terms of use
Last Revised: June 07, 2022
These Terms of Use set out your rights and responsibilities when you use Jcard to buy, sell, or display non-fungible tokens or create a collection of Jcard (collectively, the “Services”), so please read them carefully. By clicking on the “I Accept” button, completing the account registration process, or using the Service, you accept and agree to be bound and abide by these Terms of Use and all of the terms incorporated herein by reference. If you do not agree to these Terms of Use, you must not access or use the Services.
The term “Jcard” referred to in these terms refers to the digital commodities of Non-Fungible Token (NFT) developed and owned by JCARD Co., Ltd. (hereinafter referred to as Jcard) Issuance, minting, and direct purchase platform (hereinafter referred to as this platform). The company does not directly provide secondary market auction, trading, and exchange services between NFT holders. Should you need to trade or auction or exchange the NFT that Jcard issues, you will have to do the above transaction in NFTgogo the secondary market which belongs to our partner companies, Stargazer Universal Co., Ltd and NFTgogo Co., Ltd.
Jcard reserves the right to change or modify these Terms of Use at any time and in our sole discretion. You agree and understand that by logging into your account, accessing or using the platform following any change to these Terms of Use, you agree to the revised Terms of Use and all of the terms incorporated therein by reference. We encourage you to review the Terms of Use from time to time to ensure that you understand the terms and conditions that apply when you access or use the platform. If you do not agree to these Terms of Use, you must not access or use the platform.
The Terms of Use includes the text of these terms and various rules, statements and instructions that have been published or may be published by this platform in the future. All rules, statements and descriptions are an integral part of these terms and have the same legal effect as the main text of these terms; however, in the event of any conflict between the contents, the rules, statements and descriptions published later shall take precedence.
The Services are only provided for natural or legal persons with civil rights capacity and full capacity for conduct. If you are a person with limited capacity, a person without capacity, or other persons who do not have the above-mentioned qualifications, please do not use the services of this platform. If you hide your true identity or provide false information to complete the registration and conduct transactions, you and your legal representative shall bear all the consequences arising therefrom, and Jcard has the right to cancel or permanently block your IP location and report to you and your legal representative for compensation (including but not limited to losses caused to this platform, attorney fees, etc.). This clause does not involve legal relationships and legal disputes arising from NFT transactions between members of this platform and other members.
Depending on your country of residence, you may not be able to use all features of this website. When your country or region excludes all or part of the contents of these Terms of Use, please do not use the services of this platform/site.
You need to create an account with Jcard to use the Services. You assure and guarantee the following:
When you create an account, we will ask for information about yourself. The information you provide to this website, including but not limited to identity information, shall be true and complete, and meet the requirements for real-name authentication. We may require you, in our sole discretion, to provide additional information and/or documents. If you do not provide complete, accurate and updated information and/or documents in response to such a request, we may refuse to provide you with the Services.
To the extent permitted by laws and regulations, you agree that Jcard may use your information and cookies in order to comply with relevant laws or the mandatory provisions of relevant laws.
You shall not use the Services of this platform for others or for any illegal purpose, such as money laundering, fraud, illegal gambling, financing of terrorist organizations, transactions on sanctions lists, malicious hacking, etc. You shall not use this platform to damage digital asset transaction procedure, or any activities that are improper or detrimental to the goodwill or reputation of this platform.
After you have registered as a member of Jcard, we have the right to review your personal information, background and transaction status on a regular or irregular basis in accordance with the requirements of the laws of the Republic of China. If necessary, we will also conduct telephone interviews with you and request for additional information, etc. Please be sure to assist.
However, when your account on this platform is identified as a terrorist or traced by economic sanctions, foreign governments or international money laundering prevention organizations, or any illegal activity. If you refuse to assist us to review regularly or irregularly, and are unwilling to assist in explaining the nature and purpose of the transaction or the source of funds. You agree that Jcard has the right to immediately suspend your account, pause or cancel your access to the Services, or close your account. If your account involves money laundering prevention laws and suspected illegal or abnormal traders, you need to bear the consequences yourself, which has nothing to do with Jcard or Service or platform.
If you give your account, password, e-wallet or related personal information to others in the form of gift, loan, lease and transfer, you will be responsible for the consequences and have nothing to do with this platform.
You should use and keep your personal account and password properly, and take full responsibility for any operation and consequences of the above-mentioned information. Please notify us immediately if you notice any unauthorized use of your account.
