Terms and Conditions for NTH service
Article 1 (Purpose)
The purpose of this Terms and Conditions (the “Terms and Conditions”) for NTH services is to prescribe general matters such as the rights, obligations and responsibilities, conditions and procedures between the Company and its Members with respect to the use of NTH and its related services provided by NTH Chain Cambodia. (the “Company”).
Article 2 (Definitions)
The terms used in this Terms and Conditions shall be defined as follows.
1. “Service” means NTH and its related services provided by the Company through Member’s mobile equipment. (including different types of wire or wireless equipment such as mobile, tablet PC, etc.).
2. “Member(s)” means customers who access and use the services by executing the service agreement with the Company according to the Terms and Conditions.
3. “ID (E-mail)” means a Member’s email address with a combination of alphabets and numbers determined by the Member and approved by the Company for the identification of Members and the provision of the services.
4. “NTH” means cryptocurrency NTH and N.CASH(Point) issued by NTH Chain Cambodia. allocated to the Member through the use of the services pursuant to Article 13
5. “Check-in” means the act of a Member recording the information about his/her action at his/her current location.
6. “History” means the page and function showing NTH rewarded by recording the location of the Member and the Check-in location.
7. “NTH Wallet” means the page and function providing the N.CASH(Point) and cryptocurrency called NTH and its related functions (such as allocation and receipt/transmission, etc.)
8. “Sponsored Contents” means the contents provided to the Member for payment or free of charge in partnership with external companies.
Article 3 (Publication and Amendment to the Terms and Conditions)
1. The Company shall disclose the contents of this Terms and Conditions in the app’s settings and on the initial page of https://www.nthchaincambodia.io/ (the “Website”) for easier understanding of the Members; provided, however, the contents of this Terms and Conditions may be checked by users through the connection page.
2. The Company may amend this Terms and Conditions to the extent that such amendments are in breach of the Act on the Regulation of Standardized Terms and Conditions, the Act on Promotion, etc. (the “Communications Network Act”), the Electronic Financial Transactions Act of Korea and Personal Data Protection Act (“PDPA”).
3. If the Company amends the Terms and Conditions, it shall notify the effective date and the amendments on the notice board of the Website or via e-mail 14 days prior to the effective date; provided, however, it shall have at least 30 days of grace period before the notification in the event there are any amendments of the Terms and Conditions which are unfavorable to the Members. In this case, the Company shall clearly compare the contents before and after amendments and show such comparison for easy understanding of the Members.
4. Members not expressing the objection explicitly to the amendments within 30 days when notifying or informing the amendments would be deemed to agree to the amendments.
5. If the Members express their opinion of disagreement with the amendments, the Company cannot apply such amendments, and the Members may terminate the service agreement. In principle, the Company shall apply the existing terms and conditions to the Member who disagrees with the amendments, however, if there is any special circumstances that such existing terms and conditions cannot be applied, the Company may terminate the service agreement executed with the Member. If the Member does not agree after checking the details of the change in the terms and conditions, complete the Application form of complaint/dispute of personal data use (see 022. Guide to Notification) and e-mail it to the DPO.
Article 4 (Interpretation of the Terms and Conditions)
1. With respect to any matters or interpretation not specified in this Terms and Conditions, the relevant laws and regulations or including the Act on the Consumer Protection in Electronic Commerce (the “Act on the Consumer Protection in Electronic Commerce”), the Act on the Regulation of Standardized Terms and Conditions, and the Guideline on the Consumer Protection in Electronic Commerce issued by the Fair Trade Commission, or customary commercial practices shall be applied.
2. The Company may have separate terms and conditions or policies (the “Separate Terms and Conditions”) for individual services of NTH, and the Separate Terms and Conditions shall prevail if it conflicts with the Terms and Conditions.
