Terms of service

The following is a Japanese translation of the locally applicable law.

1. Introduction
   The following describes how FIVE STARS MARKETS (hereinafter referred to as “we”, “us”, or “our”) offers our website to you, and how you may use the services. （This Agreement describes the terms and conditions of use and the risks associated with the services available on the domain http://www.fivestars-markets.com (hereinafter referred to as “our site”). If you have any questions, please feel free to contact our customer support. Our trading system works on Windows PCs, Macs, and iOS and Android devices. Browsers compatible with the system are Chrome, FireFox, and Safari. Please use the latest version. (Chrome is recommended.) Microsoft Edge and Internet Explorer may not display or operate properly, so please be sure to use a compatible browser. Before using our services, please read the terms and conditions below and any addenda or references without modification and agree to all of the terms and conditions contained herein. By accessing our site or using our services thereafter, you also agree to the following terms and conditions. By accepting a new customer registration, you agree to be bound by these terms and conditions. If you do not agree to the terms and conditions of this Refund Policy, please discontinue using our services and accessing the site immediately and notify us in writing of your intention to do so.
2. Online service agreement
   This Agreement is between us and you. It applies to our site and trading platforms, electronic content, software on the site to provide real-time price information, programs that execute trades via the web, telephone or fax, or other functions, and any content or services our site may add in the future. This applies to any content or services that our site may add in the future.
3. Membership Eligibility
   Our services are available only as permitted under the laws applicable in your country of residence. Our services are not available in countries or regions with restrictions on options trading. The information on this website is not intended to be directed to persons who are located in countries where options trading is prohibited. In addition to the above, our services are not intended for use by persons under the age of 18 or under the age of legal majority (“minors”). If you are not eligible for our services, please stop using our services immediately. We will not be able to process withdrawals. We are not responsible for any use of our services by ineligible persons or minors. In addition, our Services are intended only for customers who are sufficiently experienced and knowledgeable to understand the benefits and risks of conducting financial transactions through our Site and to be able to conduct financial transactions without reliance on information available through our Site. Any investment decisions or any other decisions you make based on the content of our site are your sole responsibility. Notwithstanding the foregoing, we are not responsible for verifying or confirming that you have sufficient knowledge or experience. We are also not responsible for any loss or damage incurred by you as a result of any transaction or use of our services. You may not use any of our services in areas where it is illegal to do so. We reserve the right to refuse or discontinue our services at our sole discretion.
4. Registration Information and Requirements
   When you open an account, we may ask you to present identification documents. You are responsible for managing your account username and password that we issue after opening your account. We are not responsible for any damage caused by improper or illegal use of your account. When opening an account, you agree to provide us with true, accurate, and current personal information. You agree not to impersonate, use a false or borrowed name, falsify your affiliation with any organization or other affiliations, use a false cover letter, or in any way intentionally misrepresent your identity to us. We will not accept duplicate accounts opened by the same person, from the same household, relative, etc., or from the same IP address. Upon confirmation of a duplicate account, we will close all related accounts. Logging into another person’s account, trading with another person, or allowing another person to log into your account is strictly prohibited. If we find any violation of the terms and conditions, we will close the account immediately regardless of the account balance. We will not be able to accept any withdrawals. We will strictly manage the personal information provided at the time of account opening in accordance with the disclosure of information set forth in our Privacy Policy.
5. Legal Restrictions
   Notwithstanding the foregoing, you understand that the laws governing financial contracts vary throughout the world, and it is your responsibility to ascertain whether or not your use of our Site violates the laws, regulations, or ordinances of the country in which you reside. You should also be aware that accessing our site or using our services may not always be legal under the laws, regulations, or ordinances of your country of residence. You also declare that funds deposited into our account are not the result of drug smuggling, kidnapping or other crimes and illegal activities.
