eeJAPAN

Terms of Use

Terms of Use

Almarq Inc. ("we", "our", or "us") has established the terms of use ( the “Terms of Use”) for the use of “eeJAPAN market place (https://www.eejapan.jp /)” ( the “Website” and if, for any reason, the domain name or contents of the Website are changed, include such website with new domain name or contents), which is operated by us, as follows.
When you use the Website, you are agreeing to be bound by this Terms of Use. Please read this Terms of Use carefully and continue to register only if you agree to the terms hereunder. Your use of the Services is also subject to our Privacy Policy (which is a part of this Terms of Use) and our Cookie Policy (which is incorporated into the Privacy Policy).

Article 1 (General Rules)

1.
This Terms of Use shall apply to all relationships between you, who has registered for a membership as specified in the Article 3 (the “User(s)”) and us in relation to the use of the services on the Website (the “Services”). This Terms of Use includes any rules, policies, and terms and conditions for the Service which will be posted on the Website by us.
2.
When a you use this Services, you, as the User, shall agree to comply with this Terms of Use.

Article 2 (Definitions)

As used in this Terms of Use, the following terms shall have the meanings set forth below;

1.
“Intellectual Property Rights” means all copyrights, patents, utility model rights, trademark rights, design rights or other intellectual property rights, including the rights to obtain or apply for registration of such rights.
2.
“Anti-Social Forces” means (i) an organized crime group, (ii) a member of an organized crime group, (iii) an associate member of an organized crime group, (iv) companies related with an organized crime group, (v) corporate racketeers or similar, groups engaging in criminal activities under the pretext of conducting social campaigns or political activities or crime groups specialized in intellectual crimes, (vi) other entity similar to those designated in (i) through (v) as above, or (vii) any person or entity who themselves or through the use of third parties conduct, a demand by violence, an unjustifiable acts of demanding exceeding legal liability, an act with menacing speech and behavior or with violence with respect to transactions, an act to injure our business trust or to obstruct our business by way of spreading any rumors, of using fraudulent means or of resorting to physical violence, or any other act similar to the above.
1
Violent demands
2
Unfair demands beyond legal liability
3
Acts that threaten or use violence in relation to transactions
4
Disseminating rumors, using counterfeiters or using power to destroy our credibility or interfere with our business
5
Other acts equivalent to these
3.
“Agreement” means the agreement about the Services between each User and us established under the Article 3.5 hereof, under the terms and conditions of this Terms of Use.

Article 3 (Registration)

1.
You, any person or entity who intends to receive the Service (the “Applicant”), needs to (i) agree this Terms of Use, (ii) provide us with certain information (the “Registration Information”) in accordance with the method specified by us, and (iii) apply for a membership registration.
2.
Membership registration procedures shall be undertaken by the Applicant itself. In case the Applicant desires to apply for a membership using its agent, the Applicant is required to contact us and follow our instruction. The Applicant is required to enter true, accurate and up-to-date information as the Registration Information.
3.
We reserve the right to refuse registration in our sole discretion. We will have no obligation whatsoever to disclose or explain the reason of such refusal. We shall not be liable for any damage caused to the Applicant by the refusal.
4.
In accordance with our internal rule, we will decide whether we accept the Applicant’s application. When we accept the application, the Applicant will be registered as a User.
5.
An Agreement shall be deemed to be established between each User and us when the User is registered its membership under the Article 3.4, and thereafter the User can use the Services in accordance with this Terms of Use.
6.
We may refuse registration if and when the Applicant corresponds to any one of the followings;
1
we deem that the Applicant may acts against this Terms of Use,
2
provide us with incorrect Registration Information, or error and/or omission in whole or in part,
3
be cancelled membership registration to use the Services before,
4
is minor, adult ward, person under curatorship, or person under assistance, and has not obtained the consent of the statutory agent, guardian, curator, or assistant,
5
is Anti-Social Forces, or
6
we, for other reasons, deem registration by the Applicant to be inappropriate.

Article 4 (Change of Registration Information)

The User shall notify us in case of any change of Registered Information without delay and submit documents requested by us.

Article 5 (Service Fee and Payment)

1.
As consideration for the use of the fee-based service in the Services, the User shall pay to us the amount set forth separately by us that is indicated on our Website.
2.
The Service fee is calculated at the end of each month. The User shall pay the monthly Services fee on or before 20th of the following month by the method designated by us. Any and all expenses to be accrued in such payment including but not limited to bank charge shall be borne by the User.
3.
If there is a delay in the User’s payment of the Services fee, the User shall additionally pay a late charge calculated at the rate of fourteen point six percent (14.6%) per annum of the unpaid amount until the actual payment date.