You will have an exclusive NFT wallet address (hereinafter referred to as "NFT wallet") on this platform. The NFT wallet is developed and maintained by third-party, Stargazer Universal Co., Ltd and NFTgogo Co., Ltd. The NFT wallet can only store and transfer NFT. Your NFT will be stored in this NFT wallet or you can choose to transfer it to your external e-wallet.
You are responsible for maintaining the security of your personal account and NFT wallet, including your password and transaction information. If we or our partner companies identify that your NFT wallet address has suspicious activities, we will immediately block your IP location and require you to provide additional information, including but not limited to authentication documents. Please be patient while we process.
Except as otherwise provided in these terms, at any time you may terminate the agreement with Jcard, close your account, and process your outstanding transactions.
You agree that Jcard has the right to immediately suspend your account, pause or cancel your access to the Services, or close your account if we suspect, in our sole discretion, that :
- Attempt to gain unauthorized access Jcard or other's account, or attempt to provide assistance to others.
- Register multiple accounts and sell, rent, lease or grant access to your Jcard account to any person.
- You are using, employing, or operating bots or other forms of automation to change or delete or destroy information or damage equipment or any activity that affects the operation of this platform.
- Without the consent of the other person, through the loopholes in the design of this platform, or by other technical methods such as bypassing or destroying the security maintenance of this website, change, delete or collect the personal data of others.
- Conduct illegal activities, such as money laundering, fraud, illegal gambling activities, financing of terrorism, dealings with sanctioned countries or regions, or other criminal activities.
- Involving money laundering prevention laws and suspected illegal or abnormal transactions.
- Violation of Terms of Use.
- Failure to pay or fraudulent payment.
- Failure to fully provide asset documents or other information or explanations required by the Jcard to review your personal information and transaction content on a regular or irregular basis.
- Your e-wallet address has suspicious transaction activities identified by us.
- We identify other acts of improper use of the account.
- Based on legal enforcement or the requirements of government agencies, once Jcard is required to take legal action, it will be decided by Jcard at its sole discretion.
Please note there are risks in trading digital assets. The price and liquidity of blockchain assets, including Jcard, are extremely volatile and may be subject to large fluctuations.
Before purchasing any NFT digital commodity, please understand that various digital assets may not be supported by any government or legal agency. Therefore, holding digital assets must bear due risks. Please carefully evaluate your financial situation and risk tolerance before trading. Once you start to use the services of this platform, you have fully accepted the relevant risks and are fully responsible for any loss and damage caused by the NFT digital goods you purchased. You should be solely responsible for all your transactions or digital assets.
In Terms of Use, there may be additional risks that we have not seen or identified. You should carefully evaluate your financial situation and understand the risk of price fluctuations in digital commodities. Whether you are suitable to engage in digital commodity trading depends on your personal financial situation and risk tolerance. Once you register or use the Service, you agree and fully understand the relevant risks and considerations, and agree to waive any and all legal claims to Jcard and Service for any loss or damage arising from your purchase of NFT goods. You have fully understood and agree with the risks of digital asset operation as described above (including but not limited to your own mishandling), and you should be solely responsible for all your transactions or digital assets. You agree and understand that Jcard will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using Jcard, however caused.
If you make a purchase by impersonation, fraud, or other false and improper methods, Jcard may immediately terminate your account. We will notify you according to the information you have provided, or after the notification from the competent authority, court, police, and other units and we will terminate your account and service.
In accordance with Article 19, Paragraph 2 of the Consumer Protection Act, Article 2, Paragraph 5 of the “The Regulations on Reasonable Matters as Exceptions to Rescind the Distance Sales” “ The supply of digital content which is not supplied on a tangible medium, or online services which would be fully performed once begun, with the consumer's prior consent.” Therefore, you do not have a seven-day hesitation period and are not returnable.
購買 NFT 數位商品與服務屬於上述合理例外情事，不適用消費者保護法第 19 條第 2 項七天猶豫期之規定，無法進行回復或退費。
The NFTs you trade, or auction on this platform are limited to reasonable use for personal and non-commercial purposes unless the NFTs are displayed and sold as otherwise stated in the holder's scope of use of their intellectual property rights. However, it may not be transmitted, distributed, or made available to the public in any form. You agree not to engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the law. Without the consent of the creator or artist, the content created by NFT may not be copied, sublicensed, or otherwise used for commercial purposes.
The NFTs listed and minted by Jcard are the creative content of the creator/artist, and Jcard is not responsible for guaranteeing whether the creative content infringes the intellectual property rights of third parties.
