- If the User is a minor, the User must obtain the consent of his or her legal guardian before using the Services.
Article 2 Eligibility for Use
- The Service is limited to the members who have registered and qualified by “Zaif”, the cryptocurrency exchange, provided by Tech Bureau.
- If the User who has been disqualified as a member of the Service, Tech Bureau shall be able to terminate the use of the Service of the User and cancel the application.
Article 3 Specification of Service, Basic Contract Relation, and License
2. Contract Relation Relating to Transactions on the Services(1)The purpose of the Services is for “Tech Bureau Europe SA (the “Seller”)” who has established law under Swiss Federation to provide the cryptocurrency motif watches (the “Product”) of a Swiss watch brand, Chronoswiss (the “Manufacturer”), to the User, and the User to trade the consideration for the Product with the cryptocurrency to the Seller by transacting (the “transaction”).
(2)In the Services, the Company receives consignment from the Seller, compiles the purchase of orders, also keeps in custody of the User’s cryptocurrency which is consideration for the Transaction in order to deliver to the Seller on behalf of the User, and to support in order to conclude the transaction, however, the Company does not stand as the parties under the law relationship on the trading. The parties on the Transaction are the Seller and the User.
(1)The functions and specifications of the Services are as stated in (4) below and as posted on the Website.
- The Services are not guaranteed to continue indefinitely.
- The Company may modify the specifications of the Services from time to time.
- The Company make no guarantee that the data sent by Users upon using the Services will be reliably stored by use on an indefinite basis. Users are required to make their own backups of any important data that they do not wish to lose.
- Events may occur due to which it becomes impossible or difficult to continue providing the Services due to telecommunication environment faults, natural disaster, fire, war, acts of terror, or other reasons, and [in such case] we may suspend or terminate all or any part of the Services or our systems without giving Users notice in advance.
- The Company may suspend or terminate all or any part of the Services or our systems without giving Users notice in advance for purposes such as performing maintenance (such as management and maintenance of systems) or performing upgrades to improve system function.
- The Company make every effort to ensure security, such as the Services not containing harmful content and security measures being effective, but we do not guarantee that the Services are secure or complete, or that they are free of bugs or defects.
- The User may apply to the Transaction through the bidding method under the Services according to the prescribed method by the Company.
- The application on the bidding method by the User is considered to be an application on the Transaction, therefore, it does not guarantee the formation on the Transaction between the User and the Company under certain conditions.
- Each cryptocurrency motif watch has its auction term and is determined by the Company. These term will be posted on the Website.
- The User cannot withdraw or make a cancellation on the application on the Transaction which has been already been bid after the termination of the bidding. The Company shall terminate the acceptance on the bidding at the designated time in which the Company determines.
- The Seller will make a decision whether to accept the application from the User under the prescribed time period and conditions.
- If the Seller decides to accept the application from the User, under the prescribed time period and method, the Seller sends notice to the User stating the acceptance on the application, and when the notice is sent it concludes that the Transaction is formed.
- If the Transaction is formed by the Seller, the amount of the cryptocurrency for the consideration on the Product follows the amount of the cryptocurrency which the User has applied in the bidding method. The conditions are provided in the following Article.
- The Seller will send the Product of the formed Transaction to the User within the three month after the formation of Transactionbefore the end of June 2018 to the address provided by the User.
- The Seller will handle the cost on the shipment to send the Product, as well as the cost occurred in order to transact the cryptocurrency on the consideration for the Product.
- Any returns cannot be accepted due to the User’s excuse no matter the reason is.
- The ownership of the Product is handed over when the product is delivered to the User from the Seller. The cryptocurrency as the consideration for the Product, as it is mentioned in the previous Article, the Company will keep in custody after the termination on the bidding, and the right of control for the applied cryptocurrency is handed over to the Seller from the User once the Transaction is formed. The cryptocurrency which the Company keeps on custody will be returned to the User from the Seller when the Seller decides not to accept the application and decides not to form the transaction. For other reasons, the Company will not return the cryptocurrency to the User.
- All dangers such as a loss or a damage of the Product, it will be transferred to the User from the Seller with the delivery.
- The specifications of the Product is as shown as on http://blockchain.chronoswiss.com/ (following pages).
- If there is a defect on the Product, the Product shall be repaired or exchange with a Product without a defect, or the refund on the cryptocurrency will be held due to the termination on the Transaction, under the decision of the Seller.
