GokuMarket Terms and Conditions
Last revised: 2021-01-26
By using the Site, you understand and agree that the Site is only an interface for a community managed by GokuMarket where decisions are not made by a single entity, but by the GokuMarket Community (the “Community”).
These Terms of Service constitute the agreement and understanding with respect to the use of any or all of the Services, and any manner of accessing them, between you and GokuMarket. For the avoidance of doubt, these Terms of Service have two parties: you and GokuMarket. Any and all terms, conditions, licences, limitations, and obligations contained within and on the Site are incorporated into these Terms by reference, including, without limiting the generality of the foregoing, the following Site policies and pages:
- User Agreement
- Risk Disclosure Statement
- Ecommerce Policy
- Data Protection Policy
- Affiliate and Referral Policy
In particular, please note that all transactions of Digital Tokens on or off the Site may be subject to fees levied by GokuMarket as set out and updated in the Fee Schedule from time to time. In the event of any inconsistency between these Terms of Service and any other pages or policies on the Site, these Terms of Service shall prevail.
By creating a wallet on the Site or by using any of the Services, you acknowledge that you have read, understand, and completely agree to these Terms of Service in effect from time to time. If you disagree with these Terms of Service or with any subsequent amendments, changes, or updates, you may not use any of the Services; your only recourse in the case of disagreement is to stop using all of the Services.
These Terms of Service may be amended, changed, or updated by GokuMarket at any time and without prior notice to you. You should check back often to confirm that your copy and understanding of these Terms of Service is current and correct. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms of Service, as modified by such amendments, changes, or updates.
The use of the Site and any Services is void where prohibited by applicable law.
In these Terms of Service and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:
1.1.1. "AML" means anti-money laundering;
1.1.2. "Associates" means GokuMarket OÜ, and each and every one of their respective shareholders, subsidiaries, employees, contractors, agents, directors, officers, partners, affiliates, insurers, and attorneys;
1.1.3. "CTF" means counter-terrorist financing;
1.1.4. "Digital Tokens" means blockchain-based assets or rights, or other similar digital representations of rights or assets;
1.1.5. “GokuMarket” means GokuMarket OÜ;
1.1.6. “GokuMarket Credit” means the native utility token on GokuMarket that is powered by the Ethereum blockchain as an ERC20 token with below contract address: https://etherscan.io/token/0xa6272359bc37f61AF398071B65C8934ACA744d53
1.1.7. “Gokumarket Community” means both the GokuMarket and the GokuMarket Credit users and developer community around GokuMarket.
1.1.6. "FATF" means the Financial Action Task Force;
1.1.7. "Losses" has the meaning set out in paragraph 11 of these Terms of Service;
1.1.8. "Person" includes an individual, association, partnership, corporation, other body corporate, trust, and any form of legal organization or entity;
1.1.9. "Personal Information" means information about an identifiable individual, business, organization, or other entity, but does not include the name, title, business address, or telephone number of an employee of a business, organization, or other entity;
1.1.10. "Prohibited Jurisdictions" means USA, Belarus, Central African Republic, Democratic Republic of Congo, Democratic People’s Republic of Korea, the Crimea region of Ukraine, Croatia, Cuba, Iran, Iraq, Kosovo, Lebanon, Libya, Moldova, Somalia, Sudan, South Sudan, Syria, Venezuela, Yemen, and Zimbabwe.
1.1.11. "Prohibited Use" has the meaning set out in paragraph 6 of these Terms of Service;
1.1.12. "Service" means any of the services, functions, or features offered on or through the Site;
1.1.13. "Site" means the Internet website www.GokuMarket.com;
1.1.14. "Terms of Service" means these terms and conditions of service, as they may be changed, amended, or updated from time to time without prior notice to you, including the following Site policies and pages:
- User Agreement
- Risk Disclosure Statement
- Ecommerce Policy
- Data Protection Policy
- Affiliate and Referral Policy
1.1.15. "Trading Order Book" has the meaning set out in paragraph 3 of these Terms of Service;
1.1.16. "U.S. Person" means:
220.127.116.11. in the case of an individual, a citizen of the United States or a Person resident in the United States; and,
18.104.22.168. in any other case,
22.214.171.124.1. a Person resident in the United States; or,
126.96.36.199.2. a Person owned 10% or more by one or more Persons resident in the United States or by one or more corporations or entities incorporated in or formed in the United States.
