurs in the system necessary for providing this service.
- (6) When conducting investigations into fraudulent use of accounts, etc.
- (7) When the liquidity of the cryptocurrency decreases.
- (8) In other cases where we deem it necessary to stop or interrupt the service.
2.We reserve the right to discontinue all or part of this Service at our discretion. In such a case, we will provide prior notice to the registered users.
3.In accordance with the above clause, if the previously notified deadline for selling and refunding the cryptocurrency related to service termination has passed, we may sell the user's respective cryptocurrency at a time we specify. If the registered user has registered a bank transfer account, we may refund the Japanese yen to the said bank account, deducting any withdrawal fees and other related charges, at a time specified by us.
4.We bear no responsibility for any damage caused to the registered user based on the measures taken by us under this clause.
Article 13 (Ownership of Rights)
1.All ownership and intellectual property rights relating to our website and this Service belong to us or to those who have granted us a license. The license to use this Service, which is stipulated in these Terms and Conditions, does not imply a license to use the intellectual property rights of us or those who have granted us a license relating to our website or this Service. Registered users shall not engage in any act that may infringe the intellectual property rights of us or those who have granted us a license for any reason (including, but not limited to, reverse assembly, decompiling, and reverse engineering).
2.The Company retains the right to freely use, at no cost, any text, images, videos, or other data posted or transmitted by registered users on our website or through this Service. This includes, but is not limited to, copying, duplicating, modifying, re-licensing to third parties, and all other uses.
3.Registered users agree not to exercise their moral rights against us and those who have succeeded or been granted rights from us.
Article 14 (Exclusion of Antisocial Forces)
1.The registered user declares and guarantees that they do not currently fall under any of the categories of organized crime groups, members of organized crime groups, those who have not passed five years since they ceased to be members of organized crime groups, quasi-members of organized crime groups, enterprises related to organized crime groups, racketeers, etc., social movements or special intelligence violent groups, etc., or any other equivalent (hereinafter referred to as "organized crime group members, etc."), and that they will continue not to fall under these categories in the future. Furthermore, they declare and assure that they do not and will not fall under any of the following categories:
- (1) Being in a relationship that is recognized as being dominated by the management of organized crime group members, etc.
- (2) Being in a relationship that is recognized as having substantial involvement in the management of organized crime group members, etc.
- (3) Being in a relationship that is recognized as improperly using organized crime group members, etc., such as for the purpose of achieving illicit gains for oneself, one's company, or a third party, or for the purpose of inflicting damage on a third party.
- (4) Being in a relationship that is recognized as being involved in providing funds or conveniences to organized crime group members, etc.
- (5) Having a relationship that should be socially condemned with organized crime group members, etc., where the person involved is an officer or substantially involved in the management.
2.Registered users assure that they will not engage in any of the following acts, whether by themselves or through a third party:
- (1) Violent demands
- (2) Unreasonable demands beyond legal responsibility
- (3) Threatening behavior or use of violence in relation to transactions
- (4) Spreading rumors, using deception, or using force to damage the company's credibility or interfere with the company's operations
- (5) Other actions equivalent to the previous items
3.If it is found that a registered user is a member of an organized crime group, falls under any of the categories listed in paragraph 1, commits any act listed in the preceding paragraph, or has made false declarations concerning the declarations and assurances based on the provisions of paragraph 1, and it is inappropriate to continue transactions with the registered user, the registered user will lose the benefit of the term of any and all debts to our company upon demand and will immediately repay the debt.
4.Even if damage is incurred by the registered user due to the application of the provisions of the preceding paragraph, the user shall not make any claims against our company. Also, if damage is incurred by our company, the registered user shall assume the responsibility.
Article 15 (Cancellation of Registration, etc.)
1.The Company may temporarily suspend the use of the Services by a Registered User, cancel the registration of a Registered User, and terminate the service usage contract without prior notice or demand, if the Registered User falls under any of the following circumstances:
- (1) If the Registered User has violated any provision of these Terms and Conditions
- (2) If false information has been detected in the registration data, or if the Company reasonably suspects potential falsities.
