1) General Provision
1. General
1.1 These terms and conditions (“Terms of Use”) are an agreement between terafarm co.,Ltd., a company established under Marshall Island law, (“us”, “we”, or “our”) and you (“User”, “you”, or “your”). This Agreement sets forth the general Terms of Use of your use of all services provided by terafarm co.,Ltd (“Service(s)”).
1.2 We aim to offer convenient services to you by using the OPEN API provided by third parties (collectively, “OPEN API Provider”).
1.3 As you click the consent mark when signing up, you acknowledge that you read and understood these Terms of Use and you agree to be bound by these Terms of Use from the respective date you sign up.
1.4 We reserve the right to modify or revise these Terms of Use from time to time by providing notifications of such updates or amendments. Such changes to the Terms of Use will take effect as of the “Last Updated” date stated at the beginning of these Terms of Use.
1.5 When we amend these Terms of Use, it shall be notified on the initial page of our Service from 7 days before the date of application to the day before the date of application. In case of adverse or important amendments, it shall be notified by email more than 30 days in advance.
1.6 If you do not agree with the terms of these Terms of Use or any modified version of these Terms of Use, you shall terminate the Service Agreement by withdrawing from the User Account. However, if the Agreement is terminated, the Service provided after logging in will not be available.
1.7 If you do not withdraw or continue to use the Service before the effective date of the revised version of these Terms of Use, you shall be considered to have agreed to the entire revised version of these Terms of Use.
1.8 Our Privacy Policy is incorporated by reference into these Terms of Use and you are required to read our Privacy Policy.
1.9 These Terms of Use contain very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions. Please read these Terms of Use carefully before accessing or using the Service. By using the Service in any way or for any purpose with or without a User Account and from any device and location, you agree and confirm that:
1.9.1 you have read and understood these Terms of Use and you accept and agree to be bound by these Terms of Use as they appear on each respective date that you use the Service;
1.9.2 you assume all the obligations set forth herein;
1.9.3 you are of sufficient legal age and capacity to use the Service;
1.9.4 you use the Service at your discretion and under your own responsibility.
1.10 Understanding of the Service
1.10.1 Our Service provides the OPEN API from OPEN API Provider to make it convenient for you to use.
1.10.2 We provide Services according to the policies and terms and conditions of OPEN API Provider that provided OPEN API to you and we cannot transfer Services to others or provide similar Services or conduct commercial activities.
1.10.3 You should fully understand our Terms of Use, and be aware that Services provided by OPEN API Provider are provided under the responsibility of their respective company, and that our Services are limited to Services that enable OPEN API.
1.11 In addition to these Terms of Use, we may set a separate notice, individual Terms of Use, individual agreements, usage guidelines, Operation Policy, and detailed instructions (collectively, "Detailed Guidelines") to notify or obtain consent from you. If the Detailed Guidelines with your consent conflict with these Terms of Use, the Detailed Guidelines will take precedence. Matters or interpretations not prescribed in these Terms of Use shall be governed by the Detailed Guidelines and relevant laws or practices.
1.12 Our Services are limited to those that enable the OPEN API and do not provide other Services provided by OPEN API Provider. In particular, we do not provide investment advice or investment recommendations, or discretionary investment advice as a Service.
1.13 Any content, data, information, or publications provided that enable you to use the OPEN API are provided directly from OPEN API Provider to you due to the natural trait of the OPEN API. Any opinions, advice, statements, services, offers, or other information made available by OPEN API Provider are those of the respective author(s) or publisher(s), and not of us. Such information should not be interpreted as approval by us of those content or information you may obtain from them.
2. Definition of Terms
2.1. The terms used in these Terms of Use are defined as follows:
2.1.1. “Service” refers to all services provided by Terafarm co., Ltd. through the OPEN API linkage and you can use them from any device (including wired and wireless devices such as PCs or mobile devices).
2.1.2. “Service Agreement” refers to a contract between Terafarm co., Ltd. and a user who signs up for the Service through WAWABIT (https://www.wawabit.com) or App Service and the contract is established with our consent.
2.1.3. “Termination” refers that the user terminating the Service Agreement concluded between Terafarm co., Ltd. and the user.
