Shinwa Exchange Terms of Use

Article 1 (Purpose/Scope of Application of These Terms of Use)

  1. The purpose of these Terms and Conditions is to define the contractual relationship between the User and our company regarding the use of this Site and this Service.
  2. These terms and conditions apply to all users.
  3. Users of this service, whether individuals or corporations, are deemed to have agreed to these terms and conditions at the time of applying to use this service or at the time of using this service.
  4. In addition to these Terms, the Service also displays on the Site information on how to use the Service and important points to note. These also constitute a substantial part of these Terms.
  5. Please be sure to read these terms and conditions before using this service.

Article 2 (Changes to these Terms)

The contents of these terms may be changed as necessary, and changes will be posted on this site or notified by other means. If changes are made, you will be deemed to have accepted the changes when you start using the service after the changes have been made, and the latest terms will apply, so please refer to the latest terms of use when using the service.

Article 3 (Definition)

The definitions of terms used in these Terms and Conditions shall be as follows, unless otherwise specified.

　(1) Terms and Conditions Shinwa Exchange Foreign Currency Exchange Service Terms of Use
　(2) Our Company AIM Limited Liability Company
　(3) Website URL: https://shinwa-exchange.jp/
　(4) Services Services, primarily foreign currency exchange, provided on this website operated by our Company
　(5) Users Those who use this service
　(6) Intellectual Property Rights, etc. Industrial property rights, such as patent rights and trademark rights, intellectual property rights, such as copyrights (including the rights stipulated in Articles 27 and 28 of the Copyright Act), and other rights
　(7) Confidential Information Personal information, customer information, company information, and all other information
　(8) Anti-social forces Organized crime groups, members of organized crime groups, persons who have been members of organized crime groups within the past five years, associate members of organized crime groups, companies related to organized crime groups, corporate racketeers, etc., social movement fraudsters, special intelligence violent groups, etc., and other persons equivalent thereto.

Article 4 (Service Contents)

  1. As part of this service, we provide foreign currency exchange (sales, purchase, etc.) to users.
  2. Use of this service is limited to those residing in Japan.
  3. The specific contents of the Services not specified in these Terms of Use will be specified on this Site.

Article 5 (How to use)

  1. Users must use this service in accordance with the provisions listed on this website, and in compliance with the Civil Code, Commercial Code, Personal Information Protection Act, Copyright Act, Act on Prevention of Transfer of Criminal Proceeds and other laws and regulations related to the prevention of money laundering, etc. Depending on the circumstances, you may be required to present a passport, driver’s license, or other official identification when making a purchase.
  2. The general procedure for using this service to sell foreign currency is as follows:
    (1) Enter the necessary information in the application form (User);
    (2) Reply to the confirmation email (Our company);
    (3) Payment (User);
    (4) Shipping (Our company and shipping method are determined by this website).
  3. The general procedure for purchasing foreign currency in this service is as follows:
    (1) Fill in the application form (user)
    (2) Send foreign currency (user)
    (3) Verify and pay (our company)
  4. In this service, if an inappropriate rate (purchase price) for foreign currency (hereinafter referred to as the “rate”) is presented due to a system error and a contract is concluded based on that rate, if the rate fluctuates significantly due to a sudden fluctuation in the exchange rate, or if the company otherwise considers the rate to be unfair, the company may unilaterally terminate the contract with the user (including both the sale and purchase).
  5. This service does not guarantee that buying and selling will occur at the rates stated, and rates may change due to significant fluctuations in exchange rates or system failures, etc.
  6. Once the fee for this service has been paid, no refunds or returns will be made for any reason unless there is intentional or gross negligence on the part of the Company.
  7. If the fee for this service is paid but the goods are not received within 30 days from the date of payment, we will assume that you have no intention of receiving the goods and the order will be cancelled without refund.

Article 6 (Prohibited acts)

Users are prohibited from engaging in the following acts:
(1) acts that violate these Terms of Use;
(2) acts that violate or may violate laws and regulations
; (3) acts that the Company determines to be disruptive to the Service or the server;
(4) acts of users associated with anti-social forces;
and (5) other acts that the Company determines to be inappropriate.

Article 7 (Refusal of Use)

  1. If the Company finds that a User has entered false information, delayed payment, or engaged in any other prohibited acts set forth in the preceding article, or if the Company determines that such acts apply to the User, the Company reserves the right, at its discretion, to suspend or discontinue provision of the Service to the User, delete data from the Company’s server, etc. The Company shall not be liable for any damages suffered by the User as a result of such actions.
  2. In the cases set out in the previous two Articles and paragraph 1 of this Article, if the Company suffers any damage, the User shall compensate the Company for such damage.