Article 6 (Amendment of the Terms of Use)

1.
We may amend this Terms of Use at any time without giving notice to the Users in advance. We may amend this Terms of Use without obtaining approval of the Users, even after the amendments to the Civil Law of Japan (Amendment of Act No. 44 of 2017) becomes effective, according to the Article 548-4, 1 (2) of the said Law.
2.
We will notify the Users of (i) the effective date of changes or revisions of Terms of Use and (ii) the fact of changes or revisions and the content thereof. We may, together with or instead of such notification, make the same known to the Users by posting it on the Website or other appropriate method, at our discretion.
3.
If a User uses the Services after the notification of the amendment, or does not cancel the membership registration within the period specified by us, the User shall be deemed to have agreed to the amendment of Terms of Use.

Article 7 (Changes to or Abolition of the Services)

1.
We may change the whole or part of the Services without giving notice to the Users in advance. We may suspend or abolish the whole or part of the Services after a certain notice period. In the event of an urgent need, however, we may suspend or abolish the whole or part of the Services without notice.
2.
We shall give notice of a change, suspension, or abolishment of the Services by means of a method that is deemed appropriate by us, including posting a notice on the Website. We shall not assume any responsibility for any Users or third parties for any damage that may arise from the change, suspension, or abolishment of the Services.

Article 8 (Temporary Suspension of the Services)

                  

In any of the following cases, we may temporarily suspend the Services without giving notice to the Users in advance. We shall not assume any responsibility for any Users or third parties for any damage, which may arise from the temporary suspension of the Services;

1
Failure, inspection, repair, maintenance and the like of our facilities and systems for the Services,
2
Failure to provide the Services due to fire, blackout or otherwise,
3
Failure to provide the Services due to natural disaster, including an earthquake, volcanic eruption, flood, tsunami, typhoon, heavy snow or otherwise,
4
Failure to provide the Services due to war, upheaval, riots, strife, terrorism, labor disputes or otherwise, or
5
The case that we determine that temporary suspension of the Services is necessary for operational or technical reasons.

Article 9 (Environment on User’s Own Responsibility)

1.
It is a User’s own responsibility to prepare equipment, software, means of communication or the like, which are necessary for using the Services at its own expense, and the User shall install and operate the equipment, software, means of communication or the like, in a proper manner.
2.
If a User or third party suffers any damage from failure to access or suspension of the Services due to the failure of a communication line or other causes, we shall not assume any responsibility for them for any damage.
3.
At the beginning of the use of the Services or during the use of the Services, a User shall be responsible not to lose or alter its information in its computer or not to cause malfunction or damage to its computer when the User download any software posted on the Website and install it on its computer. We are not liable for any loss of software programs, data or other information contained on the storage media or any other part, or any other damages incurred by the Users caused when installing software on the Website.
4.
A User shall be solely responsible for the use of the Services and all acts done using the Services (including acts done by others which are deemed to the use of Services by the User in accordance with the Article 19.7, and such interpretation shall apply to all subsequent uses of the phrase “use of Services” and grammatical variants thereof) and their results, while we shall not assume any responsibility for such matters. If the use of the Services by a User causes damage to the Services or to a third party (including where non-performance of obligations under this Terms of Use by a User causes damage to us or to a third party), the User shall, at its own responsibility and cost, compensate the relevant party for all such damage.
5.
The Users may provide only such information, content, or materials that are not likely to disturb or technically impair the functions of the Services. Any Users are prohibited from (i) causing inconvenience or damage to, or (ii) modifying without permission, or infecting with a virus, the Services, the Website, or our information and communications systems.

Article 10 (Protection of Contents)

1.
Intellectual Property Rights, personality rights, publicity rights, and all other rights to the information in the Services, and the whole or part of the content which constitutes the Website (including but not limited to text, photos, designs, logo marks, software or the like) shall belong to us or to the legitimate owners.
2.
A User may use the Services only for the purpose of the Services in accordance with this Terms of Use, and related laws and regulations. A User may print content of the Services only for its own use.
3.
Whether by electronic, mechanical, or other means, any Users are prohibited from (i) transferring, editing, adapting, using, duplicating, reprinting, publicly transmitting, or forwarding the information provided in the Services, and the whole or part of the content which constitutes the Website (including but not limited to text, photos, designs, logo marks, software or the like) for any purpose, without obtaining permission from us or the legitimate owners in advance, (ii) providing third parties with the foregoing through the above acts, (iii) printing the foregoing and providing the same to third parties, (iv) imitating the Services or the Website, (v) utilizing the know-how which is contained in the Services or the Website, or (vi) infringing the rights as specified in paragraph 1 of this Article by any means.