You understand and agree that you are solely responsible for maintaining the security of your account and control over any user names, passwords, or any other codes that you use to access the Services. If an accidental disclosure leads to a transaction dispute, Jcard will provide relevant information to the prosecuting unit to cooperate with the judicial investigation.
We encourage you to review the Terms of Use from time to time to ensure that you understand the terms and conditions that apply when you access or use the platform.
You can check your transaction history at any time.
Unless otherwise announced on this platform or otherwise marked on NFT commodities, NFT commodities on this platform are denominated in New Taiwan Dollars. However, if you transfer your NFTs in your e-wallet to a none Jcard affiliate platform, we will charge you a handling fee that will be announced in our platform.
Jcard makes no warranty that the platform will meet your requirements or be available on an uninterrupted, timely, secure, or error-free basis; or be accurate, reliable, complete, legal, or safe. We will not be liable for any loss of any kind from any action taken or taken in reliance on material or information, contained on the platform. Jcard does not represent or warrant that content on the platform is accurate, complete, reliable, current or error-free. Jcard is not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains, or any other features of Jcard.
Jcard's liability for damages to any member shall not exceed the total value of the digital commodities stored on the platform by the member at the moment of damage.
This platform does not support transfer or receiving NFT digital goods to different digital asset wallet addresses that are not provided by this platform. You understand and agree that in the event that you deposit digital assets or Jcard into an incorrect address, we may not have the ability, and are under no obligation or duty, to return such digital assets or Jpoints to you. This section applies regardless of whether we control the destination address.
If the price of digital commodities on this platform is obviously wrong due to factors such as operating errors by the staff, system errors or malicious attacks by hackers, you agree that this platform has the right to correct and restore the original status of the transaction caused by the wrong price. To the fullest extent provided by law, Jcard hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the site and content contained therein.
We will not be liable for any loss of any kind from any action taken or taken in reliance on material or information, contained on the platform. Jcard does not represent or warrant that content on the platform is accurate, complete, reliable, current or error-free. While Jcard attempts to make your access to and use of the platform and content safe, Jcard cannot and does not represent or warrant that the platform, content, any Jcard listed on our platform or our servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and dealing online over the internet and will not hold us responsible for any breach of security unless it is due to our gross negligence. You will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom. We reserve the right, without notice and in our sole discretion, to terminate your license to access or use the platform or Service, at any time for any reason. You understand and agree that we shall have no liability or obligation to you in such an event. We will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any use of Jcard including but not limited to any losses, damages or claims arising from: incorrectly constructed transactions, or mistyped addresses; server failure or data loss; any unauthorized third party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the platform or Jcard.
To the fullest extent provided by Law, you agree that you are responsible for any arising risks when using platform services.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Jcard, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns, from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise . You further agree that the Jcard shall have control of the defense or settlement of any third party Claims.
All of JCARD Co., Ltd trademarks, product names, and logos on the platform are the property of JCARD Co., Ltd and may not be copied, imitated, or used, in whole or in part, without the permission of Jcard. JCARD Co., Ltd has full ownership and is protected by copyright law, trademark law and related laws. If infringement occurs, Jcard reserves the right to legal action.
JCARD Co., Ltd. reserves the right to change or modify these Terms of Use at any time and in our sole discretion. This platform will make an announcement and notify you when the changes or modifications are made, and will take effect immediately. If you continue to use the services provided by this website, it is deemed that you agree to the change of the content. However, if you do not agree with the changed content, you should terminate services provided by this platform. After you have terminated the service, you understand and agree that we shall have no liability or obligation to you, including but not limited to requiring us to retain or provide any information in your account. The termination of this clause does not affect the observant party to pursue the breach liability of the breaching party.
Due to force majeure, changes in laws or policies or other factors beyond the control of Jcard, we reserve the right to stop providing relevant services at any time.
The validity, interpretation, application and dispute resolution of these Terms of Use shall be governed by and interpreted in accordance with the laws of Taiwan, the Republic of China. For all disputes or differences arising from the you or violation of these Terms of Use, both parties agree to negotiate in accordance with the principle of goodwill. You agree that any such arbitration shall be settled solely and exclusively by binding arbitration held in “Taipei District Court” as the first tribunal for jurisdiction, and conducted in Chinese.
If you have any questions on Terms of Use, Jcard services, your account or would like more information about Jcard, please feel free to email us at service@Jcard.io
- The NFT commodities published (traded) on this platform are not highly speculative commodities
- This platform does not encourage improper investment behavior such as speculation and profit