English translation is provided for convenience purposes only. The Japanese version of this document shall be regarded as the official version. In the event of a dispute, the Japanese language version shall prevail.
The Terms of Use (hereinafter referred to as the “Terms”) set forth the matters to be observed by the Registered Users as well as the rights and obligations of Montex. (hereinafter referred to as the “Company”) and the Registered Users with respect to the use of the sale or purchase of Virtual Currency and other related services provided by the Company. Every user desiring to register for the services will be required to read through the entire text of the Terms carefully before agreeing thereto.
1. The Terms shall define the rights and obligations of the Company and the Registered Users (as defined in Article 2), and shall apply to any relationship between the Company and the Registered Users with respect to the use of the Service (as defined in Article 2).
2. The rules and regulations concerning the Service which may be posted by the Company on the Website (as defined in Article 2) from time to time shall constitute part of the Terms.
For the purposes of the Terms, the following terms shall have the meanings ascribed to them as follows:
1. “Intellectual Property Rights" means copyrights, patents, utility model rights, trademark rights, all rights to data (including transaction price data retrievable via APIs), documents, databases, websites, graphics, software, applications, programs, and code (including but not limited to chat posts, the contents of Company emails, etc.), which have been developed or provided by the Company or an affiliate of the Company, as well as any other intellectual property rights including, without limitation, the rights to acquire these rights or to file an application for the registration of any of such rights.
2. “Website” means the website on the Internet operated by the Company with the domain of montex.market, irrespective of device, including, without limitation, the new website in cases where the domain or contents of the Website are changed.
3. “Applicant” means the “Applicant” defined in Article 3.
4. “Registration Information” means the “Registration Information” defined in Article 3.
5. “Registered User” means an individual or a corporation who is registered as a user of the Service in accordance with the provisions of Article 3.
6. “Service” means the service of the sale or purchase of Virtual Currency on the services named “Montex Market” (hereinafter collectively referred to as the “Market”), and other related services provided by the Company including, without limitation, the new service in cases where the name or contents of the Service are changed.
7. “Service Agreement” means the agreement to be executed between the Company and the Registered User pursuant to Article 3.3 with respect to the use of the Service under the provisions of the Terms.
8. “Virtual Currency” means Virtual Currency handled by the Company.
1. Any person who desires to use the Service (hereinafter referred to as the “Applicant”) may apply to the Company for registration as a user of the Service by agreeing to abide by the Terms and providing the Company with the information required by the Company (hereinafter referred to as the “Registration Information”) in a manner specified by the Company.
2. The Applicant represents and warrants that he/she was not in the past, is not in the present, and will not in the future be any of the following:
3. The acceptance or rejection of applications for the registration will be determined by the Company in accordance with the criteria established by the Company. The registration of an Applicant as a Registered User shall be deemed to have been completed when the Company issues to the Applicant a notice stating that the application has been accepted. The Company is not obligated to disclose details regarding the application review process, even in the event that the Applicant was rejected. Furthermore, regardless of acceptance or rejecition of registration, the Company is under no obligation to return documents, etc. received from the Applicant.
4. The completion of the registration under Article 3.3 constitutes the execution of the Service Agreement between the Registered User and the Company with respect to the use of the Service in accordance with the provisions of the Terms, whereby the Registered User shall be entitled to use the Service in such a manner as specified by the Company from the date of the completion of the registration.
5. The Company may reject the Applicant's registration if:
1. In the event of any change in the Registration Information, the Registered User shall promptly notify the Company of such change in accordance with the procedure specified by the Company and submit to the Company the required information.
2. The Registered User shall, without fail, notify the Company in writing if he/she is or becomes a PEP (politically exposed person) or relative of a PEP.
3. The Company is not responsible for damages incurred by the Registered User in the event that the Registered User neglects or delays reporting the changes detailed in Article 4.1 and Article 4.2.
1. The Registered User shall be fully responsible for the settings, security and safekeeping of his/her password (hereafter defined as including but not limited to login password, authentication codes, PINs, etc.) and user ID (hereafter including but not limited to his/her login ID, account ID, etc.) and the Registered User shall not cause or permit any third party to use the password or user ID nor shall he/she loan, assign, or cause to be owned in the name of another person or to be sold or purchase the password or user ID or otherwise cause the password or user ID to be an object of any activity similar to the foregoing.