1.1.17 “Wallet” means a user’s public address that holds any Digital Tokens that are created and/or received on the GokuMarket Wallet, which may associate with corresponding transactions related to this address.
1.1.18. "you" or "your" means the user.
The headings and subheadings in these Terms of Service are for ease of reference only and are not to be taken into account in the construction or interpretation of any provision or provisions to which they refer.
1.3. Extended Meanings:
Unless otherwise specified in these Terms of Service, words importing the singular include the plural and vice versa and words importing gender include all genders.
2. LICENSE TO USE THE SITE:
If you comply with these Terms of Service, GokuMarket grants you the limited right to use the Site and the Services. The right to use the Site and the Services is a non-exclusive, non-transferable, revocable, limited licence, and it is subject to the limitations and obligations in these Terms of Service. Nothing in these Terms of Service gives you any licence (other than as set out in this paragraph), right, title, or ownership of, in, or to the Site or any of the Services.
3. TRADING ACTIVITIES:
The Site is a trading, discussion, and information environment for the purchase and sale of Digital Tokens. The Site permits only unfinanced transactions. Unfinanced purchases are fully funded by trading participants through funds owned by you. For example, if you have $100.00 worth of Digital Tokens in your wallet on the Site, you may then trade or sell those Digital Tokens for other Digital Tokens. Purchases and sales of Digital Tokens through the Site are settled by delivery of the full amount of the Digital Tokens by the seller to the purchaser’s wallet against payment in full by the purchaser to the seller’s wallet, with fees deducted.
Important: The following persons are prohibited from depositing into, withdrawing from, or trading through the Site:
3.1. persons resident in, and nationals of, Prohibited Jurisdictions;
3.2. U.S. Persons.
4. RISKS AND LIMITATION OF LIABILITY:
Important: This paragraph is in addition to the Risk Disclosure Statement. Trading markets are volatile and shift quickly in terms of liquidity, market depth, and trading dynamics. You are solely responsible and liable: for any and all trading and non-trading activity on or through the Site and for your wallet on the Site; and, for knowing the true status of any position or contract with any other party on the Site, even if presented incorrectly by the Site at any time. You acknowledge and agree: to be fully responsible and liable for your trading and non-trading actions and inactions on or through the Site and all gains and losses sustained from your use of the Site and any of the Services; to be responsible for any negative balance in your wallet(s) on the Site; to be fully responsible and liable for all of your obligations with respect to any financing activities on the Site; and, to be fully responsible for safeguarding access to, and any information provided through, the Site and any of the Services, including, but not limited to, private keys, public keys, key seeds and address details. There is no guarantee against losses on or through the Site.
5. NO CLASS PROCEEDINGS:
You and GokuMarket agree that any party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No adjudicator may consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any one GokuMarket user cannot and may not affect any other GokuMarket users.
6. PROHIBITED USES:
You may not:
6.1. use the Site or any Services in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband Digital Tokens, funds, or proceeds;
6.2. trade or obtain financing on or through the Site, or use any Services, with anything other than funds, keys, or Digital Tokens that have been legally obtained by you and that belong to you;
6.3. use the Site or any Services to interfere with or subvert the rights or obligations of GokuMarket or the rights or obligations of any other Site user or any other third party;
6.4. trade using inaccurate information presented by the Site or by GokuMarket or take advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
6.5. use the Site or any Services to engage in conduct that is detrimental to GokuMarket or to any other Site user or any other third party;
6.6. reverse-engineer, decompile, or disassemble any close-sourced or proprietary software running on the Site;
6.7. attempt to harm GokuMarket or any third party through your access to the Site or any Services, except that nothing in this subparagraph shall be construed as limiting your free speech rights under applicable law;
6.8. where you are a resident or national of a Prohibited Jurisdiction or a U.S. Person, access the Site or any Services using any virtual private network, proxy service, or any other third party service, network, or product with the intent of disguising your IP address or location; or,
6.9. violate these Terms of Service.