2.1.4. “User” (“you” or “your”) refers to a customer who accesses WAWABIT website and/or App Service, agrees to these Terms of Use and Privacy Policy, signs Service Agreement with us by signing up for an account, and uses the Service with UID and password.
2.1.5. “UID” refers to a combination of letters and numbers registered by a user and granted by us for the identification of a user and the use of Services.
2.1.6. “Password” refers to a combination of letters and numbers registered by a user to confirm that you are the consistent user that matches your UID and to protect your personal information.
2.1.7. “Nickname” refers to a nickname that can be set separately to use the Service in other than your UID.
2.1.8. “Identity Verification” refers to identifying users by their emails, contact number, etc. when signing up in order to protect users from illegal use of personal information.
2.1.9. “KYC (Know Your Customer)” refers to the personal information verification process required by the OPEN API Provider following its terms and conditions or operational policies.
2.1.10. “Post” refers to various information such as files, links, comments, articles, photos, videos, and pictures posted by users within our Service.
2.2. Any parts other than those defined in this section shall be governed by the relevant laws and regulations and individual service p
olicies established and notified by Terafarm co., Ltd., and those not prescribed by the relevant laws and the individual service policies shall be defined and interpreted according to the general business practices.
2) Service Agreement and Obligations of Parties
3. Establishment of Service Agreement
3.1. A person who wishes to use the Service applies by completing our application as the person acknowledges these Terms of Use, Privacy Policy, etc., thus establishing Service Agreement.
3.2. As you click the consent mark when signing up, you acknowledge that you read and understood these Terms of Use and you agree to be bound by these Terms of Use.
3.3. Upon the establishment of Service Agreement, Terafarm co., Ltd. grants a user a UID by these Terms of Use.
4. Sign-Up
4.1. In order to sign-up and use the Service, the user must have full legal capacity to act in Marshall Island law and in the user’s country of nationality.
4.2. If you are entering into these Terms of Use on behalf of a legal person (e.g., our company or any other legal entity), you represent that you have the authority to bind such legal person to these Terms of Use and that you have shared all email addresses. Password and access credentials must be obtained with other authorized representatives of the legal person. If you do not have such authority, you shall not access or use the Service.
4.3. Prior to the sign-up, you are solely responsible for ensuring that the use of the Service in accordance with these Terms of Use in your jurisdiction of residence is permitted by applicable laws. If such use is not permitted by laws, you shall not access or use the Service.
4.4. The following steps are necessary to sign-up to create the User Account and access the Service:
4.4.1. Sign-up: Fill in the sign-up form by providing your email address or contact number and password. You will be required to read the Terms of Use and Privacy Policy. Prior to clicking “Register” to continue the sign-up process, you must confirm that you accept these Terms of Use and have acquainted yourself with our Privacy Policy. After clicking “Register” your account is created (“User Account”).
4.4.2. From the moment Terafarm co., Ltd. provides you the User Account to access and use the Service, the sign-up process is completed. The User Account is provided to you free of charge, and a paid service account may be provided separately later. Terafarm co., Ltd. has the right to refuse to provide you free/paid User Account at its sole discretion, in which case you shall not use the Service.
4.4.3. You can terminate the registration process at any time and/or suspend the process and resume it at a later point. You can check for any errors in the information that you have entered and, if necessary, correct these by changing your input.
4.5. As a part of the sign-up process, you will be required to provide us with certain information, such as your email address, contact number, and a password. You are required to provide accurate, current and complete information about yourself and promptly update all information in your User Account to ensure that your User Account is accurate, current and complete. You may update or change your User Account settings at any time.
4.6. Depending on the Services you use, we may automatically register you to events OPEN API Provider organize for the possible benefits to you. Such contests do not oblige you to take actively part from the contest or do any additional actions.
4.7. You shall not transfer your User Account to another person or transfer your rights to Terafarm co., Ltd. based on this.
5. Restrictions on the use of Services and the termination of Service Agreement
5.1. You may terminate Service Agreement at any time by applying for termination through customer service.
5.2. We may terminate or suspend your User Account in case you violate terms described in Section 7.
5.3. You may check the Service Operation Policy User Obligations, and sanctions in case of violations on the website. You can check the reason of sanctions on the website and you can file an objection according to the procedure of customer service.