- In case of disfunction on the Product after the purchase, it will be covered under the 2-year warranty by the Manufacturer. Please refer https://shop.chronoswiss.com/en_ch/agb for the warranty conditions.
- If Users who live in outside of Japan design the shipment address outside of Japan, customs duty may be generated during the shipment on the Product. In such case, the User will pay to the Seller of the full amount equivalent to the amount the Seller has paid. Additionally in such case, the product will be shipped with the condition that user pay to the Seller of the full amount equivalent to the amount of customs.
- The applicable law on the Transaction shall be based on the Japanese law and the lawsuit related to the Transaction shall be Tokyo District Court.
- Activities that violate law or ordinance.
- Criminal activities.
- Activities that infringe the rights or interests of the Company, our officers or employees, sponsors, other Users, or other persons associated with us.
- Activities that infringe intellectual property rights, image rights, rights of privacy, reputation, or other rights or interests of the Company or other Users of the Services or any other third party (including activities causing these infringements directly or indirectly).
- Activities relating to money laundering or activities similar to this, activities relating to criminal activities, or activities that violate public policy.
- Depositing money for purposes other than to engage in transactions using the Services.
- Activities that constitute a redundant transfer of cryptocurrency or attempting to engage in such activities.
- Using or attempting to use the Services for a purpose or method that is likely to cause damage to us, other Users, or any other third party.
- Engaging in behavior toward us or our employees that is inappropriate in light of general societal norms.
- Exploiting errors, bugs, security holes, or other defects in software of the Services.
- Activities such as sending computer viruses or other malicious codes to our administration servers.
- Activities that destroy or obstruct the functions of our administration servers, hardware or network, or impose an unnecessarily excessive burden thereon.
- Activities that, regardless of the means thereof, are likely to hinder the operation of the Services.
- Using the Services for illegal purposes.
- Activities that obstruct the Services or services other than the Services.
- Making preparations to engage in, or starting to engage in, any of the foregoing activities.
- Any activities that are similar to the foregoing and are contrary to the main purposes of the Services.
- Activities that violate the representations and warranties in Article 9.
- We may, without notifying Users in advance, suspend or termination provision of all or part of the Services if;
- we conduct regular or urgent inspection or maintenance of a computer system related to the Services;
- a communication line, a means of communication, a computer, or the like shuts down due to a fault;
- operation of the Services becomes impossible due to a fire, power failure, natural disaster, war, terrorism, or any other force majeure;
- assets managed by us are stolen or otherwise unlawfully withdrawn or transferred through hacking or any other means;
- a system necessary to provide the Services becomes defective;
- we are to investigate unauthorized use or the like of user accounts;
- it is suspected that a criminal act has been conducted in light of information provided by an investigative agency or the like stating to the effect that the Services have been used for a criminal act, such as fraud, or in consideration of other similar circumstances;
- or, we otherwise judge that it is necessary to suspend the Services.
- We may terminate the provision of all or any part of the Services at our convenience. In that case, we shall notify Users in advance.
- We are not liable for any damage incurred by a User resulting from a measure taken by us under this Article 8.
- The User represents and warrants to us that none of the User itself, its officers, or its employees constitute an Anti-Social Force (as defined in Paragraph 2) and none of them have, either directly or indirectly, interacted with, provided funds or benefits to, transacted with, or otherwise been involved, with an Anti-Social Force; the User guarantees that such situation will continue in the future, and warrants and guarantees that the User does not now, and will not in the future, engage in, either by itself or by using a third party, any Anti-Social Acts (as defined in Paragraph 3).
- “Anti-Social Forces” as prescribed in the preceding paragraph means a person or entity falling under any of the following:
- an organized crime group;
- an organized crime group member;
- a person for whom a period of five years has not elapsed since that person was an organized crime group member;
- a quasi-member of an organized crime group;
- a corporation affiliated with an organized crime group;
- a shareholder meeting extortionist (sokaiya) or the like;
- a corporate extortionist acting under the guise of a social movement or political activity (shakai undo-to hyobo goro);
- a group or individual that in the context of having a relationship with an organized crime group plays a key part in structural injustice using force or through a financial connection with an organized crime group (tokushu chino boryoku shudan to);
- any other person or entity similar to those provided for in i. through viii. above;
- or, any person or entity who interacts or is in any way involved with a person or entity listed above, such as by cooperating or being involved in the maintenance, operation, or management of a person or entity listed above by means of financing or otherwise.