Article 11 (Prohibited Acts)

1.
When using the Services, any Users shall not conduct acts, whether intentionally or negligently, which fall, or are likely to fall, under any of the followings, by any means;
1
acts that are offensive to public order and morals,
2
Criminal acts, acts that facilitate crimes or urge the commission of crimes,
3
Acts which infringe Intellectual Property Rights, other property rights, privacy rights, personality rights, and other rights of ours, other Users, or third parties, and other acts which cause economic damage to us, other Users, or third parties,
4
Acts that slander us, other Users, or third parties, damage their reputation, or could cause non-economic damages to them,
5
Acts that could damage the reputation of ours, other Users, or third parties, or cause concerns regarding their reliability,
6
Acts that violate laws and regulations, equivalent guidelines, rules or the like,
7
Acts that cause annoyance or feelings of discomfort for us, other Users, or third parties,
8
(i) Acts that involve making a large number or long duration of telephone calls, or in which similar inquiries are repeatedly made in an excessive manner, to us, other Users, or third parties, (ii) acts which utilize the message function to transmit a large quantity of messages to us, other Users, or third parties, (iii) acts which coerce us, other Users, or third parties to do something which they have no obligation or reason to do, and (iv) other acts which disturb business operations,
9
A delayed response to, disregard of, or other improper acts to communication from us or other Users,
10
Pre-election campaigning, election campaigning or similar acts, and any other acts that violate the Public Offices Election Act,
11
Acts to use the Services, the Website, and accompanying functions for commercial purposes, in a manner which violates this Terms of Use,
12
Activities utilizing, duplicating, publicly communicating, or adapting the whole or part of the Services and the Website (including content, information, functions, systems, programs and the like) for any purposes other than the purpose of the Services, such as the purposes to use the Service and the Website as a whole or partly to make profit or to preparatory act to make profit for any purposes other than the purpose of the Services,
13
Acts that aim to conduct missionary activities for, or negative activities against, a certain religion,
14
Acts that indicate that a User is Anti-Social Forces or acts that contribute to Anti-Social Forces,
15
(i) Acts to take advantage of security holes or bugs in the Website, (ii) acts to artificially generate high access loads, (iii) acts to access, without authorization, facilities of others or those of the Services (such as communication equipment, communication lines, computers, other equipment, and software which are utilized for providing the Services), (iv) acts to disturb the use or operation of the aforesaid facilities, and (v) acts to reverse assemble, reverse compile, or reverse engineer the Services or the Website,
16
Acts to transmit or write to the Website fraudulent or harmful programs, scripts, or the like which contain computer viruses, or acts to make such fraudulent or harmful programs or the like available to others,
17
(i) Acts to falsify or delete information that is accessible in the Services, (ii) acts to illegally or unfairly collect information or data in the Website, and (iii) all other similar unauthorized access to the Website.
18
Acts registering any fact which should and must be reported to the competent authorities, such as the discovery of criminal acts, such as fraud, making false statemen and the like,
19
Acts that disturb the operation of the Services or the Website or our other operations, or acts that damage our credibility,
20
Acts that violate the Terms of Use, or
21
Acts that are determined by us to be inappropriate as a User of the Services.
2.
If acts as specified in the preceding paragraph are made or carried out by a User, we shall, in our discretion, explain the situation or otherwise to other Users who have made contact with the said User via the Services, and take proper measures, including the cancellation of the said User’s membership.
