This User Policy (“Policy”) sets forth the matters which any person who intends to conduct exchange transactions of ADA (any transactions in which ADA owned by Attain Corporation Co., Ltd. (“Company”) is exchanged for Bitcoin owned by the Exchanger (as defined below) and any pertaining transactions; “Exchange Transaction”) with the Company (“Exchanger”) must comply with regarding ADA required on CARDANO platform (a democratic application platform processed decentrally by P2P system which is scheduled to be launched in the first quarter of 2017 ) and rights and obligations of the Company and the Exchanger under the Exchange Transaction. Any person who intends to conduct the Exchange Transaction shall read the full text of the Policy before giving consent.
1-1. The Policy intends to set forth rights and obligations of the Company and the Exchanger regarding the Exchange Transaction and applies to any relations regarding the Exchange Transaction between the Company and the Exchanger.
1-2. Any rules and regulations regarding the Exchange Transaction shown on the Company’s website (meaning the website operated by the Company whose domain name is “attaincorp.co.jp” (including amended website thereof if the domain name or any content of the website is changed for any reason) from time to time; the same shall apply hereinafter) will constitute part of the Policy.
2. Exchange for ADA
The Exchanger conducts the Exchange Transaction in accordance with the exchange procedure designated by the Company.
3-1.Any person who wishes to conduct the Exchange Transaction (“Transaction Applicant”) shall consent to comply with the Policy and apply for the registration of an Exchanger with the Company by submitting certain information set by the Company (“Registration Information”) in the manner set by the Company.
3-2.The Company will determine whether the registration of the Transaction Applicant is acceptable in accordance with the Company’s standards. If the Company approves the registration, the Company will notify the Transaction Applicant of such fact, and the registration will be completed upon such notification.
3-3.Rights and obligations pursuant to the Policy will arise between the Company and the Exchanger upon completion of registration prescribed in the preceding Paragraph and the Exchanger will be enabled to conduct the Exchange Transaction in the manner set by the Company.
3-4.If the person who applies for the registration under Paragraph 1 of this Article falls under any of the following categories, the Company may reject the registration:
a. When a false description, an error in writing or omission was found in all or any portion of the Registration Information provided to the Company;
b. When the person is younger than 21 years old;
c. When the Company judged that the person belongs to anti-social forces, etc. (meaning organized crime groups, a member of organized crime groups, right-wing groups, anti-social forces and any other groups equivalent to these; the same shall apply hereinafter) or the person has any interaction with or is involved in the anti-social forces, etc., such as cooperating with or engaging in maintenance, operation or management of the anti-social forces, etc. through funding and other means;
d. When the Company judged that the Transaction Applicant is attempting to conduct the Exchange Transaction for the purpose of money laundering, gambling, operating a gambling house or making profit by gathering gamblers, or selling, brokering or transferring lottery tickets or conducting any other illegal acts, etc.; or
e. Other cases where the Company judged that the registration is not appropriate.
4. Management of Private Key and Password
4-1.The private key of ADA and a password required for conducting the Exchange Transaction, which will be issued on the Company’s website where the Exchanger is registered, will be issued to the Exchanger. The Exchanger shall manage and keep the private key and the password at one’s own responsibility. The Exchanger may not allow a third party to use the private key and the password and shall comply with the following matters so that the private key and the password will not be used by a third party:
a. To set the password which is not easily guessed by a third party;
b. Not to reveal the private key or the password to a third party;
c. To log out and close web browsers if the person accesses the Company’s website from computers or cell phones used by two or more people; and
d. To unlock an easy log-in setting (a function which enables the person to skip the procedure of entering the email address and password when logging in) if the person accesses the Company’s website from computers or cell phones used by two or more people.
4-2. If any Exchange Transaction is conducted with the registered password, the Company shall deem that such transaction is made by the person who made the user registration, and the person who made the user registration will be responsible for all results arising from such use.
4-3. If any damage is caused to the Company or a third party by the unauthorized use of the private key and the password of ADA which the Exchanger holds, the Exchanger shall compensate the Company or the third party for such damage. The Exchanger shall be solely responsible for the management of the Registration Information and the Company shall not be liable for any disadvantages and damages caused by inaccurate or false Registration Information.
4-4. The Exchanger may use ADA within the scope set by CARDANO in accordance with the conditions such as age and usage environment.
5. ADA Exchange Period and Price
5-1. Exchange period and price of ADA will be separately announced on the Company’s website.
5-2. When conducting the Exchange Transaction, the Exchanger shall pay certain transaction fee separately set by the Company. The fee will be separately announced on the Company’s website.
5-3. The Company may change exchange period and price of ADA and also transaction fee at the Company’s discretion.
6. ADA Exchange Site
The Exchanger may conduct the Exchange Transaction only through the exchange system provided by the Company (“Attain System”) during the presale period of ADA (the presale period of ADA is announced on the Company’s website http://attaincorp.co.jp/change/sale/html). No exchange of ADA is allowed in any other ways and the Company is not involved in any exchange transaction conducted in ways other than the Attain System.
