Welcome! Thank you for choosing JuanExchange (“JEX”), is a flatform that offers services or engages in activities that provide facility for the conversion or exchange of fiat currency to virtual currencies (VCs) or vice versa or other value, operated by and proprietary to Zybi Tech Inc., (Zybi Tech) which is a company incorporated under the laws of the Philippines.
You are hereby instructed to refrain from using our service if you are located in, or a citizen or a resident of any state country, territory or other jurisdiction where the use of our service is illegal or otherwise violates any of your local laws.
Covenant of the User
Furthermore, by accessing and using JEX, you represent and warrant that you are not involved in any illegal or unlawful trade, business or transaction, or is part of any negative list in the Philippines, or any equivalent circumstance in the Philippines or in other countries, that prohibits you from engaging in any trade or business for any reason/s.
Description of Services
JEX provides an online digital asset trading platform for products commonly known as cryptographic tokens, digital tokens or cryptographic currency (collectively, “Virtual Currency”). The platform offers a facility for crypto to crypto trading. We do not offer fiat to fiat trading capabilities or represent buyer or seller in trades.
User Identity Verification
To have your account verified, you shall provide us with your:
i. Complete Name;
ii. Date of Birth;
iv. Nationality; and
In addition, you are required to send us with your:
i. Front and back view of your valid Government ID;
ii. A selfie holding your Government ID; and
iii. A note with a handwritten phrase “JuanExchange”, current date, and your signature.
Upon receipt of the required information and documents, we shall verify, authenticate and validate the same within the next 24-48 hours. If we discover that the information you had provided is incorrect, untruthful, outdated or incomplete, you will receive a notification from us to correct the same.
Exclusivity via JuanCash
You understand and agree that JuanCash is the only platform where you can cash-in and cash-out your fiat money from your JEX fiat wallet.
Assumption of Risk
You understand and agree that acquiring, holding and trading of Digital Currency goes with some risks and chances, positive or negative, as the price and value thereof may change rapidly from time to time depending on market situation and other factors. As such, we advise and encourage all users to exercise utmost prudence and diligence and good business judgment in transacting, dealing, exchanging or trading Digital Currency.
Losses and Liabilities
You shall be solely responsible for the safekeeping of your JEX account and password on your own, and you shall be responsible for all activities under Account and we will not be responsible for any loss or consequences of authorized or unauthorized use of your Account credentials including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement, etc.
Shall refer to an event or occurrence that affects or tends to affect the data protection or may compromise the availability, integrity, and confidentiality of user’s personal data.
Should you have a reasonable belief that any of the foregoing breaches occurs, please contact our Customer Support Department at 878-0889 loc. 402, 403, and 412 or send us an email at email@example.com to prevent further injury or loss upon your person or account.
If during the internal investigation, it is determined that the reported breach actually occurred due to the fault of JEX, please allow us five (5) banking days for our Legal Department to contact you for possible indemnification or restitution of any property that was lost.
Except in cases of fortuitous event or force majeure, JEX will be vicariously liable for the system failure due to the negligent acts of our employees that resulted to losses or injury suffered by you.
You agree and understand that we shall not be liable for any loss or damage arising from any use of your account, whether such use is made by you or by any third person and regardless if the use of the latter is authorized or not.
You are obliged to immediately notify us if you suspect or become aware of any unauthorized use of your account and/or your username and password. In this case, the rule on Security Breach shall apply.
You agree and understand that in no event shall we be liable for any delay, failure in performance or interruption of service by reason of any cause or condition beyond our reasonable control, including but not limited to, acts of God, acts of nature, acts of civil or military authorities, acts of terrorists, civil disturbance, war, strike or other labor dispute, earthquake, fire, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.
Disclaimer of Warranties
You understand and agree that JEX materials, products, services and any and all information found and provided in the website are on an “as is” and “as available” basis. Thus, we disclaim any and all warranties, whether express or implied, including, without limitation to, merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights arising from the course of performance, dealing or usage in trade. We also do not warrant and guarantee the accuracy, adequacy or completeness of any and all information, data and materials found in the website, and expressly disclaims liability from any and all errors or lapses therein. No warranty or guarantee is also given and that the platform or the website is free from any and all kinds of viruses or other corrupting codes and programs.
You also understand and agree that prices of VCs may rapidly change, increase or decrease from time to time depending on market situation and other factors beyond our control. In this regard, we do not warrant or guarantee any income, profit or interest from any and all of your trades, transactions or dealings through the use of JEX.
You further understand and agree that we have no control over the actions, intentions and preferences of the users. Thus, we do not warrant or guarantee that other users you are dealing with shall complete a transaction or are authorized to do so. We likewise make no representation or warranty as regards timeliness or promptness of complete processing of every transaction, as well as the technical accessibility, fitness or flawlessness of the services.