6. License Restrictions
   We grant you a non-exclusive, non-transferable, limited license to access our site and use your account (“License”). The License is subject to your continued compliance with the terms and conditions of this Agreement. You agree that you will not, without our prior written consent, resell or grant access to our site to any other person, or resell or reproduce for any other purpose any content on the site. You are also solely responsible for any use of our site that is not in accordance with these Terms of Use. You agree to use information from within our site solely for the purpose of conducting transactions within our site. In addition, you shall not use any information or functionality obtained from our site for any purpose that is unlawful, fraudulent, abusive, libelous, defamatory, invasive of another’s privacy, threatening, embarrassing, harassing, obscene or hateful. If we determine that your information, including your email address, is not currently being used or is fraudulent, or if you fail to comply with the terms and conditions of this Agreement and all rules and guidelines of each Service, or if we determine that you have abused our Trading Platform, all licenses agreed to in this Agreement will be null and void. In the event of such a violation, you will be required to immediately discontinue access to our services. We also reserve the right, at our sole discretion, to terminate your access to any or all of our services, cease transactions, or remove and discard any information or content from our services without prior notice from us.
7. Risk Disclosure
   You agree to use our site at your own risk. Notwithstanding the foregoing, the services on our site should only be traded by customers who fully understand the possibility of losing all of their invested funds and who have the experience to deal with the risks in the financial markets. You may lose part or all of your investment, so please do not invest money that you cannot afford to lose. You understand all the risks associated with investing, and in case of doubt, we recommend that you seek advice from an independent financial advisor.
8. Financial Information
   We use a variety of services to provide a wide range of financial information that we produce in-house or obtain from agents, vendors, or partners. These may include financial market data, quotes, news, options analysis and research reports, graphs, signals, autotrades, or various other data (“Financial Information”), in whole or in part. The Financial Information provided on our Site is not intended to be investment advice for you. We do not guarantee the financial information we provide and provide it only as a service for your trading convenience. Neither we nor any third party providing financial information makes any warranty as to the accuracy, immediacy, completeness, or consistency of the financial information, or as to the results that may be obtained based on such financial information. Financial information can change rapidly for a variety of reasons, including changes in market or economic conditions. Neither we nor any third party provider of financial information is responsible for updating information or opinions about financial information, and we may discontinue providing financial information to you at any time without notice. It is your responsibility to verify the reliability of the information on our site and its suitability for the information you seek. We are not responsible for any claims, losses or damages arising from any information on our site or any reference to it.
9. Link
   We provide links to sites provided or maintained by third parties. Links to such sites do not imply any reliance on the owners or providers of such sites or any endorsement or guarantee by us of such sites. If you obtain or use information from, or extend credit to, or purchase goods from, such sites via the Internet, you should be aware of the risks that may result from your use of such sites. Any links we provide on our site to these websites are provided for your convenience only, and you agree that under no circumstances shall we be liable for any damages or losses arising from your use of any content, goods, or services obtained through these sites. You agree that we are not responsible or liable under any circumstances for any damage or loss caused by your use of content, goods, or services obtained through these sites.
10. Suspension of transactions
    We reserve the right to refuse service, cancel a transaction, refuse to share profits, refuse to make a withdrawal, or terminate a contract for legitimate reasons at our sole discretion. Good cause includes, but is not limited to, the following reasons. (Other legitimate reasons may also be given)
    • If we determine that your actions are in violation of the law.
    • If it is clear that we will suffer financial, legal, or monetary disadvantage due to malicious acts.
    • If we determine that your transaction is being conducted in violation of these Terms and Conditions.
    • If we determine that you have used signals, signs, programs, cross order, etc. related to trading.
    • When we determine that the transaction was based on financial advice, recommendation, commentary, etc. from a third party.
    • When we determine that a copy trade or a third party’s trading logic has been used.
    • If we determine that a virtual server, virtual machine, or virtual private network (VPN) was used for the transaction.
    • When we determine that the client has used a robot, trading system, etc. without our permission.
    
    10-1. Prohibit backdoor API
    When creating automated trading systems, etc., you are required to use the API of our official website after signing a contract with us. If you use a robot, trading system, etc. on the client side without permission, we will refuse to pay any profit to you.