2. Use of the Service by a third party with the Registered User's password and user ID is deemed as use of the Service by the Registered User. The Registered User is responsible for damages incurred in the event that the Registered User’s password or user ID are mismanaged, wrongfully or improperly used, leaked, used by a third party, stolen, etc. (regardless of whether the Registered User himself/herself entered the information, the Company confirms that the password and user ID match for use of the Service (for example, if the Registered User’s email was hacked and the same User ID and Password are used for other services)); the Company is not responsible.
3. In cases where the password or user ID are found to be stolen or used by a third party, the Registered User shall immediately notify the Company to that effect and follow the instructions provided by the Company.
1. When using the Service, the Registered User shall pay fees and other service charges separately determined by the Company.
2. In the event that the Registered User fails to pay the required fees, the Registered User shall pay to the Company 14.6% per annum of the unpaid amount as default interest.
3. Registered Users who do not reside in Japan may be charged an additional fee separately, specified by the Company.
4. If the Registered User does not pay the necessary payment or fees by the due date specified by the Company and the obligation of the Registered User to the Company remains, the Company shall be able to offset the obligation or any claim the Registered User has to the Company or any other claim without prior notice, regardless of the deadline of the claim. In doing so, the Company may, at any time and without prior notice, cancel payout of the Registered User's money or Virtual Currency, cancel orders, dispose of holding assets, settle the open interest by countertrading, exchange currency at the Company's arbitrary rate, etc. as judged necessary by the Company. The Company is not responsible for any losses, etc. caused by offsetting and/or this process.
5. In the event of an offset as described in the preceding clause, the Company shall decide, at the Company’s own discretion, the credit liability interest, calculation of the penalty, period and date of executing the offset, interest rate, tariffs, and foreign currency or Virtual Currency exchange rates. In the event that the Registered User’s offset is unable to fulfill all obligations, the Company may allocate the available offset as the Company deems appropriate.
1. During the period of valid registration as a Registered User, the Registered User shall have the right to use the Service in such a manner as directed by the Company in accordance with, and within the scope of, the Terms. Upon use of this Service, the Registered User confirms that he/she has carefully read and reviewed the terms and conditions of the Terms as well as the written explanations and information regarding risks provided on the Company's website, and the Applicant confirms that he/she understands the contents (including the purchase/sale of Virtual Currency), the workings, and the risks related to using this Service.
2. The Registered User shall, as his/her own cost and responsibility, prepare and maintain computers, software and other devices, and telecommunication lines and other communication environments which are necessary to use the Service.
3. The Registered User shall, as his/her own cost and responsibility, prepare and maintain security systems suitable for the Registered User’s environment for use of the Service to avoid computer virus attacks, unauthorized access, information leakage, etc.
4. The following are the terms and conditions applied to purchases and sales on Market.
5. The usage conditions concerning the deposit of money or Virtual Currency and the withdrawal of money or Virtual Currency from Registered Users' accounts are as follows:
1. The Registered User shall be prohibited from engaging in any of the following activities with respect to the use of the Service:
2. In cases where the Company determines that any act of the Registered User falls or is likely to fall under any of the items of Article 8.1, the Company may, at its sole discretion, delete all or part of such information transmitted by the Registered User, suspend or cancel the account of the Registered User or, in addition to the process specified in Article 6.4, confiscate money or Virtual Currency owned by the Registered User without any prior notice to such Registered User. In such case, the Company shall not be obligated to return any documents, etc., received from the Registered User. The Company is not responsible for any damages incurred by the Registered User as a result of any action taken by the Company pursuant to Article 8.2.
3. The Company is not responsible for any damages incurred by the Registered User in the event that the Registered User performs any of the acts outlined in Article 8.1. In the event that the Registered User performs any of the acts outlined in Article 8.1, any damages incurred by the Company are the responsibility of the Registered User.
