「日本をドット売る」JapaPro.com Terms and Conditions of Service
[0] Definitions
1. “This Company”, hereby refers to Tohnen Kikaku Co., Ltd
2. “Services”, hereby used as a general term to refer to the services offered by This Company to its Users.
3. “This Site”, hereby used as a general term to refer to the website used by This Company to present its services on the internet.
4. “Member/User Registration”, hereby refers to the application process from This Site’s application page (clicking on the ‘agree’ button, etc.), the filling in of the application forms designed by This Company, and the process as decided by This Company for the application for its Services.
5. “Users”, hereby used as a general term for user(s), member(s) or non-member(s), of Services, regardless of whether or not he/she has completed Member Registration.
6. “Exhibitor”/”Supplier”, hereby refers to the display of product information or sales conducted by businesses when using the ordering system offered by This Site. Or, can also refer to a separate ordering system held by one of our partner companies.
[1] Regarding this agreement
On This Site, This Company offers Services to Users in accordance with this agreement. This agreement applies to registered members and Users as, depending on the Services used via This Site, you will be considered to have agreed to those contents and thus the relationship between This Company and Users is legally-binding. The contents of this agreement will be changed as The Site deems necessary. Any revisions to this agreement are effective from the time they appear on this page so please refer to the latest terms and conditions when using This Site or its Services. Upon logging in or continuing to use This Site’s Services, it will be considered that you have agreed to the latest terms and conditions. Furthermore, regarding the use of This Site, a separate agreement may be decided. In that case, it will be required that you consent to the applicable agreement according to a procedure decided by This Company.
[2] Regarding Services
1. The use of our Services is limited to legal entities in Japan that may enter into legally-binding contracts.
2. This Site is offered only in the realm of User transactions. That is, Users can use This Site to search for clients/partners, negotiate things like products and services, and get information on all types of business dealings. However This Company will not become involved with those business dealings nor will it confirm or guarantee the quality, safety & legality, or authenticity of transaction information nor will it have any kind of involvement with the transactions.
3. Although This Company offers its Services to the best of its ability, we cannot completely safeguard against any technical problems or any other issues that may arise in the future. These types of problems may result in data loss or service disruption, etc. However, being that our Services are offered based on their current state, This Company absolutely does not guarantee service contents (authenticity, accuracy, that they do not infringe on the rights of third parties, and so forth), the state of offerings, the availability of access, or the state of use. The use of our Services is carried out according to the user’s responsibility. This Company absolutely does not guarantee any of the following:
(1). that our Services will meet the expectations of the user
(2). that defects, errors, malfunctions, etc. will not occur in the offering of our Services
(3). the authenticity of information that can be gained from our Services
(4). that the products, services, or information obtained through our Services will meet the expectations of the User
Everything the User obtains through using our Services (tangible or intangible, without regard to the method of obtainment, downloading, etc.) including downloads, etc. becomes the sole responsibility of the User. Regarding any damages incurred resulting from these actions, the User accepts all responsibility. Even in the case when the User has obtained, either directly from This Company or through our Services, any advice, information, etc., including those not covered in the details of this agreement, This Company holds no responsibility.
4. Regarding links.
This Site offers links to other websites and resources. We also may offer links to websites and resources maintained by 3rd parties (hereby referred to as “3rd party websites, etc.”). However, because This Site does not maintain 3rd party websites, etc., This Site holds absolutely no responsibility for 3rd party websites, etc. outside of This Site. And, including 3rd party websites, etc., This Site holds absolutely no responsibility for contents, advertisements, product information, services, and the like that may be used from a 3rd party website etc. Consequently, This Company, whether directly or indirectly, bears no responsibility of compensation for any and all damages that may occur, caused by or related to the contents, advertisements, product information, services, etc. found on 3rd party websites, etc.