Article 5 (Execution of the Service Agreement)
1. The Company shall execute the service agreement by accepting the application submitted from the person wishing to be the Member (the “Subscriber”) after the subscriber agrees with the Terms and Conditions. If necessary, the Company may request verification of the name and identification through external identification verification institution.
2. The applicant must enter true information when applying for membership and check again whether the information is accurate. For identification and membership management, the applicant must enter his/her NTH subscription phone number, nickname, and email information. The applicant shall be responsible for any disadvantages or legal liabilities arising from unintentional or false information.
3. If the Subscriber has previously lost its qualifications for the Membership, or if the Subscriber has used any false or other person’s name, or if there are any other justifiable grounds for refusal, the Company may refuse to accept the Subscriber as a Member.
4. The Company may withhold its approval if there are technical or other business reasons, such as lack of sufficient capacity of the equipment or facility for the provision of services, and shall inform the Subscriber of such circumstances.
5. Minors (only those under the age of 14 or below the age defined in other relevant laws) are not required to sign up for membership in principle. In the case that a minor applies for membership by recording false information, the Company is not responsible. In the event of discovery, the Company can discontinue the service and delete all information.
Article 6 (Changes of Personal Information)
1. The Members may access and change their personal information through My Page screen in the service; provided, however, due to service management purposes, NTH subscription phone number cannot be changed. If the member wishes to make a correction request via e-mail, complete the Access/correction/withdrawal requisition form (see 042. Guidelines to handling access requests) and send it to the DPO by e-mail.
2. The Members shall modify or notify the Company in accordance with Paragraph 1 above within the specific period, in the event of any changes in personal information of the Member entered at the time of signing up, and the Company shall not be liable for the disadvantage resulting from the Member’s failure to amend or notify the Company.
Article 7 (Service Contents)
1. NTH service is data platform service based on block-chain and the application that enables the use of N.CASH(Point) and cryptocurrency called NTH obtained through the Member’s location information and Check-in function.
(1) The basic contents of NTH service provided by the Company to the Members are as follows:
i. Location Information: provision of location information of the Member at a certain time, Check-in record of the Member, anonymous and unidentifiable location information of other NTH Members
ii. N.CASH Allocation: N.CASH allocation to the Member who completed the actions described in Article 13 of the Terms and Conditions
iii. NTH Wallet: confirmation of the N.CASH(Point) and NTH Token amount owned and receipt of NTH transferred from other wallet or transfer to the other wallet
iv. Other services, such as events, developed by the Company through partnership with other Company(s) and provided to the Member
(2) The Company operates the website (https://www.nthchaincambodia.io/) for the services, and the Member may inquire the details of the service through the website.
(3) The Company may provide advertisement and service related information according to the requirements and procedure set forth in the Communications Network Act if prior consent was obtained from the Member, and can be unsubscribed if the Member does not wish to receive such information.
(4) When running the app, the Member’s location information is updated at a certain time and is recorded in database. The Company shall provide a separate terms and conditions for the collection and processing of the Member’s location information.
(5) If the Member does not wish the Company’s app to be run, he/she can turn off the setting for ‘location information provision agreement (name change is required)’ in the set up window when using the service.
(6) If the Member does not wish to use push notifications, he/she can turn off the setting for ‘push notifications’ in the set up window when using the service.
2. NTH Wallet service is the service that enables the Member keeps, receives, and transfers N.CASH(point) and NTH Token.
(1) The basic contents of NTH Wallet service provided by the Company to the Member are as follows:
i. Display function of NTH reserve amount: the amount of N.CASH(point) and NTH Token retained by the Member currently
ii. NTH transfer function: NTH Token transfer function to the other wallet shall be provided (provide information regarding the address of wallet and the amount transferred)
iii. NTH receiving function: NTH Token receiving function from the other wallet shall be provided (provide information regarding the address of wallet and the amount received)
(2) In the event of receiving the NTH Token, the address of the other wallet can be registered as “Favorite” and designated by the matching name recorded directly by the Member.