3.
If acts as specified in the followings are made or carried out, we shall regard the User concerned as being a malicious unauthorized User, and in our discretion, explain the situation or otherwise to other Users who have made contact with the said unauthorized User via the Services, and take proper measures, including the cancellation of the said unauthorized User’s membership. We may publicize the name of a malicious unauthorized User after taking the procedures designated by us;
1
Acts to ask to open a bank account for requesting the making of a loan, the entrustment of assets and the like, for the purpose of the illegal use of assets,
2
Acts to obtain an invitation letter from overseas for the purpose of obtaining a visa whereupon a person concerned discontinues communication and disappears,
3
Unreasonable acts to ask for the payment of money, including commissions or registration fees for project tenders, temporary advance payment for opening an account for overseas remittance, and various expenses for foreign trade, or
4
Acts that could cause financial damage to other Users of the Services by fraudulent acts and any other acts that could lead to the occurrence of crimes.
4.
Any Users are prohibited from making such acts (including trading outside of the Services and the Website) that violate export and import regulations or laws and regulations concerning national security, or which could constitute espionage or have the purpose of conducting espionage activities.
With respect to foods, drugs, and the like, which could violate Japanese laws (in respect of their items, indications or otherwise) and items for which exportation and importation are regulated or prohibited by the Export Control Regulations and international conventions, including the Washington Convention, the Users shall, at their own risk and expenses, confirm or amend the contents and details of such items. If we determine that certain registered information in the Services violates, or could violate, an aforementioned or any applicable law or regulation, we may, at its discretion, refuse or delete such information registered without giving notice to the User concerned.
5.
If we determine that a User has violated this Terms of Use or their purpose, or has conducted inappropriate acts in view of the purpose of the Terms of Use, we may take the measures mentioned in paragraph 3 of this Article. In addition to that, we may, at its discretion, take similar measures without giving notice to the User concerned.
Please note in advance that even if we receive information from a User that an inappropriate registered information exists as mentioned in the preceding paragraph, in some cases we will not be able to respond quickly.
6.
In the event that any User corresponds to any one of the following causes, we may, without any prior notification or notice requesting cure, temporarily suspend the use of the Service or cancel such customer’s registration;
1
The User indicates to its creditors its inability to pay debts generally as they become due, it becomes unable to pay debts generally as they become due, or a filing is made for commencement of its bankruptcy proceedings, civil rehabilitation proceedings, or any other similar proceedings,
2
Any draft or check drawn or accepted by the User becomes dishonored,
3
The User receives a provisional seizure or a provisional disposition order or application of seizure or public auction is made,
4
The User becomes subject to disposition of delinquency of tax and public dues,
5
The User’s death or becoming adult ward, person under curatorship, or person under assistance, and
6
The User does not use the Service more than 1 (1) year and there is no response to our contact.
7.
In case the User corresponds to the causes in the Article 11.6 or we cancel the membership registration, all the Use’s debt owe to us shall become due and payable immediately and the User shall pay any and all debt to us.
8.
We shall not be liable for any damage whatsoever arising to any User as a result of our taking steps pursuant to the provisions of this Article 11.