5. Regarding advertisements.
Transactions (including participation in promotions) with advertisers who advertise inside our Services (including advertisers found through our Services) are the responsibility of the User and said advertiser. That is to say, the User and the advertiser, being the parties concerned, assume responsibility for all product payment, decision on contract terms, guarantees, warranties, etc. This company holds absolutely no responsibility for damages caused by the advertisements themselves or incurred via transactions that have taken place through advertisements appearing in our Services.
7. Regarding suspension of Services.
This Company, without informing the User, reserves the right to alter or suspend its Services, partially or fully, temporarily or permanently. This Company owes absolutely no responsibility regarding the suspension of its Services to the User or to a 3rd party.
[3] Regarding member registration
1. When registering for membership to This Site, please comply with the following requirements.
(1). Please submit information that can be applied to the current state of affairs based on the information supplied via the Member Registration of This Site or application through a format designated by This Site, when that information regarding the User itself and/or its company is accurate and true.
(2). Please occasionally revise the information in the above Member Registration so that it is accurate and true and can be applied to the current state of affairs. In the event that said information is in violation of law, or when the supplied information is untrue, inaccurate, or does not reflect the current state of affairs, depending on the judgment of This Company, This Company may stop or delete said Member ID and featured data. And This Company reserves the right to refuse present and future use and Services (or any part thereof). If the User registers through his/her company or through the proxy of any other legal entity, we guarantee the rights provided by this agreement to that company or legal entity.
(3). Before or after Member Registration, or before or after use, This Company may conduct an examination to determine the propriety of use as performed by the User. In this case, This Company can demand the submission of documents, etc. proving that the use is not in violation of this agreement or This Company can demand the submission of This Company’s specified documents. We ask the User for speedy compliance with such demands.
2. Regarding management of Member ID and password
The User chooses the Member ID and password himself/herself at time of registration. The management of the Member ID and password is the responsibility of the User. Also, This Company, holds only the Member ID and password. The responsibility of the confirmation of personal information, and actions carried out under the Member ID and password fall on the User holding said Member ID. Furthermore, the User agrees to the following contents:
(1). In the event that your Member ID is used without your permission, or if your Member ID and password are leaked to a 3rd party, please contact This Company immediately.
(2). In order to prevent your Member ID and password from being leaked to a 3rd party or used without authorization, please log out each time you temporarily finish using our Services.
(3). This Company assumes no responsibility for any damages incurred by the leakage of your Member ID and password to a 3rd party or through unauthorized use, so please be careful.
[4] Regarding featured information
1. Regarding responsibility relating to featured information.
What is considered featured information? We claim all information relating to transactions and products as entered by the User on This Site, or information submitted via e-mail to This Company or other Users of This Site. This includes data, documents, software, music, sounds, images, videos, letters/characters, etc. The User himself/herself bears responsibility regarding submitted information. This Site offers Services in its sole function as a medium of featuring submitted information. Thus This Company holds absolutely no responsibility for the contents of the submitted information. If This Company, based on the data, incurs any legal or moral responsibility, This Company may become unable to offer all or part of its Services. In such an event, This Company may decide, based on its own judgment, to suspend, delete, or take any other measures that it deems necessary and appropriate in regard to that information.
2. Rules regarding products and featured information.
Regarding all products and featured information on This Site, please adhere to the following statements in (1) through (6). (“Products” as mentioned in this agreement refer to all transactions conducted in accordance with the law, all concrete things eligible for transaction; existing in any form; tangible and intangible, interest, drafts & securities, services, and acts.)
(1). I will not commit fraud. I will not feature/sell counterfeit or stolen items.
(2). I will not infringe on any of the rights of 3rd parties. At this time, “rights” includes real rights, copyrights, patent rights, trademarks, a business’s confidential items and other intellectual property rights, privacy rights, and honor, etc.
(3). I will not violate any laws, rules, regulations, or conventions. (These are not limited to laws, rules, regulations, etc. regarding import/export controls, trade quotas, consumer protection, things like unfair competition and false advertising.)
