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TERMS OF USE


UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF USE

By using the MaiCoin website (“Website”), and further by registering to use our services, you are agreeing to review, understand, accept and comply with the terms and conditions of use stated below (“Terms of Use”). It is your responsibility to review the entire Terms of Use carefully before you use this Website. If you do not agree to the Terms of Use or the nation and region to which you belong exempts you from all or part of the Terms of Use, you must stop using our services immediately.


As used herein, “MaiCoin” refers to the owner of the MaiCoin website, Modernity Financial Holdings, Ltd.,(“MaiCoin”or“Company”) including without limitation its shareholders, directors, investors, employees or affiliates. Depending on the context, “MaiCoin” may also refer to the services, Website, content or other materials (collectively, “Materials”) provided by MaiCoin.


Modernity Financial Taiwan is the Taiwan subsidiary of Modernity Financial Holdings, Ltd. Modernity Financial Taiwan is the local subsidiary responsible for R&D, maintaining the MaiCoin website and providing users with customer service and support functions.


The Website and its services (“Service”) permits buyers (“Buyers”) and sellers (“Sellers”), to purchase or sell “Bitcoins” (please see http://bitcoin.org), as well as other related services provided by this Website from time to time.


All Materials on this Website are the property of MaiCoin and are protected by copyright, trademark and other applicable laws.


By accessing the Website and using the Services, you expressly represent and warrant that (i) you are an individual, legal person or other organization or with full legal capacity and have accepted the Terms of Use. If you do not have the said capacity, you and your legal representative shall be responsible for all the consequences resulted therefrom, and MaiCoin may cancel or permanently freeze your account, and claim against you and you legal representative for damages or compensation.; (ii) the information you provide to us are accurate and complete; (iii) to the extent permissible by law, you agree that we may use your information and operate our Website for compliance with applicable laws or as mandated by applicable laws; (iv) you will not use our Services or the Website for other persons or for any illegal purposes, such as money laundering and will not use our Services or the Website for any activity that is improper or damaging to goodwill and reputation of the Website.


If there is any suspicious activity related to your use of our Services or your account with our website (“Acount”), we may request additional information from you, including authenticating documents, and to freeze, cancel or terminate any transactions or your Account immediately pending our review. You are obligated to comply with these security requests, or accept suspension or termination of your Account. You are required to notify MaiCoin immediately of any unauthorized use of Your Account or password, or any other breach of security by email addressed to info@maicoin.com.


If your volume of transactions with us reaches the frequency or threshold(s) prescribed by the Company (which may be modified by the Company from time to time), you will be required to provide additional personal information to us and to banks and partners who are in collaboration with us, and you may be required to open a bank account with a collaborating bank so as to satisfy our “know your customer” (KYC) requirements.


Any holder of Account (each, a “Member”) who violates any of the Terms of Use will be subject to suspension, cancellation or termination of user account or transactions, and such Member shall thereafter be held liable for losses incurred by MaiCoin or any other user of the Website.


RISKS

Bitcoin is not an official currency of any country in the world and its function as a storage of value is dependent on trust and activities of participants on the Internet who place value and trust on Bitcoin. When trading, buying or selling Bitcoin, please be aware that there is a significant possibility that Bitcoin can fluctuate considerably in value. It is possible that Bitcoin’s value may either increase significantly or decrease to zero. There is no assurance that any person will accept Bitcoins as payment for goods or services and Bitcoins are not backed by any government in this world, and it is possible that the use or transaction of Bitcoins may even be expressly prohibited by legislation in a particular jurisdiction. After purchasing Bitcoins, please be aware that it is not a currency as the term is conventionally defined and there is no assurance that anyone will accept Bitcoins as payment in lieu of other traditional currencies, hence the risk of holding Bitcoins may be higher than the risk of holding any other assets or merchandise. Whether you are suitable to engage in the purchase or sale of Bitcoin will be dependent on your personal financial situation and tolerance for risk. By using our Website and our Services, you agree that you are fully aware of the related risks and considerations, and waive any and all claims against us for all losses or damages that may arise from your purchase or sale of Bitcoins.