1. In the event of any of the following circumstances, the Company shall reserve the right to permanently discontinue or temporarily suspend all or part of the use of the Service for all or some users without prior notice to the Registered User:
2. The Company may, at its own discretion, terminate the provision of the Service. In this case, the Company shall give prior notice to the Registered User.
3. The Company may terminate the provision of the Service depending on the inventory status of the Virtual Currency of the Company without any prior notice to the Registered User.
4. The Company is not responsible for any damages incurred by the Registered User as a result of any action taken by the Company in accordance with this Article.
In cases where at the commencement of or during the use of the Service the Registered User installs software or programs from the Website into his/her computers by way of downloading or other means, the Registered User shall exercise due care in order to prevent the loss or alteration of the information held by it, or any fault or damage to his/her equipment. The Company shall not be responsible or liable for such loss or damage incurred by the Registered User.
1. All ownership rights and Intellectual Property Rights in and to the Service and the Website shall vest in the Company or its licensors, and the use of the Service permitted through the registration under the Terms shall not be construed as granting any license with respect to the Website or the Service under any Intellectual Property Rights held by the Company or its licensors. The Registered User shall not, for any reason, perform any act which would infringe any Intellectual Property Rights of the Company or its licensors, including, without limitation, disassembling, decompiling, or reverse engineering. 2. The Registered Users shall grant to the Company the non-exclusive, sublicensable and royalty-free license to copy, reproduce, modify or otherwise use in all forms the texts, graphics, videos and other data uploaded or transmitted in the Website or the Service by the Registered User.
1. The Company may temporarily suspend the use of the Service by the Registered User or cancel the registration of the Registered User without any prior notice if:
2. In cases where the Registered User falls under any of items of Article 12.1, any and all monetary debt of the Registered User to the Company shall become forthwith due and payable, and the Registered User shall immediately pay such monetary debt.
3. The Company shall not be responsible or liable for any damage incurred by the Registered User as a result of any action taken by the Company in accordance with the provisions of this Article.
4. The Registered User may cancel his/her registration as a Registered User by notifying the Company in accordance with the procedures specified by the Company.
5. For account cancelation due to any reason in Article 12.1 or account cancelation due to other reasons, the Company is not required to contact the Registered User in advance, the Company is not required to obtain permission from the Registered User, on the Registered User’s behalf and the Company’s discretionary timing, the Company may perform a disposal by sale or other method to sell off the Registered User’s Virtual Currency balance, partially or in entirety, and any remaining positions with margin deposits may be settled by a counter-sale if possible. The Registered User is responsible for any expenses incurred in this process.
6. When canceling the Registered User’s account, if the Registered User has insufficient funds or other liabilities, the Registered User must pay immediately. If the Registered User’s bank account is registered and approved, and the amount in the Registered User’s account has a balance that exceeds the withdrawal fees, the amount of money will be withdrawn from the Registered User’s registered bank account less the corresponding withdrawal fees.
7. Regardless of Article 12.5 and 12.6, if the money, Virtual Currency, etc., held by the Registered User is used for transferring profits gained through criminal activity, related to criminal actions, or under suspicion of connection to criminal activity, the Company will not return the corresponding Registered User’s money, Virtual Currency, etc., and confiscation or other necessary measures pursuant to Article 8.2 shall be enforced.
1. The Company makes no warranty and does not assume any liability, including, without limitation, warranty against defects with respect to the sale or purchase of Virtual Currency, other related services, or the value, function, stability, availability and usage of Virtual Currency. Except as expressly provided for in the Terms, the Company makes no other warranties to the Registered User even in cases where the Registered User has acquired from the Company, directly or indirectly, any information concerning the Service or other Registered Users.
