Terms and Service
Terms and Conditions of Purchase
These Terms and Conditions of Purchase (hereafter referred to as “Terms and Conditions”) set forth the terms and conditions between Yamatomichi Co. (hereafter referred to as “Company”) and users of the Online Store (hereafter referred to as “Service”) operated by Company. When using any of Service, users shall read entire Terms and Conditions carefully and shall accept Terms and Conditions.
Please notice that this translation is only provided as reference. In the case of any discrepancies between the Japanese and the English, the Japanese takes precedence.
Chapter 1 Basics
Article 1 Definitions
For the purposes of Terms and Conditions, the following terms shall have the following meanings:
- Usage Agreement
- Agreement regarding Service, including use of Service, to be concluded between Company and users in accordance with provisions of Terms and Conditions.
- Individuals who have entered into Usage Agreement with Company in accordance with the provisions of Terms and Conditions.
- Our Products
- Products to be sold by Company through Service.
- Purchase Agreement
- Purchase agreements concluded between Company and User regarding Our Products.
- Intellectual Property
- Inventions, devices, designs, works and other property that is produced through creative activities by human beings (including discovered or solved laws of nature or natural phenomena that are industrially applicable) and trade secrets and other technical or business information that is useful for business activities.
- Intellectual Property Rights
- A patent right, a utility model right, a design right, a copyright (including rights under Articles 27 and 28 of Copyright Act) and a right that is stipulated by laws and regulations on other intellectual property (including a right to file application to obtain a patent right, a right to file application to register a utility model right, a right to file application to register a design right, and rights to file applications to obtain other intellectual property rights).
- Acts stipulated in Article 2(3) of Patent Act, acts stipulated in Article 2(3) of Utility Model Act, acts stipulated in Article 2(3) of the Design Act, and acts stipulated in Article 2(1)(xv) and (xix) of the Copyright Act.
- Antisocial Forces
- Organized crime groups (Boryokudan), members of organized crime groups, persons who have not ceased to be members of organized crime groups for a period of five years, quasi-members of organized crime groups, companies related to organized crime groups, professional extortionist or corporate racketeer attending shareholders’ meetings, a miscreant advocating political activism, an intellectual crime groups, or any party similar to any of the foregoing.
Article 2 Conclusion of Usage Agreement
- Any individual who desires to use Service (hereafter referred to as “Applicant”) may apply for use of Service by accepting Terms and Conditions and providing certain information determined by Company (hereafter referred to as “Registration Information”) in a manner specified by Company.
- Company will determine whether the Applicant may or may not use Service in accordance with Company’s criteria and will notify the Applicant in the case Company determines that the Applicant may use Service. Usage Agreement is to be concluded between User and Company at the time when such notification is dispatched by Company and User may use Service in accordance with Usage Agreement and Terms and Conditions.
- Even in the case Company decides that Applicant may not use Service under the preceding paragraph, Company shall not have any obligation to disclose reasons for such decision.
- In the case Applicant is a minor (under eighteen (18) years of age), he/she shall be deemed to have applied for use of Service with the consent of his/her statutory agent.
Article 3 Priority Order of Terms and Conditions
In the event that Usage Agreement between Company and User stipulates any matter that is not stipulated in or inconsistent with Terms and Conditions, Usage Agreement shall prevail over Terms and Conditions.
Article 4 Modification of Terms and Conditions
- Company may modify Terms and Conditions in whole or in part at any time as necessary, and User shall accept such modification in advance under Terms and Conditions.
- In the event that Company modifies Terms and Conditions in whole or in part, Company shall notify User the contents of such modification at least one (1) month before the date which Company desires such modification to be effective, and if Company fails such notification, the modification under preceding Paragraph shall not be effective.
- If User uses Service or does not cancel Usage Agreement no later than one (1) month after having received such notice under the preceding Paragraph, User shall be deemed to have agreed that such modification shall be applied to the User.
Article 5 Changes of Registration Information
In the case any of Registration Information of User is changed, User shall notify or communicate Company such change in a manner specified by Company. Company shall not be responsible for any damage of User caused by User’s failure of such notification or communication.