TERMINATION OF ACCOUNT

You may terminate this agreement with MaiCoin, and close or suspend your Account at any time, following settlement of any pending transactions. You also agree that MaiCoin may, by giving notice, in its sole discretion terminate or suspend your access to the Website and to your Account at any time, and take technical and legal steps to keep Members off the Website if we think that they are creating problems or possible legal liabilities, or otherwise acting inconsistently with the business or purposes of this Website (which we reserve the right to determine at our sole discretion). Members agree that MaiCoin will not be liable to them or to any third party for termination or suspension of their Account or access to the Website. The termination or suspension of an Account shall not affect the payment due for past Transactions or any settlement of completed Transactions.


AS IS BASIS

We do not represent that this Website will be available 100% of the time to meet your needs. There are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information. We may suspend use of the Website for maintenance with or without prior notice. All services are provided “as is” without express or implied warranty of any kind. By using this Website, you are agreeing to assume all delays, failures, errors, omissions or loss arising from our services and waive all resulting claims to this Website.


OTHER WEB SITES

MaiCoin makes no representations whatsoever about any other site which you may access through this Website. While this Website may provide links to other sites from time to time, it is not our responsibility to ensure that such links will enable you to access risk-free websites. Other external website may involve legal and other actual risks. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses, Trojan horses, malicious programs, and other similar items.


NOT FINANCIAL ADVICE

Although we may provide information on the price, volatility, news and other information of Bitcoins, such shall not be considered as investment advice and you agree not to construe them as such.


INFORMATION COLLECTION

In accordance with the Personal Information Protection Act, we inform you of the following:

  1. 1. MaiCoin, for the purpose of (1) processing transactions with MaiCoin, (2) providing suitable products and services information, (3) meeting the needs of legislation, business, finance, taxation, operation or risk management of MaiCoin (including, but not limited to, self or co-marketing, statistic survey and analysis, internal control, management and audit, etc.), will collect your below personal data :


    1. 1) Identification C001 to C003 (e.g. , name, telephone number, bank account number or credit card number, ID No., copy of ID card, foreigner passport and passport copy, etc. )

    2. 2) Characteristics C011 to C013 (e. g. , gender, and date of birth)

    3. 3) Other information C131 to C132 (e.g. , e-mail address, unclassified emails)

    4. 4) Resident and / or work address

  2. 2. Period, area, targets, and method of use for personal data:


    1. 1) Period: Duration of the specific purpose for collection of personal data, the expiration period defined for maintenance of information agreed under laws or contracts, or the expiration period defined by MaiCoin (if longer than that defined by laws).

    2. 2) Area: Taiwan, Republic of China and any location of the following operation targets.

    3. 3) Targets: MaiCoin, any third parties entering into cooperative or mandatory relationship with MaiCoin, MaiCoin's counterparts engaging in co-marketing or co-promotion, any other institutions having business contact or trading with MaiCoin, competent authorities, parties wishing to acquire from or assign to MaiCoin any assets and liabilities, assume risk or proceed with merger (if any), and any competent authorities, judicial or other governmental bodies which have jurisdiction over MaiCoin.

    4. 4) Method of use: By automated machine or any other non-automated means.

  3. 3. You may exercise the following rights against MaiCoin with respect to your personal data held by MaiCoin:


    1. 1) Inquire or request to review or reproduce your personal data. MaiCoin shall, pursuant to laws, charge the necessary cost and expense;

    2. 2) Request MaiCoin to supplement or correct your personal data. You shall exercise it with reasonable explanation in accordance with laws;

    3. 3) Request MaiCoin to stop collection, processing or using, or to delete your personal data.

    4. 4) However, MaiCoin shall, pursuant to laws, disregard the request if such data is mandated to execute relevant processes.