2. The Company provides the service of the sale of Virtual Currency, and the service which provides a place where Registered Users may exchange Virtual Currency with each other, and the Company is not obliged to establish sales agreements. Therefore, the Company is not responsible for any damages incurred by the Registered User resulting from failure of establishment of a sales agreement or invalidity, rescission, cancellation or any other event which interrupts establishment or validity of the sales agreement between the Registered Users. The Company is not responsible if, as a result of an input error and/or other such actions by the Registered User; the breakdown or failure of transmission and/or system equipment of the Registered User, the Company, or a third party; a system error or other issues in operational status; a natural disaster; a cyberattack; or any other cause, the Company suspends or restricts all or part of the Service, the Registered User's orders becomes invalid, an unintentional execution results or no execution is made, execution of the Registered User's order is delayed, or an unintentional order is executed. The Registered User assumes responsibility when using the Service and the Company's website.
3. The Registered User shall investigate at his/her own expense and responsibility to determine whether or not his/her use of the Service will violate any law or regulation applicable to the Registered User or the internal rules of the entity of which the Registered User is a member, and the Company makes no warranty that the use of the Service by the Registered User will comply with the laws and regulations applicable to the Registered User and the internal rules of the entity of which the Registered User is a member.
4. The Registered User shall, with his/her full responsibility, treat and resolve all transactions, communications, disputes, etc. in connection with the Service or the Website which arise between the Registered User and other Registered Users or other third parties, and the Company is not responsible for these actions.
5. The Registered User is deemed to have consented that a transaction may not complete as intended due to the type of order, market conditions, or other factors. The Company waives all liability for damages sustained by a Registered User or any third party through the results of a transaction.
6. The Company is not responsible for any damages incurred due to the suspension, discontinuation, unavailability or modification of the Service caused by the Company, deletion or loss of any message or information from the Registered User, cancellation of the registration of the Registered User, loss of data or failure of or damage to equipment through the use of the Service, or any other damage incurred by the Registered User in connection with the Service.
7. Even if the Website contains links to and from other websites on the Internet, the Company is not responsible for any websites other than the Website or any information obtained therefrom.
8. The Company shall be able to arbitrarily carry out regulations or restrictions on transactions in the interest of laws, cabinet orders, regulations, ordinances, government directives, official notices, bylaws, guidelines or other rules (collectively, the “Law”), security, or to prevent/investigate irregular/illegal transactions, etc., and the Company is not responsible for any losses or damages caused directly or indirectly by doing so.
9. If the Company rationally decides for any reason, such as system anomaly, that the displayed price is an error or abnormal value (for example, it significantly diverges from prevailing market prices or is based on unfair price formation) the offer price can be invalidated and the Registered User's agreement based on the displayed price can be cancelled. The Company is not responsible for any directly or indirectly resulting loss or damages.
10. The Company shall not be responsible or liable for any damage incurred by the Registered User caused by future amendments of the Law or future amendments of applicable taxation systems including the same for consumption tax.
11. If future amendments of the Law regarding Virtual Currency or applicable taxation systems including the same for consumption tax has a retroactive effect, the Company shall not be responsible for any damages incurred by the Registered User caused by any such retroactive effect.
1. The Registered User shall indemnify and hold harmless the Company from and against any damage incurred by the Company as a result of any breach by the Registered User of any provision of the Terms or resulting in connection with the use by the Registered User of the Service.
2. The Company is not responsible for damages incurred by the Registered User in connection with the Service.
3. The exemptions to responsibility of the Company for damages including Article 14.2 shall be effective only to the extent permitted by the Consumer Contract Act and other applicable laws and ordinances. Additionally, in the event that the Company can not be exempt from responsibility for damages under the Consumer Contract Law or other applicable laws and ordinances, unless there was willful or gross negligence on the Company’s part, the Company is only responsible for an amount equal to the total amount of the actual fees incurred in using the Service during one month before the cause of the damage has occurred.
1. For the purposes of the Terms, “Confidential Information” means any and all information related to technology, business, operation, finance, organization, etc. of the Company which may be provided or disclosed by the Company to, or come to the knowledge of, the Registered User in connection with the Terms or the Service in writing, orally or in storage media, etc., but excluding information (1) which is generally available to the public or known to the Registered User at the time when the information is provided or disclosed by the Company to or comes to the knowledge of the Registered User; (2) which becomes publicly known through publication or otherwise without fault of the Registered User after the information is provided or disclosed by the Company to or comes to the knowledge of the Registered User; (3) which the Registered User has lawfully acquired without any obligation of confidentiality from a third party authorized to provide or disclose the information; (4) which the Registered User has developed independently of the Confidential Information, or (5) which is confirmed by the Company in writing to be excluded from the obligation of confidentiality.