Article 6 Subcontracting
Company may subcontract certain work of Service in whole or in part to a third party without prior acceptance of User. In this case Company shall place such third party under the same obligation as Company’s under Terms and Conditions.
Chapter 2 Changes of Service
Article 7 Changes of Service Contents
- Company shall not be responsible for providing Service whose contents as of the date of conclusion of Usage Agreement continuously and may change at any time the contents of Service in whole or in part or cease to provide Service.
- In the event of such measure provided in preceding Paragraph to be taken, Company shall in advance notify or communicate User by e-mail or in any other manner which Company considers as appropriate.
- Company shall not be responsible for any damage of User caused by any measure Company takes under Paragraph 1 of this Article based on that Company shall not continue providing the same Service as of the date of conclusion of Usage Agreement.
Article 8 Temporary Suspension or Interruption of Service
- Company may temporarily suspend or interrupt Service in whole or in part without prior notice or communication to User when any of following events occurs.
- When Company cannot provide Service due to malfunctions or failures of servers, utilities, including communication lines, or other reasons for User to use Service.
- When Company performs regular or emergency system maintenance, inspection, repair, or change of systems which is used for Service to use.
- When Company cannot provide Service due to the reasons including fire and power outage.
- When Company cannot provide Service due to natural disasters such as earthquake, eruption, flood, and Tsunami.
- When Company cannot provide Service due to Force Majeure such as war, disturbance, riot, civil unrest, labor dispute, spread of epidemics.
- When Company cannot provide Service due to the application of restriction under regulations, judicial orders, and other legal measures.
- When Company decides it is necessary to suspend or interrupt from providing Service temporarily due to the other reasons including operationally reasons and technically reasons.
- Company shall not be liable for any damage of User due to the suspension or interruption from providing Service in whole or in part under preceding Paragraph, based on Company shall not be responsible for providing Service continuously without suspension or interruption thereof.
Chapter 3 Use of Service
Article 9 Management of ID, Password, and other Information
- User shall, on his/her own responsibility, properly manage and keep ID, password, and other information to be used for authentication to use Service, and shall in no event let any third party (including other User of Service) use his/her ID and password, lend, transfer, change names of, sell, or otherwise dispose them.
- Company shall, when ID, password, and other information are used for authentication to use Service by any third party mentioned in preceding Paragraph, deem that such use of Service is made by the User given such ID, password, and other information by Company and shall not be liable for damages of User due to his/her inappropriate management, misuse, use by any third party, or otherwise.
Article 10 Prohibition
- User shall not conduct any of the following acts or acts that may cause such acts.
- Act of violating laws
- Act contrary to public order and morality
- Act of infringement of property rights (including Intellectual Property Rights), trade secrets, privacy or other rights and benefits of Company or any third party
- Act of impersonating to use Service
- Act of making available of ID, password, and other information for authentication to use Service to any third party
- Act of purchasing Our Products for the purposes of reselling, scalping, or other profit-making purposes.
- Acts provided in “Conditions of Purchase”
- Act of transferring coupons issued by Company, whether with or without consideration.
- Act of excessive loading on network or systems of Service.
- Act of entering unauthorized data, instructions, programs, or otherwise into Service or software required for the use of Service.
- Act of violating instructions for using Service set forth by Company
- Act of violating rules Company requires User to comply with for the purpose of appropriate performance of Service.
- Other acts Company decides to harm the appropriate operation of Service
Chapter 4 Handling of Data and Information
Article 11 Confidentiality
- Company and User shall keep confidentiality of and shall not without prior consent of a disclosing party disclose, provide, or leak the information which Company and User obtain through Usage Agreement or provide by stating as confidential information (hereafter referred as “Confidential Information”) in writing, orally or by any other ways. Company and User shall not use such Confidential Information for the purposes other than exercise of rights or performance of obligations under Usage Agreement. Company and User shall disclose Confidential Information of a disclosing party if any legally enforceable request for disclosure is made by a public authority, provided, however, that Company or User shall promptly inform a disclosing party thereof.
- Information provided following (1) through (5) shall not be defined as Confidential Information.