7. Implementation of Exchange Transaction
7-1. The Exchanger may conduct the Exchange Transaction only during the period of time when the Exchanger is registered as a valid exchanger, within the scope of the Policy’s purpose and within the scope not violating the Policy, in accordance with the procedures set by the Company.
7-2. Web access is necessary for the Exchanger to conduct the Exchange Transaction. The Exchanger shall prepare and maintain computers, software and other equipment, communication line and other communication environment which are necessary for the Exchange Transaction at one’s own cost and responsibility.
7-3. The Exchanger shall implement security measures such as prevention of computer virus infection, unauthorized access and information leak, at one’s own cost and responsibility, according to one’s computers, software and other equipment, communication line and other communication environment.
7-4. The terms and conditions of the Exchange Transaction are as follows:
a. The Exchanger may order exchange of ADA in accordance with the procedures set by the Company. The exchange price of ADA shall be set by the Company and the Exchanger shall pay such price by Bitcoin. The Exchanger shall raise no objection against these procedures;
b. Contract regarding Exchange Transaction is concluded between the Company and the Exchanger when the Exchanger has fixed the order for exchange of ADA on the Attain System. The Exchanger shall be subject to the relevant terms and conditions when such contract is concluded and understand and agree in advance that no cancellation or return is acceptable thereafter; and
c. If the Exchanger does not make payment within 3 days after conclusion of the contract regarding Exchange Transaction, the contract shall be automatically terminated. The Exchanger shall be responsible for any damages the Company incurred by such default and may not make any claim for damages and other claims against the Company.
8. Cancellation of Order, Return and Refund
8-1. The Exchanger may not cancel the order of any exchange of ADA. Any return of ADA or refund of the exchange price due to the Exchanger’s personal reasons will not be accepted.
8-2. If the Company is not able to make identity verification or finds out that money laundering is suspected or that the person is anti-social forces after the Company has accepted payment for exchange of ADA, the Company will refund the entire amount of the payment and will not accept exchange of ADA.
9. Denial of Warranty and Disclaimers
9-1. The Company shall provide no guarantee or assume no responsibility (including defect liability) for the services regarding ADA and the value, function, use and purpose of ADA.
9-2. The Company shall provide no guarantee, in any sense, for the discloser of CARDANO or the liquidity of ADA (the possibility to exchange ADA for Bitcoin and other cryptocurrency or JPY USD or other currency).
9-3. The Exchanger shall investigate, at one’s own cost and responsibility, whether the implementation of the Exchange Transaction and the use of ADA breach any laws applicable to the Exchanger (including Articles 185 through 187 of the Penal Code) or internal rules of industry groups. The Company provides no guarantee that the implementation of the Exchange Transaction and the use of ADA by the Exchanger comply with laws applicable to the Exchanger or internal rules of industry groups.
9-4. The Company shall not be liable for any direct or indirect damages caused on the Exchanger and a third party pertaining to the Exchange Transaction or the use of ADA.
9-5. Any transaction, interaction and dispute which occurred between the Exchanger and other Exchangers or a third party in connection with the Exchange Transaction or the use of ADA shall be dealt with and resolved by the Exchanger’s own cost and responsibility, and the Company shall not be liable for any of such matters.
9-6. The Company shall not be liable for cessation, suspension, termination, unavailability or change of the Exchange Transaction, deletion or loss of the Exchanger’s information, cancellation of the Exchanger’s registration, loss of data due to the implementation of the Exchange Transaction or malfunction or damage of equipment and other damages incurred by the Exchanger in connection with the Exchange Transaction.
9-7. The Company shall not be responsible for any websites other than the Company’s website and information which is obtained through such websites, for any reason, even if the URL link to other websites is provided in the Company’s website or the URL link to the Company’s website is provided in other websites.
9-8. The Company may cancel the Exchange Transaction which is executed by a system error. In such a case, the Company shall not be liable for any damages the Exchanger incurs in connection with such cancellation and other services of the Company.
9-9. The Company shall not be liable for any damages incurred by the Exchanger that are caused by changes of laws, government ordinances, regulations, rules, orders, notices, ordinances, guidelines or other regulations (“Laws and Regulations”) or tax system including relevant consumption tax in the future pertaining to ADA.
9-10. In the event that a future change of the Laws and Regulations or tax system including relevant consumption tax pertaining to ADA is applied retroactively, even when the Exchanger incurred any damages thereby, the Company shall not be liable for such damages.
10. Intellectual Property Rights and Other Rights
10-1. Patent rights, utility model rights, design rights, trademark rights, copyrights, trade secrets and other intellectual property rights (“Intellectual Property Rights”) and proprietary rights pertaining to the Company’s website, ADA and the Attain System belong to the Company or those who are licensed by the Company and the use of the Company’s website and the implementation of the Exchange Transaction under the Policy will not grant the Exchanger a license to implement or use the Intellectual Property Rights.