Custodianship of Virtual Currency
All VCs held in your JuanExchange Wallet are custodial assets held by Zybi Tech for your benefit, means;
a. Ownership to VCs shall at all times remains with you and shall not transfer to any person without your prior consent. As the owner of VCs in JuanExchange Wallet, you shall bear all risk of loss of such VCs. We shall not be held liable for the fluctuations in the fiat currency value of VCs held in your JuanExchange wallet.
b. You control the VCs held in your JuanExchange Wallet. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your VCs by sending it to a different blockchain address controlled by you or a third party.
c. In order to more securely custody assets, we may use shared blockchain addresses, controlled by ours. Although we maintain separate ledger accounting entries for our users and Zybi Tech accounts, no member of the Company shall have any obligation to segregate by blockchain address VCs owned by you from VCs owned by other customers or by any member of the Company.
d. For purposes of effectuating a Trade, you authorize us to take temporary control of the VCs that you are disposing of in the Trade.
JEX account shall be accessed and used only by the person under whose name it is registered. Violation of this condition is a ground for us to disable your account. We reserve the sole and absolute right to suspend, freeze or cancel those accounts that are used by persons other than those to whom the same are registered. You are obliged to immediately notify us if you suspect or become aware of any unauthorized use of your account and/or your username and password. We shall not be liable for any loss or damage arising from any use of your account, whether such use is made by you or by any third person and regardless if the use of the latter is authorized or not.
We strive to keep and maintain the safety of all users’ funds entrusted to us, and we undertake to observe and implement security and protection standards therefor. However, there are risks that are created by or connected with the actions of each individual user. In this regard, you agree to consider your access credentials such as your email address / mobile number and password as confidential information and not to disclose the same to any third person. You likewise agree that you alone are responsible for taking the necessary precautions to protect your own account and personal information. You shall be solely responsible for the safekeeping of your JEX account and password and all your activities therefor. We shall not be liable for any loss, risk or consequence of authorized or unauthorized use of your account.
By creating and maintaining an account with JEX, you hereby understand and agree that:
i. You shall keep your access credentials - email address / mobile number and password - strictly confidential.
iii. You shall strictly observe the security, authentication, dealing, charging and withdrawal mechanism and any and all processes and procedures of JEX.
iv. You shall properly log-out from the website at the end of every visit.
Guidelines in Using the Services
License and Authority to Use and Access JEX
You acknowledge, understand and agree that JEX, its website, platform, materials and services and any and all things related or connected thereto are owned exclusively by us. Thus, notwithstanding your access and usage of JEX, we are not assigning, conveying or transferring any title, ownership, interest, right or privilege to you or anyone else. The content layout, format and features, and all texts, graphics, user and visual interfaces, photographs, sounds, artwork, computer code, programs, software, products, information and documentation related to JEX are owned and controlled by us to the exclusion of all others.
You shall not use your JEX account to do any activity relating to or connected with the following:
ii. market manipulation, such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing and spoofing or layering regardless of whether prohibited by law or not;
iii. criminal activity of any kind, including, but not limited to, money laundering, fraud, swindling, terrorist financing, illegal gambling operations, malicious hacking, etc.;
iv. unauthorized access to JEX website and other accounts;
v. transmitting or uploading any material to JEX website that contains viruses, trojan horses, worms or any other harmful programs;
vi. Unless you have obtained prior written approval from us, you shall not use your JEX account and any and all information and data related or connected thereto for any of the following purposes and activities:
a. exchange services that use quotes or order book information from JEX;
b. data feed or data stream services that make use of any market data from JEX;
c. any other websites/apps/services that charge for, or otherwise commercially monetize (including through advertising or referral fees), market data obtained from JEX;
d. modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notice or label, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the properties, or any portion of the properties of JEX;
e. use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the properties or in any way reproduce or circumvent the navigational structure or presentation of the services to obtain or attempt to obtain any material, document or information through any means not purposely made available through the services;
f. attempt to gain unauthorized access to any portion or feature of JEX and/or its systems or networks connected thereto, or to any of the services offered by JEX, by hacking, password mining or any other illegitimate or prohibited means;
g. probe, scan, or test the vulnerability of the services or any network connected to JEX, nor breach the security or authentication measures thereof;
h. reverse, look-up, trace, or seek to trace any information on any other user of or visitor to the services;
i. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the services or JEX’s systems or networks or any system or network connected to the services;
j. use any device, software or routine to interfere with the proper working of the services or any transaction conducted thereon, or with any other person's use of the services;
k. forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to the services;
l. use JEX account and our services in any unlawful, illegal and prohibited manner or purpose; and
m. any and all activities analogous to the foregoing.