Article 12 (Exclusion of Anti-Social Forces)

1.
We have and will have no relationship with Anti-Social Forces. We refuse the use of the Services and the Website by Anti-Social Forces. Therefore, the Users are requested to state and guarantee that they are not Anti-Social Forces before using the Services and the Website.
2.
If we determine that a User belongs to an Anti-Social Forces, or if a User acts that indicate that the User belongs to an Anti-Social Forces or acts that encourage Anti-Social Forces, we shall, at our discretion, take proper measures, including the cancellation of membership. We shall not assume any responsibility for the User for any damage that may result from the said measures.
3.
The user shall have no relationship with anti-social forces. In addition, if the user is a corporation, the user shall appropriately instruct his / her officers and employees not to have any relationship with anti-social forces. In addition, in connection with the Service, the User shall use the Company or a third party to conduct violent demands, unreasonable demands beyond legal liability, threatening We make sure that we will not engage in any acts or actions that use violence, use violence, disseminate rumors, use false counterfeiting or force to damage our credibility, interfere with our business, or otherwise.

Article 13 (Use of Contents of Registered Information)

1.
Rights to information registered by the Users in the course of use of the Services shall belong to the authors of such information as works, copyright owners, or persons having valid authorization for the rights concerned.
2.
When a User registers certain information in the course of its use of the Services, the User has given to us, free of charge, the right to use, duplicate, edit, change, post, reprint, publicly transmit, distribute, sell, provide, transfer, lend, translate, or adapt the said information on a non-exclusive basis in or outside of Japan, and an original copyright owner’s rights concerning the use of derivative works (rights specified in Article 21 or 28 of the Copyright Act; rights of commercial use are included). The rights that are given from a User to us shall include the right to grant a license for reuse to third parties. A User shall not exercise an author’s moral rights against us or a third party who is granted a license for reuse from us.
3.
With respect to any information which is registered by a User in the course of its use of the Services, the User guarantees that the User has rights to the said information under the Copyright Act and any applicable law, including the right to duplicate, publicly transmit, distribute, translate, or adapt the said information, and that the User is not infringing the intellectual property rights of a third party.
4.
If a User provide information to us by using of a third party, the User guarantees that the User has obtained permission at its own responsibility and expense, from the original copyright holder concerning the license mentioned in the preceding paragraph (including but not limited to the granting of a license from the User to us and the granting of a license for reuse from us to third parties).
5.
If a User violates any of the provisions of this Article and infringes our rights, we shall be entitled to injunctive relief to stop a violating act and using the outcome of violation, in addition to any other remedy. Even if a User uses a third party’s information without obtaining the permission of a provider of the information, we shall not be obligated seek an injunctive relief to stop violating act of the User on behalf of the said provider, and shall not assume any responsibility for damage to the provider. In such a case, it is the said provider’s responsibility to take proper measures against the User violating the said provider’s rights, at the provider’s own expense.
6.
The provisions of the preceding paragraph shall remain in force after a User discontinues the use of the Services or ceases to be a User of the Services.

Article 14 (Preservation and Guarantee of Information)

1.
We shall not guarantee that information that is registered by a User in the course of use of the Services is recorded or preserved as it registered. If the whole or part of the information is lost, changed or leaked, we shall not assume any responsibility for such events irrespective of their cause. We may, at its discretion, delete or discard the contents of registered information.
2.
The Users are requested to keep backup data in their own computers and the like before registering information as a precaution against the loss of the said information.
3.
If a claim, dispute, or claim for compensation for damages arises as a result of the loss of information which had been stored in the Services or the suspension of operation of a server, the User shall exempt us from any responsibility.

Article 15 (Prohibition of Unauthorized Diversion or Reprinting of Trademarks)

All trademarks used by us in the Services are trademarks or registered trademarks owned by us or these for which we have obtained licenses from the rights holders. Therefore, the Users are not allowed to use or reprint such trademarks without obtaining our written consent.

Article 16 (Contact or Notification)

1.
The Users intending to communicate with us are requested to send e-mail to, or telephone, the contact point designated by us.
2.
The Users are requested not to visit our offices for communication purposes.
3.
A notification from us to the Users shall be provided on the Website, e-mailed to the registered address, or done by any other means that we determine to be appropriate. If any User suffers any damage, including the unavailability of notice about the Services, for the reason that the User has not provided its accurate contact information to us, we shall not assume any responsibility for the matter.

Article 17 (Use of Personal Information)

1.
Use of the Services is subject to our Privacy Policy (which is a part of this Terms of Use) and our Cookie Policy (which is incorporated into the Privacy Policy), both of which cover how we collect, use, share and store personal information, including the Users’ names, the identities of organizations to which the Users belong, e-mail addresses, mail addresses, or telephone numbers, by which a specific individual could be identified (including information which can be easily collated with other information to identify a specific individual (the “Personal Information”)).
2.
In respect of certain parts of the Services, Personal Information concerning the use of the Services may be made public in a manner by which individuals cannot be identified.
3.
When outsourcing operations are necessary for providing the Services, we may disclose the whole or part of the Personal Information to such outsourcing operators.

Article 18 (Registered Information)

1.
The User shall send to the Website true, accurate and up to date information when register its information. The User shall guarantee the contents of its registered information is true, accurate and up to date. When there is a change of the contents of information registered to the Website, the User shall notice immediately to us as instructed in the Website.
2.
When we determine that the User violates the Article 18.1 or the contents of information is not true, accurate or up to date, we reserve the right to delete the login ID of the User, cancel or temporary suspend the membership, or refuse the use of the Service.
3.
We do not change any information registered by the User unless the User or person who we judged to be equivalent to the User request to change and we accept it, provided however, we may request to change or may delete in case there is information that we deem inappropriate and such information is open to the public.
4.
Notice to the Users shall be made to email address in the Registration Information or other way which we regard as appropriate. A notice will be taken to be duly given and received on the next day of being dispatched such notice. We shall not assume any responsibility for damage caused because of that the User has not entered the latest and accurate email address or has not submitted a change of it. If we do not receive the latest and accurate email address from the User or there is a problem sending an email to the User for any reason, we may delete any information registered by the said User without any further notice.