    5. If you wish to exercise aforesaid rights, you may make the request via service@maicoin.com, and MaiCoin will proceed with it per your request.

  4. 4. You may choose to provide your personal data in your sole discretion. If you refuse to provide your personal data, MaiCoin shall not be able to perform the necessary review and processing to offer the relevant services to you. MaiCoin may hereby decline your application for relevant transactions or services.

  5. 5. You agree that MaiCoin is entitled to amend the advice and to notify you of the outlined amendments and designated webpage, verbally, in writing, or via telephone, SMS, email, fax, e-document, branch and website, or in any other manners sufficient to enable you to know or perceive the amendments (including, but not limited to, providing the access to any website disclosing the details of advice in aforesaid manners).

DATA SECURITY


1. We will comply with all statutory and regulatory requirements in Taiwan, Republic of China concerning the retention of personally identifiable information.


SECURITY ASSURANCE

You should be mindful that not sharing your User ID and/or password or allow access or use of it by others. You also should ensure that you do not knowingly or accidentally share, provide or facilitate unauthorised use of it.


You should safeguard your unique User ID and Password by keeping it secret and confidential. Never write them down or share these details with anyone. MaiCoin will never ask you for your Password, in order to ensure that you are the only person who knows this information. When choosing your unique User ID and Password for the first time, do not create it using easily identifiable information such as your birthday, telephone number or a recognisable part of your name. If you think your User ID and/or password has been disclosed to a third party, is lost or stolen and unauthorised transactions may have been conducted, you are responsible to inform us immediately.


USE OF “COOKIES”

Your visit to this site may be recorded for analysis on the number of visitors to the site and general usage patterns. Some of this information will be gathered through the use of “cookies”. Cookies are small bits of information that are automatically stored on a person's web browser in their computer that can be retrieved by this site. Most of the cookies will be valid consecutively for a specific time limit, or for one single visit. The cookies do not contain any data sufficient to enable others to contact you via phone, email or snail mail. You may cancel or restrict such access through your browser settings.

You agree that MaiCoin may allow other companies to set up advertisements on certain MaiCoin web pages and to set and access cookies on your computer, and such other companies will use the cookies according to their own privacy policies, not the privacy policy of MaiCoin. Advertisers or other companies will not be able to access our cookies.


JURISDICTION

The validity, interpretation, application and dispute resolution of the Terms of Use shall be governed and construed in accordance with laws of Taiwan, Republic of China. The parties agree to irrevocably submit to the exclusive jurisdiction of the Taipei District Court in the first instance.


LIMITATION OF LIABILITY

To the extent permitted by law, MaiCoin will not be held liable for any damages, losses, indirect or consequential loss other than those direct losses arising from gross negligence or deliberate actions. In any event, the liability of MaiCoin towards any particular Member shall not exceed the total value of Bitcoins deposited on the Website by such Member to MaiCoin.


Tax

Tax issues derived from your transactions with MaiCoin shall be dealt with in accordance with the tax laws and regulations of Taiwan, Republic of China. MaiCoin have the right to provide user information or perform withholdings (if applicable) in accordance with the requirements of the applicable tax authorities.


INDEMNITY

To the full extent permitted by applicable law, you hereby agree to indemnify MaiCoin, and its shareholders, employees, agents and affiliates partners from any action, liability, cost, claim, loss or damage suffered or incurred arising from your use of the Service, or from your violation of these Terms of Use.


MODIFICATION OF TERMS

MaiCoin reserves the right to change, add or remove portions of these Terms, at any time, in an exercise of its sole discretion. You will be notified of any changes in advance through your Account. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of the Website following a notice of changes to the Terms shall be deemed as your acceptance to the changes, and if you do not agree to the modified Terms of Use, you must stop using the Website and Services immediately.



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Should you have any questions and comments on above Terms of Use, or should you be aware of any violation by relevant MaiCoin entities, please feel free to contact us via service@maicoin.com.

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