Orders, Cancellations, Fees
JEX provides a facility for the conversion, exchange, buying and selling of Digital Currency. You may use your JEX account to place order (an “Order”) and to buy and/or sell Digital Currency. If all or part of your Order did match with another user, a trade (“Trade”) occurs. Unmatched orders rest on your Open Order. For purposes of effectuating a Trade, you hereby authorize us to take temporary control of the Digital Currency that you are disposing of in the Trade.
You may cancel your Order at any time before the same matches with an order from the other user. In case of “Partial Complete Order”, you may cancel the partial incomplete portion of the Order unless and until the incomplete portion is matched. We shall not be liable for any unauthorized complete order and we shall have no obligation to cancel the same even if such Order is authorized.
You hereby authorize us to automatically debit from your JEX account all fees associated with any and all transactions. All proceeds from the Trade will be credited to your JEX wallet. Please see the link provided herein for the updated Schedule of Fees - https://juanexchange.zendesk.com/hc/en-us/articles/360017895734-JuanExchange-Fee-Structure
Disablement, Suspension, Termination of JEX Account and Services
ii. Your account is subjected to any governmental proceeding, criminal investigation, litigation, etc.;
iii. Your use of the services is in connection with any unlawful, illegal or prohibited activity;
iv. We detect unauthorized access to your account;
v. We are required to do so pursuant to an Order from any Court, government agency, administrative office or proper authorities; and
vi. If you request to have your account closed, provided that there is no pending order or transaction on your account.
You further agree that we shall not be liable to you for any permanent or temporary modification, suspension, disablement or termination of your account or access to all or any portion of the services. We shall have the right to keep and use the transaction data or other information related to your account. Should you have any unfinished transaction at the time your account is disabled, suspended or terminated, you hereby authorize us to notify your counterparty about the status of your account. All records of transactions shall be maintained and safely stored by us for five (5) years from the dates of thereof.
You agree, furthermore, that If we receive any notice that the funds held under your account, or any part thereof, are a fruit or product of money laundering, fraud, swindling, theft or any unlawful activity, or otherwise not lawfully possessed by you, we shall put on hold such funds until the dispute is resolved. We shall have no liability
or responsibility for any loss or injury to you or any third person for putting your account on hold and/or for your inability to withdraw funds or execute trades under said circumstances.
Remaining funds after voluntary termination/closure of account by the user.
Once account is closed or disabled, any and all existing and unpaid charges and liabilities to JEX shall be immediately demandable and payable. Upon payment of all outstanding liabilities, the user shall have five (5) business days to withdraw the remaining funds from the account.
Dispute Resolution, Venue of Suit, Controlling Law
For any complaint, grievance, controversy, claim or concern, it is incumbent upon you to notify us first about the same before resorting to any legal remedy. The purpose of this is to give us a fair chance to properly address your concern and/or to respond, fix and resolve accordingly any and all complaints, grievances, controversies or claims about your use of JEX and our services. In this way, we may avoid exhaustive and expensive dispute resolution and other legal proceedings, and, on the contrary, resolve any and all issues amicably, expeditiously and hassle-free. In this regard, you may reach us through our Customer Support Team at https://support.JuanExchange.com/hc/en-us/requests/new.
You acknowledge, understand and agree that such notification requirement is a condition precedent prior to seeking judicial and other reliefs. Failure to observe such requirement maybe used as ground for the immediate and outright dismissal of your case.
Venue of Suit
In the event judicial recourse is necessitated, the case shall be filed before the proper courts of Pasay City only, being the exclusive venue for any and all actions arising out of or in connection with complaints, grievances, controversies, claims, disputes or concerns about the use of JEX and the services.
No Financial Advice
You are solely responsible in determining whether or not any investment, strategy or related transaction is appropriate based on your personal investment objectives, financial circumstances and risk tolerance. We do not recommend that any Digital Currency should be bought, earned, sold, held or traded by you. Thus, before making the decision to deal with your Digital Currency, you should conduct your own due diligence and/or consult your financial advisers should you think the same is necessary. We shall not be responsible or liable for the results, effects or consequences of your decisions pertaining to any activity related to your Digital Currency.
Third-Party Website Disclaimer
Any and all links to third-party websites from JEX’s website does not imply endorsement, promotion or recommendation of any product, service or information presented therein. Neither do we warrant or guarantee the accuracy of the information indicated in said links.
We encourage all users to regularly check the Announcement Page on our website for all official announcements, news, updates, promotions, etc. We shall not be responsible in any manner for any loss or injury caused by user’s ignorance, negligence or non-observance of the announcements.
For more information about JEX, you may visit our website at juanexchange.com, or reach us through our Customer Support Department at 878-0889 loc. 402, 403, and 412 or send us an email at firstname.lastname@example.org