5.4. If you do not have full legal capacity under Marshall Island law and in the country of your nationality, we may impose restrictions on your use of the Service upon request from your legal representative.
5.5. Re-registration is possible within 7 days after withdrawal, but in case you are restricted from the Services in accordance with the Terms of Use and Policies, we may refuse your re-registration.
6. Change of User Information and UID Management
6.1. You can manage your personal information from a relevant page where you can view or modify your personal information. If necessary, we can request KYC for identification.
6.2. UID is unchangeable, and if you want to change it for certain reason, you must withdraw your account and sign-up again with a new UID.
6.3. You shall faithfully manage your information, and you shall update your information to the latest status. We are not responsible or liable for any damage caused or alleged by the delay or omission of information change due to user’s neglect of these terms.
6.4. The responsibility for management of the UID and password rests with the you.
6.5. We perform all user management tasks according to the UID, so if you want to change UID, it can only be changed with a valid reason.
6.6. You are responsible for any negligence in the use or illegal use of a third party caused by your UID or password.
7. User Account to Access the Service
7.1. You may use the Service only within the intended purpose and permitted use. Any use for other purposes or particular misuse of the Service is not permitted. You agree not to use your User Account and the Service in particular order to:
7.1.1. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racist, that glorifies violence, is pornographic, unethical or otherwise prohibited or objectionable;
7.1.2. impersonate any natural or legal person, or falsely state or otherwise misrepresent your affiliation with a natural or legal person;
7.1.3. transmit or otherwise make available any content that you do not have a right to make available, that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
7.1.4. engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary service used to maintain the Service;
7.1.5. trade on platforms in respect of which you should not have access to;
7.1.6. use the Service for your own profit-making business without consent;
7.1.7. interfere with or disrupt the Service or servers or networks connected to the Services, including but not limited to hacking or bypassing any measures we may use to prevent unauthorized access to the Service;
7.1.8. violate any applicable national or international rules and laws, as well as right of third parties; and/or
7.1.9. act be deemed that you carry a risk of inappropriate behavior from other users.
7.2. Failure of observing the limits of purpose and permitted use of your User Account and the Service is deemed a material breach of these Terms of Use. Terafarm co., Ltd. shall be entitled to – prejudice to any other rights – terminate your User Account. You may not use the Service if we have terminated your User Account of or otherwise banned you.
7.3. We may restrict the approval of your registration and may withhold the approval until the reason is resolved in any of the following cases:
7.3.1. if we determine that it is impossible to expand the facility within a short time due to a lack of service facilities;
7.3.2. in the event of a service failure;
7.3.3. when it is difficult to approve due to other certain reasons,
7.3.4. when you try to re-register within 7 days from the termination.
8. User Account Security
8.1. You acknowledge that your User Account is personal to you, and you are obliged not to provide any other person with access to the Service or portions of it using your email address, password, or other security information.
8.2. You are responsible for maintaining the confidentiality of your data and for monitoring and, if necessary, restricting access to your devices. Any email address, password or any other information chosen by you or provided to you as a part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when disclosing it to any other person or entity. You must exercise caution when accessing your User Account from a public or shared computer so that others are not able to view or record your password or other User Account information. You agree to ensure that you logout from your User Account at the end of each session.
8.3. You accept responsibility for all activities that occur under your User Account or from your devices in relation to the Service and your User Account, including any misuse of your User Account. Terafarm co., Ltd. will use reasonable and industry-standard security measures to protect you from unauthorized access to your User Account. You agree to notify us immediately of any unauthorized access to or use of your User Account or any other breach of security. If you fail to notify Terafarm co., Ltd. accordingly, Terafarm co., Ltd. might not be able to prevent such unauthorized access or other breach of security or take corresponding security measures.
8.4. You acknowledge and agree that to the extent permitted by applicable law, we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your User Account arising from a failure on your part to maintain the confidentiality of your password, if we have performed our obligation to apply reasonable and industry-standard security measures.
9. Customer Information
9.1. We may perform appropriate KYC procedures as required by the terms and conditions of OPEN API Provider. In particular, if we need to enter designated documents to prove your identity, address, and financial means after you completely register the information required by the OPEN API Provider, we can link the input through the OPEN API.