(3) The details of the N.CASH(point) and NTH Token allocation, receipt and transfer may be confirmed on a day-to-day basis, and the details may be checked from the date of commencement until the date of withdrawal from Membership.
Article 8 (Change of the Service)
1. The Company may change all or part of the service to be provided according to the agreement executed in the future, as required by operational and technical needs, and there shall be no separate compensation in this regards unless otherwise specified in the Terms and Conditions. In this case, any reasons for such change and dates, and change details shall be specified and published immediately in the public notice board operated by the Company. If the purpose of the service is changed, notify the member by app and then obtain consent again.
2. If the Company changes the contents of the service agreement executed with the Member as required by operational and technical needs, it shall promptly notify the Member the reasons for such change in the manner specified in Article 10.
Article 9 (Temporary Suspension of the Service)
1. The Company may temporarily suspend the provision of services due to technical and business reasons such as maintenance, replacement and breakdown of service related equipment. In such case, it shall notify the Members in advance, however, it may notify the Members afterwards if there are unavoidable circumstances.
Article 10 (Notices to the Member)
1. If the Company gives notices to the Member, it shall send such notices to the email address provided by the Member in advance; provided, however, the Company shall not bear any responsibility for any failure to give notice caused by the Member’s failure to provide a correct email address.
2. In the event of giving notice to a large number of Members, individual notice can be replaced by posting a notice on the board of the Company more than 7 days; provided, however, individual notice shall be given if there are matters that have a material effect on the Member’s interests.
Article 11 (Termination of the Agreement by the Member, Request for Suspension of the Use, etc.)
1. The Members may request the termination of the Service Agreement at any time through the account management menu in the service, and the Company shall promptly deal with such request.
2. In case of the termination pursuant to Paragraph 1, NTH retained in the account shall be lost if there is no individual key separately kept, and it is impossible to repossess such lost NTH.
3. The Company shall bear no responsibility for damages suffered by the Member resolting from the services becoming unavailable due to termination, including discontinuance of the sponsored services and the function to transfer NTH to the external wallet, etc.
4. The Member may request the suspension of the service through the procedure specified herein, such as email. The member should complete the Access/correction/withdrawal requisition form (see 042. Guidelines to handling access requests) and e-mail it to the DPO for the withdrawal request.
Article 12 (Termination of the Agreement by the Company, Restriction on Use, etc.)
1. The Company shall notify the Member in the following cases and grant the opportunity to such Member to defend him/herself before losing his/her Membership status; provided, however, if the defense statements presented by the Member are not appropriate or sufficient, such Member’s qualifications for Membership may be lost by terminating the service agreement executed with such Member.
(1) In the event of the Member’s death
(2) In the event of an illegal use of personal information or mobile device of other person
(3) In the event that personal information entered by the Member when signing up is found to be false
(4) In the event of an illegal or unauthorized use or allocation of N.CASH(point) and NTH Token
(5) In the event of interfering with other Member’s use of the service, or otherwise threatening the electronic transactions environment
(6) In the event of misrepresentation of the Foundation, system operator, and employees, etc. outside the service
(7) In the event of threatening the system by changing the Company’s client program without notice or server hacking, etc.
(8) In the event of damaging the Company’s reputation or goodwill or otherwise interfering with the business of the Company, by disseminating false information and/or taking other fraudulent measures
(9) In the event of promoting spams regarding the service
(10) Any other actions committed in breach of this Terms and Conditions or the relevant laws
(11) In case a minor subscribes to a membership by falsely stating the member information
2. In the event of the circumstances specified in Paragraph 1 above, if the evidence of decease was submitted by the Member’s family to the Company, NTH owned by such Member can be used and transferred within 30 days from the date of the Company’s notification to the Member’s family confirming the cause specified in the Paragraph 1 (settlement period). After such settlement period, any remaining NTH shall be reverted to the Company.