- (3) If the Services are used, or attempted to be used, for purposes or in manners that may cause damage to the Company, other Registered Users, or other third parties
- (4) If the operation of the Services has been obstructed by any means
- (5) If payment has been stopped or become insolvent, or if proceedings such as commencement of bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or the like have been initiated or similar proceedings have been initiated
- (6) If a resolution has been made to discontinue, change, transfer, or dissolve the business
- (7) If a dishonor has been received for a bill or check issued or accepted, or if trading has been suspended by a bill exchange office or other similar measures have been taken
- (8) If a request has been made for attachment, provisional attachment, provisional disposition, compulsory execution, or auction
- (9) If delinquency disposal for taxes and public dues has been received
- (10) In case of death
- (11) If there is no response to inquiries or other communications requiring a response from the Company for 30 days or more
- (12) If it falls under any of the items of Article 15, Paragraph 1 or Paragraph 2
- (13) If the Registered User has behaved in a manner that is socially inappropriate to the Company or its employees
- (14) If the Registered User does not comply with the request for identity verification from the Company
- (15) If the Company has judged that there is a high risk of money laundering, etc.
- (16) If the Registered User (including the person in charge of transactions for a corporation, representative, and actual controller) comes to reside in a country where the Services are not provided, or if the Company has judged that the user resides in such a country (if it is found that the user has stayed in the said country for a certain period, transactions may be restricted)
- (17) In any other cases where we judge that it is not appropriate to continue registration as a registered user
2.If any of the reasons stated in the preceding paragraph apply, the Registered User shall naturally lose the benefit of the term for all debts owed to the Company and must immediately pay all debts to the Company.
3.In case any of the reasons in Article 1 apply, and in case of cancellation of registration, the Company may, at a time specified by the Company and without prior notice to the Registered User, sell all cryptocurrency assets held in the user's account. If the Registered User has registered a bank account for transfers, the Company may, at a time specified by the Company, refund Japanese Yen to the said bank account after deducting withdrawal fees and other charges.
4.The Company assumes no responsibility for any damage caused to the Registered User by actions taken by the Company under this article.
5.The Registered User can cancel their registration as a Registered User and terminate the service usage contract by notifying the Company in the manner specified by the Company.
6.Even if the Company temporarily suspends the use of the Services by a Registered User or cancels the registration of a Registered User and terminates the service usage contract under the provisions of this Article (excluding the case in the preceding paragraph), the Company is under no obligation to disclose the reasons to the Registered User. In such a case, the Company is also under no obligation to return any documents or other items received from the Registered User until the time of such suspension or cancellation.
Article 16 (Disclaimer)
1.The Company makes no warranty whatsoever regarding the value, functionality, usage location, and purpose of the cryptocurrency. Furthermore, the Company does not guarantee any matter not stipulated in this Agreement to the Registered User.
2.The Company provides a service that offers a marketplace for the buying and selling of cryptocurrency and makes no guarantee whatsoever that there are no causes to hinder the conclusion or validity of the established sales contract, including invalidity, cancellation, or dissolution.
3.The Registered User shall investigate whether the use of this service violates applicable laws, internal rules of industry groups, etc., at their own responsibility and cost. The Company does not guarantee that the use of this service by the Registered User complies with the applicable laws, internal rules of industry groups, etc.
4.The Registered User shall resolve and settle any transactions, communications, disputes, etc., that arise between the Registered User and other Registered Users or third parties in relation to this service or the Company's website, at their own responsibility.
5.The Company does not guarantee that there will be no interruption, suspension, termination, unavailability, or changes in the provision of this service by the Company. Also, the Registered User shall handle and resolve the deletion or disappearance of messages or information by the Registered User, the cancellation of registration by the Registered User, the loss of data, or the failure or damage of equipment, etc., at their own responsibility.
6.The Company makes no guarantee whatsoever regarding websites other than the Company's website and information obtained from them, even when links from the Company's website to other websites, or from other websites to the Company's website, are provided.
7.If the Company determines a significant discrepancy between the displayed rate and the actual rate due to system anomalies or other issues, the Company may refuse to execute or cancel a Registered User's cryptocurrency orders. The method of cancellation and correction of confirmations in such processing, the amount for profit and loss adjustments, etc., shall be based on the Company's reasonable discretion, and the Company shall notify the Registered User as promptly as possible.
8.The Company makes no guarantee whatsoever that there will be no future enactment or change in laws, ordinances, regulations, rules, orders, directives, ordinances, guidelines, and other regulations (hereinafter referred to as "Laws, etc.") or related tax systems including consumption tax, with respect to cryptocurrency.
9.The Company makes no guarantee whatsoever that no damage will occur to the Registered User, even if the effectiveness of the future enactment or change in Laws, etc., or related tax systems including consumption tax, with respect to cryptocurrency, is retroactive.
10.The Company makes no guarantee whatsoever regarding the value, stability, and legality of the cryptocurrency itself.