    10-2. Prohibition of off-market transactions (prohibition of latency transactions)
    Trading Fees Trading that takes advantage of market latency (Latency) during early market conditions such as when economic indicators are released is prohibited. Trading using algorithms, such as signal distribution, that take advantage of latency is also prohibited. Profits from these trades cannot be withdrawn. Trading incurs commissions (Spread). Trading commissions are based on the price difference at the time of the trade. Commissions vary depending on market conditions.
11. Refund procedure
    When our accounting department receives a refund request from a customer, we will ask the customer to present identification documents in order to process the refund. A refund processing fee of 1,000 yen will be charged. Refunds will only be made to financial institutions in Japan. Upon receiving a withdrawal request, we may take up to 14 business days to process your request, minimum same-day processing time. The minimum withdrawal amount is 10,000 yen. We will accept withdrawals of less than 10,000 yen only in the case of account closure.
    Identification documents to be submitted
    1. Photo ID (one of the following)
       Driver’s license (both sides), passport, my number card (please send without personal number), or other official document with photo.
    2. ID Selfie
    3. Documentation verifying current address (one of the following)
       Proof of residence issued within the last 6 months, post dated and postmarked within the last 3 months. (Any mail without name and address, email, PDF, or other digital data is invalid.)
    4. Both sides of credit card
       However, if you are not making a credit card deposit, you do not need to submit the form. Only the last 4 digits of the credit card number are required. The first 12 digits and the CVV number on the back of the card can be omitted. Please submit all credit cards used. Debit cards, V-prices, etc. must also be submitted. If you do not have the original credit card, or if your credit card does not have a number on it, such as a numberless card, please submit a screen capture of the screen where the number can be confirmed. If your name is not written on the credit card, please send us a screen capture of the document, management screen, or other screen where your name can be confirmed. If you cancel your credit card without submitting the credit card information, you will not be able to withdraw funds, so please be sure to upload the information after making a credit card deposit.
12. Bonus Policy
    As part of our customer service, we may grant bonuses that can be applied to transaction deposits. These bonuses are for a limited time only and are subject to change without prior notice in accordance with the Terms and Conditions. Conditions are set for each campaign in order to withdraw this bonus amount. Please refer to the detailed page of each campaign. In addition, we reserve the right to cancel the bonus and the bonus profit if you withdraw the full amount of your deposit after the bonus is granted, if you violate the Terms of Service, or if we find any other malicious behavior. Only one account can be opened per person. If an account is opened in duplicate, all bonuses, cash back, etc. will be forfeited.
13. limited liability
    We try to provide a stable service on our site. However, we are not responsible for any errors, delays, or disturbances caused by unauthorized access to our site, including but not limited to disruptions or interference with the connection lines. We are also not responsible for Internet transmission failures or malfunctions of telephone lines or networks, computer on-line systems, servers or providers, hardware or software. We are not responsible for any loss or damage, whether online or offline, resulting from content obtained from the Site or the Service or from your use of the Site or the Service. In no event shall we or any of our officers, directors, employees, or agents be liable, directly, indirectly, or incidentally, for any damages, including, but not limited to, any damages resulting from the use of our site or services, the usefulness of any information obtained from our site, or any investment decisions made based on such information. We are not responsible for any loss or damage of any kind. Our liability for transactions applies to the fullest extent of the laws of your country of residence, and we will not be liable for any amount greater than the amount you have deposited or transferred to your account on our site.
14. About Anti-Money Laundering
    We strictly prohibit the use of our site for money laundering purposes. We have adopted highly effective anti-money laundering regulations. We reserve the right to refuse, suspend, or cancel transactions with customers who violate the following anti-money laundering regulations
    • You must provide us with the necessary information that we request when you open an account.
    • Profits from transactions on our site will be paid only to the individual customer who has opened an account with us in accordance with our authorized procedures.
    • If you request a refund by bank wire transfer, the funds will be sent only to the true owner of the bank account. Also, if a customer makes a deposit by bank wire transfer under a different name, the account will be closed and no refund will be made.