(4). I will not slander another business or person, or commit blackmail, extortion, or harassment. I will not include any obscene or vulgar items or any other contents that would be inappropriate for minors.
(5). I will not intentionally destroy or maliciously interfere with another person’s computer, system, data, etc. Nor will I cut and paste or upload viruses, Trojan horses, worms, logic bombs, or any other malicious program. I will not use Services for purposes such as chain letters, junk mail, spam, or unlawful copying.
(6). I will not use Services to willfully gather another person’s e-mail and/or address or other information about that person.
3. Consent, etc. to use submitted information
The User consents to grant This Company a permanent monopoly on submitted information and to be used, free of charge, worldwide. Accordingly, This Company can freely use, duplicate, revise, rewrite, feature, translate, distribute, or display all or part of the submitted information. Also, in any present and future form, media, or utilizing any technology, This Company can insert submitted information into other information. At the time of using the submitted information, This Company adheres to the privacy statement decided by This Company or another agreement. In addition, This Company’s privacy statement is a part of this agreement so please refer to it.
[5] Regarding transaction agreement and requirements
1. Transaction program
(1). When the User submits information relating to a product to This Site, he or she can write a product description based on documents, images, videos, or photos. The User can feature product information on This Site as a buyer, Supplier, or both. Please be sure to put your product description in the correct category. This Company holds absolutely no responsibility for the accuracy of the product description or its contents. Moreover, it is difficult for This Company to guarantee the safety, legality, and authenticity of data submitted by another User through Services. When using This Site, please understand that beforehand.
(2). When making a transaction, both buyer Users and Supplier Users can make precise offers and counter-offers, mutually negotiate, and complete the transaction through This Site. Excluding special situations (such as after submitting an offer, that product description has been fundamentally altered, the article has been revised, or when the identity of the transaction member(s) cannot be verified), offers and the acceptance of which absolutely cannot be withdrawn.
(3). User disputes resulting from transactions are absolutely not a concern of This Company. Even in cases when a dispute occurs between one User and another User or a User and a 3rd party, This Company will have absolutely no participation and will bear absolutely no responsibility.
2. User limitations regarding the transaction system
(1). When using Services, The User, whether intentionally or unintentionally, cannot deceive a customer or 3rd party into negotiating business with a separate client.
(2). The User will not voice any objections about the equipment, software/programs, that are used by This Site. Also the User will not voice any objections about the operation of This Site or any of the transactions being carried out on This Site.
(3). The User must not take any actions that harm the accuracy of feedback information. Such “actions” mean, for example, if the User creates a 2nd Member ID or uses a 3rd party to leave positive feedback for himself/herself, or to leave negative feedback for another User, or to leave negative feedback in cases where another User was unable to perform an action outside the scope of the transaction.
(4). The User cannot use information or featured information of This Company or another User for purposes other than conducting transactions on This Site, except in cases when given expressed prior consent from This Company. Copying of information featured on This Site by This Company or another User is prohibited.
[6] Restrictions on the compensation responsibility of This Company
1. Basic disclaimers. You agree that This Company bears no responsibility for:
(1) whether the User uses or cannot use Services
(2) expenses for products, samples, data, information, the reception of a service, the conclusion of a transaction incurred through using Services
(3) the unauthorized access of or changes to a User’s featured information or data
(4) proposals or communication from 3rd parties appearing in Services
(5) any and all damages caused by or brought about in connection with any other matters related to Services.
2. This Company bears absolutely no responsibility for acts of God or causes that exceed a reasonable scope. Regarding “acts of God”, that is to say, for example: natural disasters, strikes, rioting, rebellions, uprisings, war, governmental problems, failures of communications systems and/or other facilities, or accidents with serious injuries, etc. Also even in cases when This Company cannot fulfill its obligations to the User, This Company bears absolutely no responsibility.