- “Anti-Social Acts” as prescribed in the preceding paragraph means an act falling under any of the following;
- a violent demand;
- an unjust demand that exceeds the legal liability of that demand’s recipient;
- use of threatening language, behavior, or violence in connection with a transaction;
- spreading of rumors or use of fraudulent means or force to damage our reputation or to obstruct us;
- or, any other act similar to those provided for in i. through iv. above.
- If a User falls under any of the following events, we may, without making prior notice or demand, suspend that User from using the Services, cancel that User’s registration, for the Services, suspend that User from using, or cancelling that User’s registration for, other services provided by us that are not part of the Services, or take other measures which we deem necessary and appropriate.
- If all or part of the registration information provided to us by the User is false, inaccurate, or incomplete;
- If a payment of the User is suspended, if the User becomes insolvent, or if there is a serious doubt regarding the User’s credit status;
- If a note or a check that was drawn or underwritten by the User is dishonored or the User is subject to disposition to suspend transactions with a clearinghouse or other similar disposition;
- If a petition is filed in respect of the User by itself or a third party for commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation, or commencement of similar proceedings;
- If a petition for provisional seizure, provisional disposition, attachment, compulsory execution, or auction is filed against the User;
- If the User is subject to disposition for non-payment of taxes or duties;
- If the User dies if a ruling is issued against the User for commencement of guardianship, commencement of curatorship, or commencement of assistance, or if the User is a minor, an adult ward, a person under curatorship or a person under assistance and engages in membership registration or other transactions with us without obtaining the consent of his or her statutory agent, guardian, curator, or assistant;
- If we pass a resolution for merger, dissolution, capital reduction, or assignment of all or a material part of its business;
- If the User has not used the Services for three months or more since the last time it used the Services and does not respond when contacted by us;
- If the User cannot be reached by us via e-mail or telephone;
- If the User breaches Paragraph 1 of Article 7;
- If the User breaches Paragraph 1 of Article 9
- If we otherwise judge that it is inappropriate to continue the User’s registration;
- or, If we reasonably judge that any of the events i. through xiv. is likely to occur.
- If a User falls under any of the items described above, the liabilities owed to us by that User will automatically become due and the User shall immediately pay all of its liabilities to us.
- We are not liable for damage incurred by the User due to our conducting an act under this Article 10.
- Each User may, by notifying us by the method prescribed by us, temporarily suspend its use of the Services or cancel its registration.
- Even if a User has temporarily been suspended from using of the Services or has had its registration cancelled in accordance with the provisions of this Article 10, we are not liable to return documents, etc., that were received from that User up to the time of such suspension or cancellation.
- Each User must research at his or her own responsibility and expense whether his or her use of the Services violates any laws or regulations, etc., internal rules of industry bodies, or the like that are applicable to the User, and we make no warranty as to whether the use of the Services by the User is in compliance with the laws or regulations, etc., internal rules of industry bodies, or the like that are applicable to the User.
- We bear no liability to compensate for interruption, suspension, termination, inaccessibility, or changes to the provision of the Services by us, deletion or erasure of messages or information of the User, cancellation of User registration, erasure of data pertaining to the use of the Services, or fault or damage to devices, or for any damage incurred by a User in connection with the Services.
- We will not be liable to compensate for any damage incurred by a User due to the future establishment or amendment of any law, cabinet order, regulation, rule, order, notice, prefectural or municipal ordinance, guideline, or other regulation concerning virtual currency (“Law or Ordinance”), or of any relevant tax systems (including consumption tax).
- We will not be liable to compensate retrospectively for any damage incurred by a User due to the future establishment or amendment of Law or Ordinance concerning virtual currency or of any relevant tax systems (including consumption tax) becoming retrospectively effective.
- Except where due to willful misconduct or gross negligence by us, our representatives, or our employees, any liability of us to compensate for damage based on non-performance of obligations by us or our officers, based on tort, or based on another cause will be limited to the lower amount of either the equivalent market value of when the transaction has been proceeded or 1,000,000 JPY which has already paid to the us by the User upon using the Services.
- We will respect the privacy of Users and take the utmost care to ensure the security of the information we collect from Users in order to manage it safely.
- The Tokyo District Court shall have exclusive jurisdiction as the court of first instance for any dispute arising out of or in connection with the Services.
(2)The Users hereby agree in advance that we may modify the specifications of the Services from time to time at our own discretion.
(3)Users hereby acknowledge that the specifications of the Services may be modified from time to time, and must confirm the posted content prescribed in (1) above on a timely basis.
(4)The specifications of the Services are as follows. Users must understand each of the following specifications and hereby agree to them in advance.