- Information that is already possessed by a receiving party of the information at the time the information is disclosed by a disclosing party
- Information that is independently developed by a receiving party without use of information disclosed by a disclosing party
- Information that is already in the public domain at the time the information is disclosed by a disclosing party
- Information that becomes part of public domain through the ways not attributable to a receiving party
- Information that is acquired by a receiving party of the information without owing any confidential obligation from a third party who has legal right over the information
- The confidentiality obligations under provisions of this Article shall survive for one (1) year after the termination of Usage Agreement.
Article 12 Handling of Personal Information
Article 13 Information on Status of Use
Company may use or utilize information on status of use, loads of facilities and other information related to use of Service by User for the purposes of developing its services, improving quality and function of Service, and obtaining statistical information.
Article 14 Intellectual Property Rights
Intellectual Property Rights related to Service (including, but not limited to, Intellectual Property Rights related to website and homepage of Company, other websites managed by Company, documents and other materials distributed by Company, all of text, logos, images, product designs, screen designs, trademarks, indications, and shapes of Our Products.) shall belong to Company or third parties who licensed Company of Works. User shall not conduct any of acts to violate such Intellectual Property Rights.
Chapter 5 Purchase Agreement
Article 15 Conclusion of Purchase Agreement
- User may purchase Our Products by using Service.
- When User desires to purchase Our Products, User shall offer to purchase in accordance with the way Company specifies.
- Purchase Agreement between User and Company is to be concluded at the time Company dispatch the notice of acceptance to the offer User made in accordance with the preceding Paragraph.
- Company may reject the offer from User who Company determines have violated Terms and Conditions or Conditions of Purchase in the past. Company shall not be responsible for disclosing reasons of rejection to the User.
- The selling price of Our Products under Purchase Agreement shall be the price at the time of conclusion of Purchase Agreement. In the case the selling price of Our Products is changed after Purchase Agreement is concluded, Company will not accept returns or refunds based on such change.
Article 16 Title Transfer
Title to Our Products specified under Purchase Agreement shall pass to User at the time Company delivers such Our Products to the delivery company. Company shall not compensate for damages such as loss or defacement after such delivery to the delivery company is made.
Article 17 Exchange or Return of Our Products
Exchange or return of Our Products shall be treated as stipulated in Paragraphs 7 through 13 of Conditions of Purchase.
Article 18 Termination of Purchase Agreement
- In the event that User falls within any of item of Paragraph 3 or Paragraph 4, Company may forthwith terminate Purchase Agreement without notice.
- Any termination pursuant to Paragraph 1 of this Article shall not preclude exercise any other rights of Company to compensate damages against User.
Chapter 6 Disclaimer and Liability
Article 19 Own Responsibility
In the case that User, in the cause of using Service, causes damage to a third party (regardless of domestic or foreign; the same shall apply hereafter in this Article) or receive any claim by a third party for the reasons attributable for the User, the User shall handle and settle such claim on his/her own responsibility and expense. The same shall apply in the case that User suffers damages from a third party or file any claim against a third party.
Article 20 Damages
Regarding Usage Agreement and Terms and Conditions or Purchase Agreement Company shall be liable to User only for ordinary damages except for lost profits, whether based on breach of contract, tort, or otherwise, provided, however, that this shall not apply to any damage arising from Company’s gross negligence or willful misconduct.
Article 21 Disclaimer
- Notwithstanding the preceding Article, Company shall not be liable for User’s damages causing from any of the following items, regardless of legal basis of such damages.
- Damages caused by Force Majeure such as natural disaster, civil unrest, or riot.
- Damages caused by failures of User’s facilities or failures of User’s connection environment including malfunction of internet connection to Company’s facility to provide Service.
- Damages caused by the performance value of internet connection service such as response time from Company’s facilities.
- Damages caused by the intrusion to Company’s facilities of any type of computer virus which Company is not provided the pattern, virus definition files, or otherwise from the provider of computer anti-virus software to Company.
- Damages caused by unauthorized access, attack, or interception on communication path to Company’s facilities by any third party, which cannot be prevented even with the due care of a prudent manager.
- Damages caused by User’s failure to comply with procedure, security measures, or otherwise specified by Company.
- Damages caused by malfunction of telecommunication services provided by telecommunication carriers.
- Damages caused by any other reasons not attributable to Company.