11.The Company shall not be liable for any loss caused by delays in transmission or cancellation of transmission due to discrepancies, doubts, etc. in the sender or receiver information, including the address entered by the Registered User when sending cryptocurrency.
12.Notwithstanding the provisions of the preceding paragraphs, if the Company is held liable for damages to the Registered User (limited to individuals, excluding those who enter into a contract for business or for business purposes) due to a cause attributable to the Company arising from the services provided by the Company, except in the case of the Company's intentional or gross negligence, the range of damage compensation the Company bears will be limited to actual damages directly caused by the Company's actions, and furthermore, it will be capped at the total amount of fees actually received from the Registered User over a one-month period from the time the cause of damage occurred, as stipulated in Article 7, Paragraph 1.
13.Notwithstanding the provisions from Paragraph 1 to Paragraph 10, even if damages occur to the Registered User (limited to those who become parties to the contract for business or for business purposes, excluding cases where the Consumer Contract Act applies) due to the services provided by the Company, the Company shall not be held liable for such damages, except in cases where the Company has intentional or gross negligence.
Article 17 (Confidentiality)
1.In these Terms, "Confidential Information" refers to all information about the Company's technology, business, operations, finances, organization, and other matters that the Registered User has been provided or disclosed in writing, orally, or through recording media, or has come to know in relation to these Terms or this Service. However, the following shall be excluded from Confidential Information:
- (1) Information that was already publicly known, or was already known to the Registered User at the time it was provided or disclosed by the Company or at the time it was learned.
- (2) Information that became publicly known through publications or other means due to reasons not attributable to the Registered User after being provided or disclosed by the Company or after being learned.
- (3) Information that was legally obtained from a third party who had the authority to provide or disclose the information without being subject to a duty of confidentiality.
- (4) Information that was independently developed without using the Confidential Information.
- (5) Information that has been confirmed in writing by the Company as not requiring confidentiality.
2.Registered Users shall use the Confidential Information only for the purpose of using the Service and shall not provide, disclose, or leak the Company's Confidential Information to a third party without the prior written consent of the Company.
3.Notwithstanding the provisions of Paragraph 2, Registered Users may disclose Confidential Information based on laws, court orders, or requests or demands from government agencies. However, if such order, request, or demand is received, the Registered User must promptly notify the Company to that effect.
4.If requested by the Company, Registered Users must promptly, and without delay, return or dispose of the Confidential Information, as well as all documents and other recorded media that contain or include the Confidential Information, and all copies thereof, in accordance with the Company's instructions.
Article 18 (Changes to the Terms and Conditions)
1.The Company reserves the right to make changes to the content of this Service at our discretion.
2.The Company reserves the right to make changes to the content of this Service at our discretion.
3.When the Company makes changes to these Terms and Conditions, we will notify users about the changes, what they entail, and when they will take effect. If a registered user continues to use our Services after the effective date of the changes, or if the user does not cancel their registration within the time period specified by us, it will be deemed that the user has agreed to the changes in these Terms and Conditions.
Article 19 (Notifications and Contacts)
1.Any inquiries or communications from registered users to us related to this Service, and notifications or communications from us to registered users such as changes in these Terms and Conditions, will be conducted in the manner prescribed by us.
Article 20 (Transfer of Contractual Status in the Service Agreement)
1.Without the Company's prior written consent, registered users may not transfer, assign, pledge, or otherwise dispose of their status under the Service Agreement or their rights or obligations under these Terms and Conditions to a third party.
2.If the Company transfers its business related to this Service to another company, it may also transfer its status in the Service Agreement, its rights and obligations under these Terms, and customer information including registered user's registration information, to the successor. It is considered that the registered user has already agreed to such a transfer in this clause. This clause includes not only ordinary business transfers but also company splits and other cases where the business is transferred.
Article 21 (Severability)
Even if any provision or part of the provision of these Terms is deemed invalid or unenforceable due to the Consumer Contract Act or other laws, the remaining provisions of these Terms and the remaining part of the provision deemed partially invalid or unenforceable shall remain in full force and effect.
Article 22 (Governing Law and Jurisdiction)
These Terms will be governed by and interpreted in accordance with Japanese law. Any disputes arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or Tokyo District Court as the court of first instance.
Article 23 (Consultation)
If there are any matters not stipulated in these Terms or if there is any doubt about the interpretation of these Terms, both us and the registered user shall discuss promptly to resolve the issue, in accordance with the principles of good faith and honesty.
June 30, 2023
Liberty Exchange Co., Ltd