Terms of Services
The purpose of this Terms of Services (hereinafter referred to as “TOS”) is to establish the terms and conditions for using the Web Order System provided by Yamamoto Corporation (hereinafter referred to as “YC”) on this Web Site (hereinafter referred to as “Services”).
All registered users (hereinafter referred to as “User”) shall follow this TOS when they use Services.
Article 1 (Application)
1.1. This TOS shall apply any transactions and related matters between YC and User using this Services.
1.2. YC may establish rules and regulations relating to use of Services in addition to this TOS from time to time (hereinafter referred to as “Individual Rules”).
Individual Rules shall be considered as a part of TOS regardless of names of such Individual Rules.
1.3. In the event of any discrepancy between TOS and Individual Rules, unless otherwise specifically provided in Individual Rules, this TOS shall prevail.
Article 2 (Registration of using Services)
2.1. The registration is completed when a user submits an application form prescribed by YC with consent to be bound by this TOS to YC and YC gives such user the notice of acceptance by YC.
2-2. YC may reject an application by a user when YC considers that there is following reason. YC shall have no obligation to disclose the reason indicated above to the user or any other party.
(i) In case where the application form or documents to be submitted to YC includes false statement.
(ii) The applicant violated this TOS in the past.
(iii) If YC considers that accepting the application for registration is not appropriate.
Article 3. (User ID and Administration of User Pass Ward)
3-1. User shall be solely responsible to administer such User’s ID and Pass Ward.
3-2. User shall not assign, transfer, or lend such User’s ID or Pass Ward to any third party nor share such ID or Pass Ward with any third party.
3-3. YC may assume that Services is used by User himself/herself, if login is made using the same ID and Pass Ward registered by such User.
3-4. Unless YC intentionally acted or acted with gross negligence, YC shall not be liable for any damages suffered by any User with respect to the use of ID and Pass Ward by third party.
Article 4. (Sales and Purchase Contract)
4-1. In this Services, the sales and purchase contract between YC and User is deemed to be entered into when User subscribes its purchase order to YC and YC dispatch its acceptance to such User. The title of the goods shall be transferred from YC to User when YC delivers the goods to transportation entity.
4-2. YC may terminate the sales and purchase agreement indicated in above provision 4-2 without giving prior notice to the User, in the event of following cases.
(i) The User breaches this TOS.
(ii) Delivery of the products cannot be performed because of User’s address unknown or long absence of User.
(ii) Any other reason by which YC considers a relation of mutual trust with the User is lost.
4-3. YC shall establish separate rules with respect to payment system, delivery method, cancel of the purchase order and return of products.
Article 5. (Intellectual Property Rights)
Copy rights and other intellectual property rights of products pictures and other contents provided by Services (hereinafter referred to as “Contents”) shall be owned by YC or Contents provider who has legitimate rights, and User shall not do any duplication, reprint, renovation, or secondary use.
Article 6. (Prohibited Matters)
User shall not commit any of the following acts when using Services.
(i) Any acts against public policy or laws and regulations.
(ii) Any acts relating to criminal acts.
(iii) Any acts infringing copy rights, trade mark rights and other intellectual property rights included in Services.
(iv) Any acts destroying or disturbing YC’s server or network.
(v) Use information obtained through Services for its own commercial activities.
(vi) Any acts which may disturb operation of Services.
(vii) Commit unauthorized access or try to such access.
(viii) Collect or accumulate other User’s Personal Information.
(ix) Pretend to be other User.
(x) Give directly or indirectly profit relating to Services to antisocial force.
(xi) Any other acts which YC considers inappropriate.
Article 7. (Cease of Providing Services)
7-1. YC may cease providing whole or part of Services or temporally stop providing Services without giving prior notice to User, in the event of following cases.
(i) When performing maintenance inspection or updating of computer system relating to Services.
(ii) When it becomes difficult to provide Services because of earthquake, a stroke of lightning, fire, power failure, natural disaster or other force majeure events.
(iii) When the computer or communication channel for Services is stopped because of an accident.
(vi) When YC considers that providing Services is difficult.
7-2. YC shall not be liable for any damages suffered by User or third party arising from stop or interruption of providing Services by whatever reason.
Article 8. (Limitation of Use and Cancellation of Registration)
8-1. YC may limit the use of whole or part of Services by User or cancel the registration of User without giving prior notice to User, in the event of following cases.
(i) User breaches any one or more provisions of this TOS.
(ii) It becomes clear that registered matters include false representation.
(iii) The use of credit card reported by User for payment is suspended.
(iv) User does not make any payment which becomes due.
(v) User does not respond to YC’s correspondence within designated period.
(vi) User does not use Services for certain period after the last use of Services.
(vii) When YC considers that using Services by User is inappropriate.
8-2. YC shall not be liable for any damages suffered by User arising from YC’s acts provided in above provision 8-1.
Article 9. (Cancellation of Registration)
User may cancel its registration in accordance with the procedure established by YC.
Article 10. (No Warranty and Limitation of Liability)
10-1. YC does not warrant that Services will be free of factual or legal defects (including without limitation, safety, reliability, accuracy, completeness, effectiveness, fitness for particular purpose, security, any error or bug, infringement of other’s rights).
10-2. YC shall not be liable for any damages of User caused by use of Services except for the situation where the contract between YC and User (including this TOS) is the consumer contract under Japanese Consumer Contract Law.
10-3. Even though the contract is consumer contract as provided in above provision, YC shall not be liable for special damages, indirect or consequential damages of any kind (including any loss or damage foresaw or foreseeable by YC or User) caused by YC’s negligence (except for YC’s gross negligence).
10-4. YC shall not be responsible for any transaction, communication or dispute between User and other User or third party relating to Services.
Article 11. (Modification, Deletion or Amendment of Services)
11-1. YC may modify, delete, or amend the contents of Services or cease to provide Services without notice to User. YC shall not be liable for any damages of User caused by YC’s such actions.
Article 12. (Modification, Deletion or Amendment of this TOS)
12-1. Contents of this TOS may be modified, deleted, or amended by YC at any time when YC considers necessary without notice to User.
12-2. Any User uses Services after modification, deletion or amendment of this TOS, such User shall be deemed to agree such modification, deletion, or amendment of this TOS.
Article 13. (Treatment of Personal Information)
YC shall properly treat Personal Information obtained through use of Services in accordance with YC’s Privacy Policy.
Article 14. (Notice)
Any notice between User and YC shall be made in accordance with the way established by YC. Unless YC will have received notice of change of contact address from any of User, YC may send any notice to such User at the contact address presently registered with YC by such User. Any such notice shall be deemed to have been received by the User at the time of dispatch.
Article 15. (No Assignment)
User shall not, in whole or in part, assign, pledge or otherwise transfer its position in this TOS or any rights and obligations created hereunder, without the prior written consent of YC.
Article 16. (Governing Law and Jurisdiction)
16-1. This TOS shall be governed by and construed in accordance with the laws of Japan. This TOS shall not be governed by the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods.
16-2. Any dispute arising out of or in relation to this TOS or Services shall be exclusively submitted to the court which has jurisdiction over YC’ head office location.
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