Article 19 (Management of Member’s ID and Password)

1.
When registering a membership, a User is requested to register a login ID and password.
2.
A User is responsible for managing its password, including changing the password to avoid the inference thereof by third parties.
3.
If a login ID or password is, or could have been, leaked to third parties, the User concerned shall immediately give notice to us. Without notice to the said User , we may, at our discretion, suspend or terminate the use of the Services by using the login ID and password in problem (including the cancellation or temporary suspension of the membership of the User).
4.
If expenses (including but not limited to expenses for investigating a cause, expenses for taking measures to prevent recurrence, attorney’s fees, expenses for complaint handling or otherwise.), losses, damage, lost earnings or the like, arise in connection with the temporary suspension or termination (including the cancellation or temporary suspension of membership) of the use of the Services due to the theft, loss, or unauthorized use of a login ID or password by a third party, with or without intention or negligence on the part of a User, the User shall have no right to ask us to compensate him/her for any and all such expenses or the like.
5.
In addition to the preceding paragraph, if a User or a third party suffers any damage due to the theft, loss, or the unauthorized use of a login ID or password by a third party, with or without intention or negligence on the part of a User, we shall not assume any responsibility for such a matter.
6.
The Users are prohibited from allowing third parties to use their login IDs and passwords, or transferring, selling and buying, or lending their login IDs and passwords, or of disposing of them in any manner.
7.
All acts which are undertaken using a login ID and a password shall be regarded as having been undertaken by the User to whom the login ID and the password belongs, even if a third party undertakes such act without obtaining the approval of the User or illegally, and the User shall agree to take responsibility for the foregoing.
8.
If a User violates any of the provisions of paragraphs 2, 3, or 6 of this Article and causes damage to us or a third party, the User shall be solely responsible for the said matter.

Article 20 (Member’s Responsibility)

1.
A User shall guarantee that the contents of its registered information are true and accurate, and shall quickly update such registered information, if necessary, to ensure that such information is up-to-date at all times.
2.
A User shall be solely responsible for its contents of information provided to us . We shall not take responsibility for such contents (including information, data, documents, software, music, photos, images, videos, messages, text and the like, and such interpretation shall apply to all subsequent uses of the word “content”) which is created, posted on the Website, and disclosed, provided or transmitted to other persons on behalf of the User

Article 21 (Transfer or Lending of Membership)

1.
A User shall not allow a third party to use, transfer, sell or buy, lend or otherwise dispose of its membership. A User shall not transfer, grant security interests in or otherwise dispose of the whole or part of its rights and obligations under the Terms of Use to a third party.
2.
If a User violates the provisions of the preceding paragraph and causes damage to us or a third party, the User shall be solely responsible for the said damage.

Article 22 (Withdrawal from Membership)

1.
In any of the following cases, we shall suspend the provision of the Service to the User concerned within an appropriate, reasonable period of time;
1
The User intends to withdraw from membership and completes the predetermined procedures for withdrawal or applies to us for the suspension of use of the Services by other means,
2
We receive such a request from a person who can be considered by us to be equivalent to the User, and we accept the request, or
3
We determine that there is an unavoidable reason due to our business needs.
2.
On withdrawing from membership, a User shall lose all rights relating to the use of the Services.

Article 23 (Cancellation and Suspend of Membership)

If a User falls within any of the following subparagraphs, we may cancel or temporarily suspend its membership, cancel rights attached to its membership, or prohibit the User from using the Services in the future. We shall not assume any responsibility for any damage that may occur, directly or indirectly, to the User or a third party;

1
The whole or part of the contents of information entered or registered by a User contains inaccurate, treacherous, false, or misleading information,
2
A User has in the past failed to perform a contractual obligation in a service and the like, which was provided by us, or has in the past failed to perform a contractual obligation with respect to transactions with other Users; or we have determined that the User could fail to perform a contractual obligation in the future,
3
A User has violated any applicable law or regulation or this Terms of Use,
4
A User has committed, or could commit in the future, any of the prohibited acts specified in the Terms of Use,
5
A User allows unauthorized use of a login ID and/or a password,
6
A User uses information provided from us, or a User in breach of this Terms of Use,
7
It becomes clear that a User does not satisfy the membership requirements, or the User has failed to satisfy the membership requirements,
8
A dispute arises between a User and other Users or a third party,
9
Other Users or third parties raise a complaint against a User,
10
We determine that there is a risk that a User may harm us, other Users, or third parties,
11
A User does not log in a certain number of times or more during a certain period of time as determined by us,
12
We reasonably determine that the continuous providing of the Services to a User is difficult, or
13
In addition to the above, in a case in which we determine that t keeping the membership of a User is inappropriate or causes problems in the operation of the Services or the Website.