10-2. The Exchanger shall not engage in any acts which may infringe the Intellectual Property Rights belonging to the Company or those who are licensed by the Company (including, but not limited to, reverse assembling, reverse compile, reverse engineering and circumvention of technological protection measures) in any way or for any reason.
11. Changes, Suspension and Termination of Service Contents
11-1. The Company may discontinue and suspend all or any part of the Exchange Transaction and the use of the Company’s website, without prior notice to the Exchanger, upon the occurrence of any of the following events. The Company shall not be responsible even when the Exchanger or a third party incurred any damages:
a. When the Company or a third party designated by the Company conducts inspection, maintenance or other construction works regularly or urgently with respect to the Company’s website or facility regarding the Attain System;
b. When failure or malfunction occurs with respect to the Company’s website or equipment regarding the Attain System;
c. When natural disasters such as earthquake, flood and tsunamis, war, disturbance, riot, blackout and other force majeure occurs;
d. When demanded or ordered by competent authorities such as judicial or administrative bodies ; and
e. When the Company determines that it is necessary for other operational or technical reasons.
11-2. The Company may change, discontinue or terminate all or any part of the exchange of ADA (including the content of information regarding ADA which the Company provides) without prior notice to the Exchanger. The Company shall not be liable even when the Exchanger or a third party incurred any damages.
12. Prohibited Acts
12-1. In conducting the Exchange Transaction and using the Company’s website and the Attain System, the Exchanger shall not engage in any of the following acts:
b. Acts impersonate a fictional person or others or acts possesses several accounts by one person or one entity;
c. Acts copy, reproduce, replicate, deliver, assign, distribute, circulate, resell, transmit, make available for transmission, modify, adapt, translate, lend or store to use for these purposes brochures, leaflets or materials provided by the Company regarding ADA, regardless of whether it is in whole or in part, without the Company’s prior consent;
d. Acts breach this Policy;
e. Acts violate public order and morality or acts threaten to result in the foregoing;
f. Criminal acts, illegal acts or acts that threaten to result in any of the foregoing ;
g. Acts cause disadvantages to other Exchangers or a third party or acts threaten to result in the foregoing;
h. Acts disturb the operation of the Company’s services pertaining to the Exchange Transaction or acts threaten to result in the foregoing;
i. Acts damage credit of the Company or exchange of ADA or acts threaten to result in the foregoing;
j. Acts infringe the Intellectual Property Rights, reputation, privacy and other rights or advantages of the Company or a third party or acts threaten to result in the foregoing ;
k. Acts aid or abet any acts prescribed in the items described above; or
l. Other acts the Company deems inappropriate.
11-2.If any act prescribed in each item of the preceding Paragraph is taken, the Company shall suspend the account of the Exchanger or take any other measures the Company deems appropriate and necessary, in the Company’s discretion, without prior notice to the Exchanger. The Exchanger understands and agrees in advance that the Company will be unable to respond to the Exchanger with respect to the reason why the Company has taken such measures. The Company shall not be liable even when the Exchanger incurred any damages as a result thereof.
13. Effective Term of Policy
This Policy shall be valid from the date on which the registration of the Exchanger is completed pursuant to Article 3 hereof to the date on which such Exchanger is unregistered, during the period of time the Company provides the services pertaining to the Exchange Transaction.
14. Amendment to Policy
The Company may amend and modify all or any part of the Policy when necessary. In such a case, the Company will post the amended or modified Policy on the Company’s website. Whenever conducting the Exchange Transaction, the Exchanger shall confirm the latest Policy. In the event that the Exchanger conducts the Exchange Transaction after the Policy is amended or modified, the Exchanger shall be deemed to have consented to the amended and modified Policy.
Even if any provision of the Policy or any part of such provision is held void or unenforceable under the Consumer Contract Act and other Laws and Regulations, the remaining provisions of the Policy or the remaining part of the provision for which part thereof is held void or unenforceable shall remain in full force and effect.
16. Compliance with Laws and Regulations on Money Laundering
The Exchanger shall not engage in money laundering, gambling, operating a gambling house or gathering gamblers, or selling, brokering or transferring lottery tickets and any other illegal acts. The Exchanger shall be obliged to comply with all laws and regulations such as Japanese laws and international laws.
17. Exclusion of Anti-social Forces
17-1. The Exchanger covenants the following matters:
a. The Exchanger is not anti-social forces;
b. The officer (meaning an employee who executes business, a director, an executive officer or any person equivalent to these) of the Exchanger is not anti-social forces; and
c. The Exchanger does not make anti-social forces use the Exchanger’s name to conduct the Exchange Transaction.
17-2. In the event that the Exchanger breaches the provisions of the preceding Paragraph, the Company may terminate the Policy without notifying and take any other measures the Company deems appropriate and necessary such as suspending the account of the Exchanger.
18. Governing Law and Jurisdiction
This Policy shall be governed by the laws of Japan, and the Osaka District Court shall have exclusive jurisdiction in the first instance with respect to any dispute arising from or related to this Policy or the Exchange Transaction.
Established on August 24th, 2015
Revised on Novemeber 24th, 2016