9.1.1. You may be required to provide your name, address, date of birth, country of residence, contact number, and email address.
9.1.2. The KYC documents we request under applicable regulations that apply to your account may include, but is not limited to, the following:
9.1.2.1.1. Identification: a vivid colored copy of an identification card, such as a resident registration card, passport or driver’s license.
9.1.2.1.2. Proof of address: Official documentation containing the address, such as bank statement, lease agreement, or utility bill (cell phone bill is not allowed).
9.1.2.1.3. Proof of property: Official documentation showing the source of funds (e.g. payroll or bank statement).
9.2. We may suspend your account until you provide sufficient identity information, evidence of identity and address, and sources of funding and property.
9.3. When KYC document expires, we have the right to request additional KYC documents that have not expired.
9.4. You agree to disclose your information to third parties for KYC and other verification.
10. Anti-Money Laundering (AML)
10.1. We prioritize AML policies of OPEN API Provider, provider of OPEN API Service, and certain rules and restrictions are operated by the provider.
10.2. Our AML policy follows the policy of OPEN API Provider.
3) Provision and use of Services, etc.
11. OPEN API Service
11.1. Data in our service is displayed from direct connection between users and OPEN API Provider through OPEN API.
11.2. Information you entered while using our Service is directly connected to OPEN API Provider through OPEN API.
11.3. We may publish a guide to the use of Services provided by OPEN API Provider on our website or provide written information in other ways. We do not guarantee the accuracy of this information.
11.4. We may suspend, terminate, or cancel the Services at our sole discretion. These situations include, but are not limited to:
11.4.1. political, economic, military or monetary events (including abnormal market volatility or non-liquidity) or situations beyond our control, responsibilities and powers make it reasonably impossible for us to operate without significantly harming our interests;
11.4.2. a problem with OPEN API Provider; and
11.4.3. an error in Service or other IT systems.
11.4.4. All our Services are provided through OPEN API and are subject to changes in OPEN API Provider’s policies.
11.5. Benefits and reward programs offered to users are operated in accordance with the operational policies of OPEN API Provider.
12. Change and Management of Service
12.1. We may change all or some of the Services we offer based on operational and technical needs.
12.2. Terafarm co., Ltd. reserves the right to change these Terms of Use. You will be informed of any changes to the Terms of Use within the Service seven (7) days in advance. We shall not be responsible for any damage caused by your failure to inquire the contents of the notice, unless there are special provisions in the relevant laws and regulations.
12.3. We can provide you various and beneficial information through email, text, messages, and pop-up screen windows on the website. If you do not wish to receive such information, you may refuse to receive it or unsubscribe to it.
12.4. In principle, the use of Service is open for 24/7, unless there are any particular operational or technological problems. However, this does not apply to the period of time we have set for regular inspections.
12.5. We can divide the Services into certain ranges and set available time for each range. In this case, the contents will be announced in advance.
12.6. We may suspend the Service in any of the following cases:
12.6.1. Where it is unavoidable due to construction works such as maintenance etc.;
12.6.2. If there is a service inspection, failure, or interruption of services provided by OPEN API Provider;
12.6.3. Other unavoidable reasons;
12.6.4. In the event of a national emergency, power outage, service facility failure, or traffic congestion,
12.6.5. In the event of replacement with new Services or other reasons for which we are unable to provide Services.
13. Paid Services
If we partially introduce paid services in accordance with the Operation Policy, we notify you in advance and provide them under the consent of users.
4) Others Matters
14. Management of Posts
14.1. We value your posts and do our best to protect them from tampering, damage, or deletion. The post may be deleted without prior notice, and the qualification of the relevant user may be restricted, suspended, or lost in any of the following cases:
14.1.1. In the case of a content that severely humiliated or damages the reputation of another user;
14.1.2. In the case of disseminating or linking contents that violate public order and customs;
14.1.3. In the case the content encourages illegal copying or hacking;
14.1.4. Advertising for commercial purposes;
14.1.5. If the content is deemed to be related to a crime;
14.1.6. In the case of infringement of other rights, such as copyrights of other users or third parties;
14.1.7. If the content violates the posting policy or does not comply with the nature of the page,
14.1.8. If the content is deemed to be violating other relevant laws and regulations.
15. Damages, Disclaimers, and Refunds
15.1. We are responsible for compensating the user of damages caused by our intention or negligence in relation to the user’s use of the Service. However, we are not responsible for any damage to the users regarding the free Services we provide.