Article 24 (Disclaimer)

1.
With respect to the information to be provided as part of the Services or on the Website (the “Provided Information”), whether or not the Provided Information is created based on information provided from the Users, we shall not make any representations or warranties (whether explicitly or implicitly) regarding the Provided Information. We have no obligation to verify, and therefore shall not make any representations or warranties (whether explicitly or implicitly) with respect to, the contents, quality, accuracy, legality (including non-infringement of others’ rights, including Intellectual Property Rights or otherwise), usability, believability, timeliness, or completeness of the Provided Information.
2.
We shall not assume any responsibility for any damage which may arise from the use of the Provided Information by a User or a third party (including but not limited to errors concerning its acquisition, collection, editing, interpretation, analysis, compilation, translation, transmission, communication, or distribution, and trouble which may arise from the purchase of products based on the Provided Information) or the non-usability of the Provided Information by a User or a third party.
3.
The Provided Information as specified in paragraph 1 shall not be considered as a recommendation by us with respect to purchase, sale, possession, use, or those application (collectively “Purchase”). As the contents of the Provided Information may change from hour to hour, the Users are requested not to entirely rely on the Provided Information and to make a Purchase, of products based on their own judgment. We shall not become a party to business negotiations or contracts made by the Users by way of the Services or the Website, and shall not assume any responsibility for such matters.
4.
Websites linked from the Services and the Website and websites linked from the information posted on the Website are operated by the administrator of each website. We have no connection with such websites, and shall provide no guarantee that they are not illegal, that their contents are accurate, that they do not contain unpleasant information, or that they do not contain other information that the Users do not wish to consume.
5.
Even if there is an infringement of rights of genuine rights holders by transferring, editing, using, duplicating, reprinting or forwarding such information as registered by the User or entered to the Services or the Website and as a result the User suffers damage, we shall not assume any responsibility for such a matter.
6.
In connection with the Services or the Website, if a conflict arises between the Users or between a User and a third party (including a dispute arising from the infringement of Intellectual Property Rights), or if a User or a third party suffers damage due to a third party’s act, we shall not assume any responsibility for such matters. Such disputes or damage shall be resolved between the parties concerned through lawsuits or any other dispute resolution process. If we suffer damage due to such a dispute, the parties involved in such dispute shall jointly and severally, and rapidly, compensate us for all of its expenses, losses, and damage, including any attorney’s fees.
7.
We shall not intervene in any communications or transactions between the Users in connection with the Services or the Website. The Users are responsible for preparing documents and paperwork, mutually communicating with each other, fulfilling their legal obligations, resolving disputes and the like. Even if damage occurs in connection with transactions made based on information in the Services or on the Website, or even if damage occurs due to the act of entering information to the Website, we shall not assume any responsibility for such damage.
8.
Even if damage occurs to computers, communication lines, software and any other equipment, as a result of downloading from the Services, the Website, or websites of third parties, including advertisers, or due to a computer virus and the like, we shall not assume any responsibility for such damage.
9.
If we incurs expenses, or pays compensation, in response to any and all complaints or claims occurring due to, or in connection with, violations of this Terms of Use by any User or in connection with the User’s use of this Services, the User shall be solely responsible for compensating us for such expenses, compensation or otherwise. (including any attorney’s fees paid by us).
10.
The systems, content, and links in the Services and the Website are provided on an as-is basis. Therefore, the Users are requested to use them at their own risk and expense within the scope permitted by laws and regulations. With respect to the status of provision of the Services, the possibility of access, the status of a User’s utilization of the Services and systems of the Services (including content, hardware, software, and links), we shall provide no guarantee, whether explicitly or implicitly, of their suitability for certain purposes, merchantability, competence, non-infringement, outcome, accuracy, integrity, accessibility, compatibility, security, freedom from computer viruses or otherwise.
11.
In addition to the above, we shall provide no guarantee of the contents, quality, and level of the Services and the Website, the stable provision of the Services, the outcome of use of the Services or the like. Even if damage occurs, directly or indirectly, to any Users or third parties, intentionally or negligently, due to inaccurate, inappropriate, or vague contents, expressions, acts or otherwise, in the provision of the Services or on the Website, we shall not assume any responsibility for such damage. Although we may give advice or provide information to a User, we shall not assume any responsibility for the accuracy or usability of such advice or information, or for the realization of an outcome that is desired by a User.
12.
Our responsibilities shall be limited to those specified in the provisions of this Terms of Use.