3. If the Member receives a written notice of losing its qualifications for Membership for the reasons set forth in Paragraph 2 through 10 above, such Member’s N.CASH(point) and NTH Token shall be reverted to the Company immediately after the notification, except in the case the nature of the breach is very minor, and the Member shall not raise any objection.
4. In any of the foregoing cases, the Company may at its own discretion impose restrictions on the use of the service instead of terminating the Membership.
Article 13 (NTH Allocation)
1. N.CASH(point) will be allocated by the Company to the Member in the following events:
(1) If the Member’s location is recorded by completing certain actions (for example, downloading the app and signing up for the membership)
(2) If the Member’s location is recorded using the Check-in function
2. The details of allocated N.CASH(point) and NTH Token can be found in the History and wallet page of the service. From latest date upto past 7 days.
3. If there is any difference between NTH allocated amount entered in the server and client’s N.CASH(Point) allocated amount, the amount entered in the server shall prevail at all times, and the difference resulting from synchronism of the server and client shall not be subject to correction.
4. N.CASH(point) and NTH Token cannot be used for inheritance, rental, lease and/or security purposes, except as set forth in Article 12(2), and the Company shall bear no responsibility for the results caused by N.CASH(point) and NTH Token being subject to inheritance, rental, lease and/or security by any individual Member.
Article 14 (Correction, Cancellation and Expiration of NTH)
1. In the event of any error in N.CASH(Point) allocation, the Member may request the correction to the Company within 30 days from occurrence of such error, and the Company shall correct the error within 30 days from the receipt date of correction request if such request is found to be with reasonable grounds. However, the service may be temporarily suspended due to unavoidable reasons such as system check, expansion, replacement, external linkage system and network failure, It shall not be corrected if no allocation has been earned for that reason.
2. In the event of conducting N.CASH allocation through automatic collection at a certain time and Check-in by using illegal or unauthorized methods such as client changes, hacking, and macros, etc. without visiting specific locations in practice, it shall be deemed to be “False Allocation,” in which case all N.CASH retained during the time identified as False Allocation shall be amended to be zero (0).
3. The member should complete the Access/correction/withdrawal requisition form (see 042. Guidelines to handling access requests) and e-mail it to the DPO for the correction request.
Article 15 (ID and Password)
1. The Member shall bear responsibilities for the management of their NTH subscription phone number, nickname, e-mail address and also the Member shall not expose or give NTH subscription phone number, nickname, e-mail address to a third party.
2. If the Member becomes aware that their ID or password has been stolen or used by a third party, he/she shall promptly notify the Company and follow guidelines of the Company.
3. In case of Paragraph 2, the Company shall bear no responsibility for the disadvantages caused by failure to give notice or to follow the guidelines of the Company. If the member has any complaints, please complete the Application form of complaint/dispute of personal data use (see 042. Privacy Notice Guidelines) and e-mail it to the DPO.
Article 16 (Obligations of the Foundation)
1. The Company shall not violate applicable laws and regulations or the Terms and Conditions and use its best efforts to provide the services consistently and safely.
2. The Company shall maintain a security system for personal information protection and will disclose and comply with its privacy statement.
3. The Company shall handle the Member’s comments or complaints if such comments or complaints regarding the use of services are found to be reasonable, and the results shall be notified to the Member via the Company’s notice board or email.
4. If the Member suffers damages resulting from unfair labeling or advertising of the service committed by the Company against Article 3 of the Act on Fair Labeling and Advertising, the Company shall be responsible for such damages.
5. The Company shall not send commercial emails for profits which the Member does not wish to receive.
Article 17 (Obligations of the Members)
The Members shall not engage in the following activities in connection with the use of services.