Any use as described in this paragraph shall constitute a "Prohibited Use". If GokuMarket determines that you have engaged in any Prohibited Use, GokuMarket may address such Prohibited Use at its discretion.
7. ANTI-MONEY LAUNDERING AND COUNTER-TERRORIST FINANCING:
GokuMarket is committed to providing you with safe, compliant, and reputable Services. Accordingly, GokuMarket insists on a comprehensive and thorough user due diligence process and implementation and ongoing analysis and reporting. This includes monitoring of and for suspicious transactions and mandatory reporting to international regulators. GokuMarket needs to keep certain information and documentation on file pursuant to applicable law and its contractual relationships, and GokuMarket hereby expressly reserves the right to keep such information and documentation. This will apply even when you terminate your relationship with GokuMarket or abandon your wallet and related applications.
GokuMarket and GokuMarket Community reserves the right to refuse service of the Site, or to bar transactions from or to, or terminate any relationship with, any user for any reason (or for no reason) at any time. Without limiting the generality of the foregoing, this includes, but is not limited to, anyone from or in jurisdictions that do not meet international AML/CTF standards as set out by the FATF; anyone that is a Politically Exposed Person within the meaning of the FATF’s 40 Recommendations; or, anyone that fails to meet any user due diligence standards, requests, or requirements of GokuMarket and GokuMarket Community. At all times, you may be subject to enhanced user due diligence procedures in your use of the Site and any Service.
8. YOUR REPRESENTATIONS & WARRANTIES:
You represent and warrant to GokuMarket and GokuMarket Community as follows:
8.1. that, if you are an individual user, you are 18 years of age or older and that you have the capacity to contract under applicable law;
8.2. that, if you are not an individual user, you have the requisite power and authority to sign and enter into binding agreements for and on behalf of the user;
8.3. that you understand the risks associated with using the Site, that you are not barred from using the Site by paragraph 3 of these Terms, and that you are not otherwise prohibited by applicable law from using the Site;
8.4. that you will not use the Site or any Services in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband Digital Tokens or proceeds;
8.5. that you will not trade or obtain financing on or through the Site or use any Services with anything other than funds or Digital Tokens that have been legally obtained by you and that belong to you;
8.6. that any trading or other instructions received or undertaken through your signature credentials are deemed to be valid, binding, and conclusive, and that GokuMarket may act upon those instructions without any liability or responsibility attaching to it; and,
8.7. that you will fairly and promptly report all income associated with your activity on the Site pursuant to applicable law and pay any and all taxes exigible thereon.
9. NO REPRESENTATIONS & WARRANTIES BY GOKUMARKET:
GokuMarket makes no representations, warranties, or guarantees to you of any kind. The Site and the Services are offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose.
10. NO ADVICE:
GokuMarket does not provide any investment advice or advice on trading techniques, models, algorithms, or any other schemes.
11. LIMITATION OF LIABILITY & RELEASE:
Important: Except as may be provided for in these Terms of Service, GokuMarket assumes no liability or responsibility for and shall have no liability or responsibility for any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses (collectively, referred to herein as “Losses”) directly or indirectly arising out of or related to:
11.1. these Terms of Service;
11.2. the Site, and your use of it;
11.3. the Services, and your use of any of them;
11.4. the real or perceived value of any currencies or Digital Tokens traded on GokuMarket, or the price of any Digital Token displayed on the Site at any time;
11.5. any inaccurate, misleading, or incomplete statement by GokuMarket or on the Site regarding your wallets, whether caused by GokuMarket’s negligence or otherwise;
11.6. any failure, delay, malfunction, interruption, or decision (including any decision by GokuMarket to vary or interfere with your rights) by GokuMarket in operating the Site or providing any Service;
11.7. any stolen, lost, or unauthorized use of your wallet information any breach of security or data breach related to your wallet information, or any criminal or other third party act affecting GokuMarket or any Associate; or,
11.8. any offer, representation, suggestion, statement, or claim made about GokuMarket, the Site, or any Service by any Associate.