2. The Registered User shall use the Confidential Information of the Company solely for the purpose of using the Service hereunder, and shall not provide, disclose or divulge the Confidential Information of the Company to any third party without the Company’s prior written consent.
3. Notwithstanding the provision of Article 15.2, the Registered User may disclose the Confidential Information of the Company when such disclosure is required by law or by an order, requirement or request of a court or governmental authority; provided, however, that such order, requirement or request shall be promptly notified to the Company by the Registered User.
4. At any time upon request of the Company, the Registered User shall promptly return to the Company or destroy the Confidential Information of the Company and the documents or other storage media containing or including the Confidential Information along with all reproductions thereof in accordance with the instructions of the Company.
The Service Agreement shall become effective on the date of the completion of the registration pursuant to Article 3 in respect of the Registered User, and remain in force and effect between the Company and the Registered User until the termination of the registration during the provision of the Service.
1. The Company reserves the right to make amendments or changes to the contents of the Service without restriction.
2. The Company reserves the right to make amendments or changes to the Terms (including, without limitation, the rules and regulations concerning the Service which may be posted on the Website; the same shall apply hereinafter in this Article). In the event of any amendment or change to the Terms, the Company shall notify the Registered User to that effect. If the Registered User uses the Service, or fails to take steps to cancel the registration within the time specified by the Company after the notice set forth above, the Registered User shall be deemed to have agreed to such amendments and changes made to the Terms.
1. Any inquiries with respect to the Service or other communications or notices from the Registered Users to the Company, or the notices concerning any amendment to the Terms or other communications or notices from the Company to the Registered User shall be made in accordance with the procedures specified by the Company.
2. Pursuant to Article 18.1, when the Company sends reports to customers by email or publication on the Website, the report is effective as of the time that the email was sent and/or published on the Website. When the Company sends a notification by mail to the customer’s home address or office, the notification is effective at the time that the mail was sent.
3. In the event that any notices do not reach the customer or arrive late due to a change in the customer’s address, absence, or any reason that can not be attributed to the Company, the notices will be considered to have arrived at the originally anticipated time.
4. Cancellation of Registered Users shall be made in accordance with the Terms.
1. The Registered User shall not assign, transfer, grant security interests on or otherwise dispose of his/her status under the Service Agreement or rights or obligations under the Terms without the prior written consent of the Company.
2. In cases where the Company has assigned business regarding the Service to a third party, the Company may, as part of such assignment of business, assign to the third-party assignee all or part of its status under the Service Agreement, its rights and obligations under the Terms, and the Registration Information and other information relating to the Registered User, and the Registered User hereby agrees to such assignment in advance. For the purposes of this Article, the assignment of business referred to above shall include, in addition to the usual form of assignment of business, split of the Company or any other form of restructuring of the Company which would result in a transfer of the business.
If any provision of the Terms or part thereof is held to be invalid or unenforceable under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect, and the Company and the Registered User shall endeavor to agree to an amendment thereof to the extent necessary to make such invalid or unenforceable provision or part thereof legally operative in order to achieve the same purpose and same legal and economic effect as originally contemplated by such invalid or unenforceable provision or part thereof.
The provisions of Articles 5.2, 6 (to the extent that the Fee is unpaid), 8.2, 9.4, 10, 11, 12.2, 12.3, 5 through 7, 13 through 15, and 19 through 22 shall survive the expiration or termination of the Terms and remain in full force and effect; provide, however, that Article 15 shall survive only for three (3) years from the expiration or termination of the Terms.
The Terms shall be governed by the laws of Montenegro. Any and all disputes arising out of or in connection with the Terms shall be submitted to the exclusive jurisdiction of the Podgorica District Court in the first instance.
Any matters not provided for in the Terms or those giving rise to any doubts with respect to the interpretation of the Terms shall be promptly resolved through good faith discussions between the Company and the Registered User.