1. Registration of false information when submitting and changing applications regarding the use of services
2. Destroying, changing without notice, deleting, etc. various information posted in the service
3. Disassembling, changing, and copying the service through any means
4. Infringing the rights including intellectual property rights of the third party and the Company
5. Defamation or collecting other Member’s personal information
6. Sending advertisements or exposing obscene, violent information, etc. to others without the consent of the Company
7. Failure to perform his/her obligations under the Terms and Conditions
8. Other illegal or unjustifiable acts
Article 18 (Ownership of Copyrights and Restrictions on Use)
1. Intellectual property rights in regards to trademarks, logos, provided services and advertisement of the Company shall be owned by the Company.
2. The Members shall not copy, transmit, publish, distribute, broadcast or use for commercial purposes or allow a third party to use information obtained when using the service without prior consent of the Company.
Article 19 (Dispute Settlement regarding the Service)
1. The Company shall establish and operate the complaint handling department to reflect reasonable comments or complaints submitted by the Member and to remedy the damages.
2. The Company shall promptly address comments or complaints regarding the use of service submitted by the Member; provided, however, if prompt treatment is not possible, the Member shall be informed of the reasons for the delay and the estimated timing of the remedy.
3. For the members’ complaint, please complete the Application form of complaint/dispute of personal data use (see 022. Guide to Notification) and e-mail it to the DPO.
Article 20 (Termination of the Service)
1. The Company shall notify the Member 3 months prior to the date of termination of the service in the manner specified in Article 10 of this Terms and Conditions.
2. As of the date of termination notification, allocated N.CASH(Point) shall be used or transferred in accordance with the Terms and Conditions until the date of termination of the service, and the Member shall not claim its rights in respect of N.CASH(Point) as it will be automatically vested in the Company after the date of termination of the service.
3. A part of the service may be limited from the date of termination notification until the date of termination of the service.
Article 21 (Governing Law and Jurisdiction)
1. Any disputes arising between the Company and the Member shall be governed by the laws of the Republic of Korea.
2. Any legal proceedings between the Company and the Member shall be submitted to the exclusive jurisdiction of Seoul Central District Court.
Article 22 (Obligation to Protect Personal Information)
1. The Company shall collect minimum personal information to the extent necessary to provide the services when collecting the Member’s personal information.
2. The Company shall notify the purposes and obtain consent from the Member when collecting and using the Member’s personal information.
3. The Company may not use collected personal information other than the forgoing purposes, and if any new purpose arises or a third party has to be provided such information, the Company shall notify such purposes and obtain consent from the Member in the use and provision stage, except as otherwise specified in applicable laws.
4. If the Company is required to obtain consent from the Member pursuant to Paragraph 2, it shall specify or notify in advance the matters set forth in Article 22(2) of the Communications Network Act, such as the identification of the personal information protection manager (division, name and phone number, other contact number), the purpose of the collection and use of information, and relevant matters regarding information provision to the third party (receiver, purposes and contents of information provided), etc., and regulations of the “PDPA”, and the Member can revoke the consent at any time.
5. The Member can request inspection and error correction of its personal information possessed by the Company at any time, and the Company shall be obliged to take proper actions without delay. If the Member requests correction of the error, the Company shall not use such personal information until the correction of such error.
6. The Company shall limit the number of the person processing the Member’s personal information to the minimum to protect personal information and shall be folly responsible for the losses caused by the loss, theft, discharge, third party provision without consent, and falsification, etc. of the Member’s personal information including credit cards, bank accounts, etc.
7. The Company and a third party receiving personal information from the Company shall immediately destroy such information when achieving the purposes of the use or provision of personal information.
8. The Company shall not pre-check the consent box for the collection, use and·transfer of personal information in advance. In addition, it shall specify the service which may be limited when rejecting the consent for the collection,·use·and transfer of personal information, and shall not restrict or refuse the provision of the service (including signing up, etc.) due to the Member’s refusal to provide personal information that is not essential to provide its service.
Supplementary Provision
This Terms and Conditions shall be effective from May 30, 2021.
Former Terms and Conditions shall be replaced by this Terms and Conditions.