Terms of use

Terms of Use

 

These Terms of Use (hereinafter, these “Terms”) set forth the terms and conditions of use of the online shop (hereinafter, the “Service”), provided by Towa Corporation (hereinafter, the “Company”) on this website. All registered users (hereinafter, the “User” or “Users”) shall comply with these Terms in using the Service.

Article 1 (Application)

  1. These Terms apply to any and all relationships between the User and the Company in connection with the use of the Service.
  2. In addition to these Terms, the Company may set forth rules for use and other various provisions pertaining to the Service (hereinafter, the “Individual Regulations”). The Individual Regulations, regardless of their names, constitute part of these Terms.
  3. In the event of any conflict between the provisions of these Terms and the provisions of the Individual Regulations under the preceding paragraph, the provisions of the Individual Regulations shall take precedence, unless otherwise provided in the Individual Regulations.

Article 2 (Use Registration)

  1. In this Service, use registration shall be completed when the registration applicant consents to these Terms and applies for the use registration by the method prescribed by the Company and the Company notifies the applicant of its approval.
  2. If the Company determines that any of the following events applies to a registration applicant, the Company may not approve his/her application for the use registration, and the Company shall not be bound to disclose any of the reasons:
    1. The applicant submits any false statement in applying for the use registration.
    2. The application is made by a person who has committed any breach of these Terms.
    3. The Company otherwise determines the use registration to be inappropriate.

Article 3 (Management of User ID and Password)

  1. Users shall manage their user IDs and passwords for the Service at their own responsibility.
  2. In no event shall Users assign or lend their IDs and passwords to or share them with any third party. If the combination of the user ID and password consistent with the registered information is used to log in to the Service, the Company will deem that the User who has registered such user ID is using the Service.
  3. Except in cases of willful or gross negligence on the part of the Company, the Company shall assume no liability whatsoever for any loss or damage resulting from use of the user ID and password by a third party.

Article 4 (Sales Contract)

  1. In this Service, a sales contract shall be formed when a User files a purchase application with the Company and the Company notifies the User of its acceptance of such application. The title to the product concerned shall pass to the User upon the Company delivering the product to a delivery company.
  2. If a User falls under any of the following items, the Company may cancel the sales contract under the preceding paragraph without prior notice to such User:
    1. The User commits any breach of these Terms.
    2. The delivery of the product is not completed due to an unknown delivery address or long absence.
    3. It is otherwise deemed that the relationship of trust between the Company and the User has been impaired.
  3. The methods of payment, delivery, cancellation of a purchase application and return of a product in relation to the Service shall be as separately prescribed by the Company.

Article 5 (Intellectual Property Rights)

The copyrights and other intellectual property rights of the product photos and other contents provided by the Service (hereinafter, the “Contents”) shall remain with the Company and legitimate right holders, such as Contents providers. Users may not reproduce, reprint, modify or otherwise make secondary use of the Contents without permission.

Article 6 (Prohibited Matters)

In using the Service, Users shall not engage in any of the following acts:

  1. An act that violates laws and regulations or public order and morals.
  2. An act related to a criminal act.
  3. An act that infringes upon copyrights, trademarks or other intellectual property rights contained in the Service.
  4. An act that destroys or interferes with the functions of the Company’s servers or networks.
  5. An act of using information obtained through the Service for commercial purposes.
  6. An act that threatens to interfere with the operation of the services of the Company.
  7. An act of unauthorized access or attempting to do so.
  8. An act of collecting or storing personal information, etc. related to other users.
  9. An act of impersonating another User.
  10. An act of directly or indirectly providing benefits to anti-social forces in connection with the Service.
  11. Any other acts determined by the Company to be inappropriate.

Article 7 (Suspension, Etc. of Provision of the Service)

  1. If the Company determines any of the following to be true, the Company may suspend or interrupt the provision of all or any part of the Service without prior notice to Users:
    1. Any maintenance, inspection, or updating is performed on the computer system related to the Service.
    2. It becomes difficult to provide the Service due to force majeure events, such as earthquakes, lightning and thunder, fire, power outages, and natural disasters.
    3. A computer or communication line, etc. is stopped due to an accident.
    4. The Company otherwise determines it difficult to provide the Service.
  2. The Company shall assume no liability whatsoever for any disadvantage or damage incurred by the User or any third party due to the suspension or interruption of the provision of the Service, regardless of the reason.

Article 8 (Restrictions on Use and Deregistration)

  1. In cases that correspond to any of the following items, the Company may, without prior notice, restrict the User’s use of all or any part of the Service or cancel the User’s registration:
    1. The User commits any breach of any provisions of these Terms.
    2. It turns out that the registered information contains any falsehood.
    3. The credit card notified by the User as a means of payment has been suspended.
    4. The User is in default of payment of fees or other obligations.
    5. The User has not responded to any communication from the Company for a certain period of time.
    6. The User has not used the Service for a certain period of time since the last use.
    7. The Company otherwise determines the User’s use of the Service to be inappropriate.
  2. The Company shall not be liable in any way for any loss or damage caused to the User due to any act performed by the Company under this Article.

Article 9 (Withdrawal)

Users may withdraw from the Service by completing the prescribed withdrawal procedures.

Article 10 (No Warranty and Disclaimer)

  1. The Company makes no warranties that the Service is free from any defects in fact or in law (including, without limitation, defects in safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, etc., errors or bugs, and infringement of rights).
  2. The Company shall not be liable in any way for any loss or damage caused to a User arising from the Service; provided, however, that this disclaimer does not apply if the contract between the Company and the User in connection with the Service (including these Terms) is a consumer contract as set forth in the Consumer Contract Act. Even in such case, the Company shall not be liable in any way for any loss or damage that arises from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of such loss or damage) among loss or damage caused to the User due to default or a tort resulting from the Company's negligence (except for gross negligence).
  3. The Company shall not be liable in any way for any transactions, communications, disputes, etc. arising between the User and other Users or third parties in connection with the Service.

Article 11 (Change of Service Contents, Etc.)

The Company may, without notice to Users, change the contents of the Service or discontinue the provision of the Service. The Company shall not be liable in any way for any loss or damage caused to Users due to such change or discontinuance.

Article 12 (Amendment to These Terms)

The Company may amend these Terms at any time without notice to Users if the Company determines it necessary. A User beginning to use the Service after these Terms are amended will be deemed to have agreed to the amended Terms.

Article 13 (Handling of Personal Information)

The Company shall properly handle personal information obtained through the use of the Service pursuant to its Privacy Policy.

Article 14 (Notice or Communication)

Any notice or communication between a User and the Company shall be sent by the method prescribed by the Company. Unless the User notifies the Company of a change in accordance with the method separately prescribed by the Company, the Company will deem the currently registered contact address as valid and send a notice or communication to such contact address, which notice or communication will then be deemed to have reached the User at the time it is transmitted.

Article 15 (Non Assignment of Rights and Obligations)

Users may not, without prior written consent of the Company, assign or pledge as collateral to any third party its status under the use contract or its rights or obligations under these Terms.

Article 16 (Governing Law and Jurisdiction)

  1. These Terms shall be construed in accordance with the laws of Japan. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Service.
  2. Any dispute arising in connection with the Service shall be subject to the exclusive jurisdiction of the court having jurisdiction over the location of the Company’s principal office.