You hereby agree to release the Associates from liability for any and all Losses, and you shall indemnify and save and hold the Associates harmless from and against all Losses. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, or any other basis, even if the Associates have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.
12. NO WAIVER:
Any failure by GokuMarket to exercise any of its respective rights, powers, or remedies under these Terms of Service, or any delay by GokuMarket in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by GokuMarket does not prevent either from exercising any other rights, powers, or remedies.
13. FORCE MAJEURE:
GokuMarket is not responsible for damages caused by delay or failure to perform undertakings under these Terms of Service when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, GokuMarket is excused from any and all performance obligations and these Terms of Service shall be fully and conclusively at an end.
These Terms of Service, and any of the rights, duties, and obligations contained herein, are not assignable by you without prior written consent of GokuMarket. These Terms of Service, and any of the rights, duties, and obligations contained herein, are freely assignable by GokuMarket without notice or your consent. Any attempt by you to assign these Terms of Service without written consent is void.
If any provision of these Terms of Service, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attaches only to such provision and everything else in these Terms of Service continues in full force and effect.
GokuMarket.com REST API Terms of Service
The following terms and conditions (the “API Terms of Service”) govern your access to, and use, of our proprietary application programming interface, including our ‘REST API’ or ‘Websocket API’ (collectively, the “GokuMarket API”) and the related documentation, the current version of which is located at https://dev.gokumarket.com/ (the “GokuMarket API Documentation”), all of which are designed to facilitate your access to, and use of, our Services (as defined in the Terms of Service).
1.1 License to GokuMarket API Documentation:
We hereby grant to you a revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the GokuMarket API Documentation solely to facilitate your development of applications that interface with the Services in accordance with these API Terms of Service and the GokuMarket API Documentation (each such application, an “Application”).
1.2. Suspension or Revocation of Access:
Notwithstanding the foregoing, we retain the right, at our sole discretion, to suspend or revoke your access to the GokuMarket API at any time and for any reason, including for:
1.2.1. violation of these API Terms of Service
1.2.2. for scheduled maintenance
1.2.3.to address any emergency security concerns
We reserve the right to change the GokuMarket API at any time and without notice. You acknowledge and understand that these changes may require you to make substantial changes to your Application at your own cost and expense. It is your responsibility to review the GokuMarket Documentation and these API Terms of Service regularly.
2.1 No Use Rights to GokuMarket Data Containing Personal Information
You may not use any GokuMarket Data that contains any information about any identifiable individuals (such information, “Personal Information”) and will promptly delete such Personal Information in your possession or control upon becoming aware of such Personal Information.
All rights (including intellectual property rights), title and interest in Aggregated Statistical Information, and all other materials provided by us hereunder, and any update, adaptation, translation, customization or derivative work thereof, will remain with us (or our third party suppliers, if applicable). All materials provided by us hereunder are licensed and not “sold” to you. All rights not expressly granted to you in these API Terms of Service are reserved.
4. WARRANTIES AND INDEMNITIES:
4.1. Transmitted Data Representation
You represent and warrant, and covenant with us, that all Transmitted Data will only contain data and information (including, if applicable Personal Information) in respect of which you have obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable Laws, to enable us to make available the GokuMarket API and exercise our rights under these API Terms of Service.
4.2. Indemnity In Connection with Your Use of the GokuMarket API
You will defend, indemnify and hold harmless us and all of our officers, directors, employees, contractors and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including reasonable legal and accounting fees arising out of or in connection with:
4.2.1. your Applications
4.2.2. your breach of applicable Laws or your representations or warranties hereunder
4.2.3. your use of the GokuMarket API contrary to these API Terms of Service or the GokuMarket API Documentation
In the event of any conflict or inconsistency between the API Terms of Service or the Terms of Service, these API Terms of Service will prevail to the extent of such conflict or inconsistency, except that for the purposes of these API Terms of Service, the term “Services” will, for greater clarity.
6. CHANGE TO API TERMS OF SERVICE:
Except where prohibited by applicable Law, we reserve the right to change these API Terms of Service at any time without notice. Your continued access to or use of the GokuMarket API or after any changes indicates your acceptance of such changes. It is your responsibility to review these API Terms of Service regularly.