Chapter 7 Survival and Termination of Usage Agreement
Article 22 Duration
- The term of Usage Agreement shall be one (1) year from the date of conclusion of Usage Agreement under Article 3.
- Notwithstanding the preceding Paragraph, Usage Agreement shall automatically be renewed for the period of one (1) year and the same shall apply thereafter if Company does not notify User or User does not notify Company at least one (1) month prior to the expiration of the term of the preceding Paragraph that the Usage Agreement to be terminated at the expiration of such term.
Article 23 Cancellation
User may cancel Usage Agreement as of desired date of cancellation by notifying Company at least one (1) month prior to the desired date of cancellation, provided, however, that the validity of Purchase Agreement in effect at the time of such cancellation shall not be affected thereby.
Article 24 Termination
- Company may terminate Usage Agreement in whole or in part forthwith without any prior notice to User when Company decides that User falls or is likely to fall within any of the following items.
- When User violates any of the provisions of Terms and Conditions or Conditions of Purchase.
- When there is any false fact or error in Registration Information.
- When Company finds out that User has been suspended or interrupted from using Service in the past.
- When User delays the payment or defaults under Purchase Agreement.
- When User repeats not receiving or returning of Our Products after the conclusion of Purchase agreement.
- When User becomes unable, or admits to its creditors its inability, to pay its debts generally as such debts become due, or when a petition is filed against User for the institution of proceedings for bankruptcy, civil rehabilitation, corporate reorganization special liquidation or any other proceedings what so like.
- When User does not communicate or respond for more than thirty (30) days to Company’s inquiries or other communications requesting to reply.
- When Company decides it inappropriate to provide Service.
- Any termination pursuant to Paragraph 1 of this Article shall not preclude the exercise of any other rights of Company to compensate damages against User.
Article 25 Elimination of Antisocial Forces
- User and Company shall ensure to the other party all the following items.
- Do not fall within any category of Antisocial Forces.
- Antisocial Forces do not control the management of its/his/her own business.
- Antisocial Forces do not substantially involve in the management of its/his/her own business.
- Do not use Antisocial Forces unjustly, such as for the purpose of realizing its/his/her own wrongful benefit or causing damages to a third party.
- Do not engage in providing funds or any other benefits to Antisocial Forces.
- Officers or any person who is substantially involved the management of its/his/her business do not engage in socially condemnable relationship with Antisocial Forces.
- Company or User may terminate Usage Agreement forthwith without any prior notice to the other party when the other party falls or is likely to fall within any of the items provided in the preceding Paragraph.
Article 26 Acceleration
Upon the termination of Usage Agreement, all obligations of User under Usage Agreement shall automatically be accelerated and become immediately due and payable.
Article 27 Survival
Even after the termination of Usage Agreement, Article 7 Paragraph 3, Article 8 Paragraph 2, Article 9 Paragraph 2, Article 12, Article 13, Article 19 through Article 21, Article 26, this Article, Article 28 through Article 32 of Usage Agreement and provisions in Chapter 5 for already existing Purchase Agreement at the time of termination shall remain in effect.
Chapter 8 Miscellaneous
Article 28 Notice and Communication
- Notice and communication from Company to User shall be sent by e-mail or other methods which Company recognizes as appropriate.
- In the case that Company sends notice to User by e-mail, such e-mail shall be deemed to be reached to User at the time Company dispatches e-mail to User.
Article 29 Assignment
User shall not assign to any third party, offer as security, or dispose in any other ways, without prior written consent of Company, any of his/her rights or obligations in whole or in part arising under Usage Agreement and Terms and Conditions or Purchase Agreement.
Article 30 Severability
If any provision of Terms and Conditions or any part thereof is held by laws, regulations, or otherwise to be invalid or unenforceable, the remainder of Terms and Conditions shall remain in full force.
Article 31 Governing Law
The existence, effect, execution, and construction of Usage Agreement, Terms and Conditions, and Purchase Agreement shall be determined in accordance with and governed by the laws of Japan.
Article 32 Jurisdiction
Company and User hereby irrevocably submit to the jurisdiction of the court of Tokyo, Japan with respect to any disputes arising out of and in connection with Usage Agreement, Terms and Conditions, and Purchase Agreement.