    • If you deposit funds to our account by credit card, any profits from transactions on our site will be reimbursed only to you.
    • You can only deposit by credit card if the credit card and transaction account are in the same name. If you make a deposit under a different name, the account will be closed and no refund will be made.
    • A customer may only open one account under the same name. If an account is opened under an incorrect name, or if more than one account is opened by a single person, the account will be closed and no refund will be made.
    • No refund will be made if a customer opens an account with false information such as first name, last name, telephone number, address, etc.
    • When withdrawing funds, or when we deem it necessary, you will be asked to provide identification documents.
    • We may suspend your trading account until we determine that such certificates are sufficient.
    • If we deem it necessary, we will ask you to submit additional identification documents.
    • We do not accept withdrawals for the purpose of redemption.
    • If the number of transactions after a deposit is clearly low, or if there has been no transaction, or if the amount of deposits and withdrawals or the number of deposits and withdrawals is clearly high compared to the number of transactions or the amount of transactions, or if we deem the transaction to be for money laundering or cash conversion purposes, we will collect 30% of the amount withdrawn as a penalty. In such cases, we may refund the amount to your credit card.
    • If we deem the account to be malicious, we will suspend the use of the account.
    • If credit card fraud is discovered, we will immediately suspend the relevant account and submit documentary evidence to the financial institution from which the funds were withdrawn and other relevant authorities.
15. Intellectual property rights
    All content, trademark names, trade names, logos, icons, etc. are the property of our company or its partners and agents and are protected by copyright laws and international agreements and treaties. You agree not to remove any indication that copyright or other intellectual property rights are protected from any material downloaded or printed from our site. Except as provided in these Terms, you do not own any license, right, or intellectual property right to use our site or any content on our site. The images displayed on our site are our property or used with our proprietary rights. You agree not to upload, reproduce, post or distribute any information, software or other content protected by these intellectual property rights (as well as the right of publicity and privacy) without our prior written consent.
16. Compensation
    If, in accessing or using our Site or Services, you breach any provision of this Agreement or violate any law or regulation applicable to you, you agree to indemnify us and all of our officers, employees, and agents against all damages, liabilities, losses, and expenses, including attorneys’ fees, resulting from such breach. You agree to indemnify us and all of our officers, directors, employees and agents against all damages, liabilities, losses and disbursements, including attorneys’ fees, resulting from the violation.
17. Contract Term and Termination
    Basically, the term of the contract is indefinite. However, we reserve the right to terminate this agreement at any time by notifying the customer of the termination. In the event of termination of this agreement, the customer concerned will not be able to conduct new transactions. Once the contract is terminated, the customer cannot re-subscribe for a period of six (6) months. The customer may not enter into a duplicate contract. Upon discovery of duplication, the contract will be terminated. Accounts that have not been logged in for three years after the initial deposit may be automatically terminated.
18. General matters
    These Terms and Conditions are governed by the laws of the Bahamas. Any action or suit arising under these Terms and Conditions shall be brought exclusively in the courts of the Bahamas, and both you and we agree that any individual jurisdiction shall be null and void. We shall not be liable for any event arising from force majeure or from any act of any governmental or legal authority. If any part of these Terms and Conditions shall be deemed illegal, invalid, or for any reason unenforceable, such provision shall be deemed severable from the remaining provisions of these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions. Our waiver of any provision of these Terms and Conditions shall not be construed as a waiver of any prior or subsequent breach of such provision. We will apply our rights or obligations under these Terms and Conditions without obtaining your consent. We may change or modify this Agreement by disclosing such changes or modifications in a timely manner. It is your responsibility to check these Terms and Conditions for changes or modifications. Changes or modifications to this Agreement will be effective from the date they are disclosed and published on our site. If you do not agree to any changes or modifications to these Terms, please discontinue using our services and notify us immediately in writing.
19. Language mismatch
    In the event of any inconsistency between the meanings of the Japanese, English, and Chinese versions of these Terms and Conditions, the Japanese version shall prevail.