Article 8 (User Responsibilities)

  1. If a user causes damage to the Company through the use of this service, the user shall compensate the Company for such damage (including attorney’s fees).
  2. If a user causes damage to a third party by using this service, the user shall compensate for such damage at his/her own expense and responsibility, and the Company shall not be held liable for such damage. In such a case, if the Company receives a claim for damages from a third party, the user shall compensate the Company for the amount of such damages and expenses (including attorney’s fees).

Article 9 (Disclaimer)

  1. We shall not be liable for compensation for damages caused by causes beyond our control, such as accidents during shipment, natural disasters, or other events, damages caused by special circumstances whether or not we could foresee them, or indirect damages, including lost profits.
  2. The Company shall not be held responsible for any problems that arise between users and third parties regarding this service.
    3. The Company holds the rights to the user’s personal information (including information at the time of registration), and shall not be held responsible in the event of an accident such as leakage.
  3. Our company will be relieved of any liability relating to this service at the time the delivery company provides the foreign currency to the user for civil compensation.

Article 10 (Ownership of Rights)

All intellectual property rights related to this site and this service belong to our company. Users must use this service in accordance with the instructions so as not to infringe on the rights of other users, our company, or any third party.

Article 11 (Compensation for damages, etc.)

If a user intentionally or negligently violates these Terms and Conditions and causes damage to the Company, the user must pay compensation to the Company.

Article 12 (Interruption, Suspension, Changes to Contents, and Termination of the Service)

  1. If we determine it is necessary to install equipment necessary for the operation of the Service, perform system maintenance work, or due to force majeure such as natural disasters, we may temporarily suspend or stop the Service without prior notice to or consent from users.
  2. We reserve the right to change or terminate all or part of the Service at our discretion and with prior notice to users.
  3. The Company shall not be liable for any damages incurred by the User in the cases of the preceding two paragraphs. If the Service is not provided for which the fee has already been paid, the fee will be refunded.

Article 13 (Confidentiality)

Users shall handle any confidential information disclosed or provided by us in connection with the use of the Service with the care of a prudent manager, and shall not use it for purposes other than the purpose of the Service, or disclose or provide it to a third party without the prior written consent of the Company.

Article 14 (Collection, analysis and handling of information about users)

  1. Our handling of registration information, device information, and other information about users shall be in accordance with a separately established privacy policy, and users agree that our company will handle such information in accordance with the privacy policy.
  2. The Company may use the provided information in a form that does not identify individuals for the purposes of distributing information, providing statistics, and other services provided by the Company, etc., or for providing the information to third parties.
  3. In order to understand the usage status of this service, we use information collection modules such as cookies to collect information on the use of this service. For details about these information collection modules, please refer to the terms of use and privacy policy of each provider. We are not responsible for any damages caused by the use of information collection modules such as cookies.

Article 15 (Exclusion of Anti-Social Forces)

  1. The Company and users represent and warrant that they do not currently or in the future fall under any of the following items:
    (1) Being a member of an antisocial force;
    (2) Having a relationship deemed to give the control of management to an antisocial force;
    (3) Having a relationship deemed to give an antisocial force substantial involvement in management;
    (4) Having a relationship deemed to be an inappropriate use of an antisocial force for the purpose of obtaining wrongful benefits for oneself or a third party or for the purpose of causing damage to a third party;
    (5) Having a relationship deemed to be involved in providing funds or convenience to an antisocial force;
    (6) An officer or a person substantially involved in management has a relationship with an antisocial force that can be socially criticized;
    (7) Making violent demands, threatening remarks or actions, unreasonable demands that exceed legal responsibility, or damaging the credit of others or disrupting their business by spreading rumors, fraudulent means, or intimidation, etc., through oneself or a third party.
  2. If the Company or a user finds that the other party has violated the representations and warranties in the preceding paragraph and falls under any of the items in the preceding paragraph, the Company or the user may immediately terminate all contracts related to the Service without any notice and may claim compensation for damages suffered.

Article 16 (Transfer of rights and status)

The User may not transfer, sublease, pledge as security or dispose of any of the rights, obligations and status relating to the Service in any form without the consent of the Company.

Article 17 (Jurisdictional Court)

Any litigation between the Company and a User shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the location of the Company’s head office.

Article 18 (Governing Law)

These Terms and Conditions and the Service Agreement shall be governed by the laws of Japan.

Regulations established April 1, 2020