15.2. We are not responsible to any failure to the Service is subject to the terms and conditions and policies of the OPEN API Provider since we provide Services through the OPEN API.
15.3. We are not responsible for any damage that may occur to users while using the Service.
15.3.1. Problems caused by internet or communications failure.
15.3.2. Service unavailable or delayed due to system failure of OPEN API Provider.
15.4. We are not responsible or liable for any loss caused by the user leaving it unattended without notice to us immediately, even though you knew that a third party could have used your User Account without authorization.
15.5. We are not responsible for any damages caused by your refusal to take additional security measures we required without valid reasons.
15.6. We are not responsible for any loss caused by the use of the Service since it is directly connected between the member and the OPEN API Provider through OPEN API.
16. Disclaimers
16.1. We are not responsible for any of the following cases:
16.1.1. In the cases of force majeure, such as wartime, natural disaster, or equivalent national emergency;
16.1.2. In the event of damage caused by intention or negligence of a user;
16.1.3. In the case of a telecommunication service failure provided by a telecommunications service provider; or
16.1.4. In the case of intention or negligence of a third party such as OPEN API Provider who provides OPEN API, which is not a service directly provided by us.
16.2. We are not responsible for any disturbance in the use of the Service that is due to reasons attributable to user.
16.3. We are not responsible for any damages caused to a third party due to the violation of these Terms of Use and related laws of the user.
16.4. We are not responsible for any defects caused by poor service of the telecommunications service provider or regular server inspection.
17. Proper Law
Marshall Island law applies to disputes between user and Terafarm co., Ltd.
18. (Others matters)
18.1. If any matters not specified in these Terms of Use are stipulated in the relevant laws and regulations, they shall be governed by those laws and regulations.
18.2. In the case of paid service users, paid service terms and conditions or paid service policies separately specified by Terafarm co., Ltd. may be applied.
19. (Reception of Advertisement)
19.1. Advertisements such as customized services, various prize events, and events provided by WAWABIT.com is sent to users through e-mail, postal mail, text (SMS, SNS), push notifications and phone calls.
19.2. You can change your acceptance of advertisement to Agree or Disagree in the settings at the WAWABIT.com site.
20. Sanctions Compliance
By accessing and using Terafarm co., Ltd.’s Services, you represent and warrant that you:
20.1. have not been included in any trade embargos or economic sanctions lists, including but not limited to:
20.1.1. Restrictive measures of the European Union;
20.1.2. Sanctions of the United Nations;
20.1.3. Sanctions of the Government of Marshall Island;
20.1.4. the list of specially designated nationals maintained by Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury;
20.1.5. the denied persons or entity list of the U.S. Department of Commerce;
20.1.6. Lists of subjects to Financial Sanctions maintained by the UK Office of Financial Sanctions Implementation (OFSI),
20.2. your use and access of Terafarm co., Ltd. Services do not violate or circumvent international sanctions and restrictive measures established by the European Union, United Nations, United States of America, United Kingdom, or other international sanctions applicable in the Marshall Island, and
20.3. are not from any of the following comprehensively sanctioned countries or geographical regions (this list is subject to change from time to time):
20.3.1. Belarus
20.3.2. Burma (Myanmar)
20.3.3. Cote d’Ivoire
20.3.4. Crimea (Region of Ukraine)
20.3.5. Cuba
20.3.6. Democratic Republic of the Congo
20.3.7. Donetsk (Region of Ukraine)
20.3.8. Iran
20.3.9. Iraq
20.3.10. Liberia (Former Regime of Charles Taylor)
20.3.11. Libya
20.3.12. Luhansk (Region of Ukraine)
20.3.13. Nicaragua
20.3.14. North Korea
20.3.15. Sierra Leone
20.3.16. Somalia
20.3.17. Sudan
20.3.18. Syria
20.3.19. Venezuela
20.3.20. Yemen
20.3.21. Zimbabwe.