Article 25 (Confidentiality and Protection of Personal Information)

1.
The Users shall keep in confidence (i) confidential information which is designated as confidential and disclosed to them by other Users as counterparties in the transactions between the Users in connection with the Services or the Website or as part of the process of such transactions, (ii) confidential information which they come to know in the course of the performance of transactions (iii) and Personal Information held by counterparties. Any Users shall not use such confidential information for any purposes other than the purposes of the relevant transactions, and shall not disclose or leak such confidential information to third parties.
2.
Notwithstanding the provisions of paragraph 1, information that a User proves falls within any of the following subparagraphs shall be excluded from confidential information. In the case of Personal Information, only information that falls within subparagraph (6) shall be excluded from confidential information.
1
Information that is already publicly known and used.
2
Information that becomes publicly known and used through no fault of a member after the disclosure of confidential information.
3
Information that was already known or was obtained prior to the disclosure of the confidential information.
4
After the disclosure of confidential information, information that is obtained legally, without bearing any confidentiality obligation, from a third party having legitimate authority to disclose such information.
5
Information for which the disclosing party approves in writing its disclosure to a third party.
6
Information in respect of which disclosure is required by laws and regulations or an order, demand or request of a court or a governmental agency.
3.
When dealing with confidential information, a User shall disclose such information only to the minimum number of persons who belong to the User and required to achieve the purpose of such disclosure. In such a case, the User shall be obligated to supervise, or take other necessary measures, to ensure that persons to whom confidential information is disclosed will neither leak it nor use it for purposes other than the purpose for which disclosure was made.
4.
The Users shall be obligated to treat confidential information in confidence, and take all reasonable safekeeping and leakage prevention measures.
5.
Before making transactions or beginning negotiations with other Users, the Users shall conclude a confidentiality agreement, if necessary, and mutually make efforts to hold the counterparty’s confidential information in confidence. Whether such a confidentiality agreement is concluded or not, the Users shall mutually fulfill the confidentiality obligation as specified in this article in transactions or negotiations between another User.
6.
When a User receives Personal Information held by the other User in relation to a transaction between another User or through the process such transaction triggered by the Services or the Website, the User shall, in addition to the obligations stipulated in this Terms of Use, comply with any and all applicable law or regulations relating to Personal Information protection. The Users may receive personal information subject to the Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016, otherwise known as the General Data Protection Regulation, in connection with the transaction triggered by the Service or the Website and therefore shall comply with their obligations under such regulation as well as other applicable laws and regulations.
7.
We shall provide no guarantee that the confidentiality obligation in relation to the transactions and negotiations between the Users is secured, and shall not assume any responsibility for such matters.

Article 26 (Transfer of the Services)

We reserve the right to transfer our business of the Services to a third party. In case of the transfer, the Users shall agree that we transfer our status under this Terms of Use and its rights and obligations hereunder to the said third party without obtaining further consent of the Users for such transfer. The transfer of business includes divestiture and the like, which accompany a transfer of whole or a part of our business.

Article 27 (Entire Agreement)

This Terms of Use shall constitute the entire agreement between each and all Users and us relating to the subject matters contained herein, and supersede any agreements, representations or undertaking, relating to the subject matters contained herein, oral or in writing, between each and all Users and us.

Article 28 (Survivability)

The provisions of, Articles 5.3 (if there is any unsettled payment), 24, 25, 30 and 31 shall survive the termination of the Agreement and shall remain effective even after the termination of the Agreement.

Article 29 (Validity of the Terms of Use)

1.
The Terms of Use shall take effect on (09/05/2019), and if revised, the revised Terms of Use shall supersede the past Terms of Use.
2.
Even if part of the provisions of the Terms of Use is declared invalid or unenforceable by jurisdiction judicial authorities or otherwise, their judicial ruling shall not be valid outside their jurisdiction and other provisions of the Terms of Use shall be in full force and effect.
3.
The duties of the Users under the Terms of Use which has accrued and yet not settled, if any, shall not be nullified and shall remain enforceable even after the expiration of the Services or discontinuation of the Website, or the discontinuation of use of the Services by the Users, or the expiration of the Terms of Use.

Article 30 (Governing Law)

The Terms of Use shall be governed by, and construed and interpreted under, the laws of Japan.

Article 31 (Jurisdiction)

If any dispute arises under this Terms of Use, the Osaka District Court shall be the court of exclusive jurisdiction in the first instance.



Enacted on September 5, 2019

岡野法律事務所 株式会社レンワーク