[7] Regarding the collection of fees
It is necessary to pay a fixed fee, decided by This Company, when using or subscribing to some of the chargeable Services offered by This Company on This Site. In addition, all expenses, taxes, hardware expenses, software expenses, or expenses relating to Services incurred via a transaction or when connecting to This Company’s server will be paid by the User himself/herself.
[8] Regarding the deletion of registration ID, etc.
In cases when deemed necessary by This Company, This Company reserves the right to delete Member IDs and/or passwords, prohibit the use of Services, or delete featured information. These rights can be exercised at the discretion of This Company in instances when, but not limited to, the User violates the contents or meaning of this agreement, or if the User has committed any behavior that is inappropriate according the intentions of this agreement. This Company bears absolutely no responsibility to said User or 3rd party regarding the suspension of Services.
[9] Regarding intellectual property rights
All rights relating to This Site belong to This Company. This Company’s brand, logo, featured information, and site design are all protected by international copyright laws and other laws.
[10] Regarding means of notification
Unless where special rules apply, all notifications from This Company to Users will be conducted via e-mail. This Company’s e-mail address is <
This email address is being protected from spambots. You need JavaScript enabled to view it.
>. Also, we will use the User’s e-mail address provided to us at time of Member Registration. After This Company sends an e-mail, the notification will be considered complete 24 hours later. In cases when the User cannot be notified via e-mail, a notification will be sent via post to the address provided at time of Member Registration. In that case, 3 days after the notification was sent (regardless of whether the recipient was able to receive it or not), the notification will be considered complete.
[11] Regarding violations of the terms and conditions of use
In the following instances, after having previously warned the User in question, This Company can suspend or revoke said User’s member privileges. In addition, all of said User’s featured information on This Site (product information as well as any other featured information) can be deleted.
1. cases in which this agreement has been violated
2. cases in which This Company has determined that said User’s featured information is false
3. cases in which This Company has determined that, through said User’s behavior, the User himself/herself, another User, a 3rd party offering services via This Site’s Services, or any other 3rd parties may possibly be held legally responsible
[12] Other
1. This agreement establishes consent between the User and This Company regarding use of This Site and Services offered on This Site by This Company. This agreement retains effect over any other previous agreements and replaces any previously made documents between the User and This Company regarding the use of This Site. Additionally, the titles of the articles, as things added for the convenience of browsing, are not limitations to the interpretations of their contents.
2. The interpretation of this agreement has been conducted in accordance with Japanese law.
3. This Company, without the consent of the User, can transfer the position of this agreement to a 3rd party.
4. All disputes arising in connection with this contract shall be submitted to the exclusive jurisdiction of the Saitama District Court or the Saitama Summary Court in the first instance.
[Special agreement 1] Regarding the joint business ordering system
1. Regarding This Company’s utilization of an ASP-type ordering system.
The Suppliers that use the “JapaPro-TOMS” ordering system offered by This Company are expected to conform to the standards of this agreement as well as the ASP use agreement.
2. Regarding the ordering system used by our partner Suppliers
Each Supplier, whether using the ordering system built by This Company or having their own ordering system, must comply with this agreement and the terms of use on his/her own side. However in the case that there is a divergence from the contents of this agreement, or a contrary interpretation thereof, This Company holds the right to make judgments on the interpretation and application of the contents.
[Special agreement 2]
1. Regarding application for This Company’s chargeable Services
(1). Each Supplier, by their own, separate choice, can apply for any optional Service such as the chargeable translation Service, etc.
(2). The terms and conditions (contents, fees, etc.) of each optional service are separately regulated by This Company. Application is contingent upon Suppliers complying with this agreement and agreeing to those regulations.
(3). Regarding the writing of product information as well as the translation Service, This Company will make absolutely sure that the information is correct. However we absolutely do not guarantee that it will match the subjective opinions of the User or related persons. Also, due to the fact that there may be inaccurate parts of the translation, we do not guarantee the economy, accuracy, or safety of the translation contents.
(4). This Company also bears no responsibility whatsoever for any losses or damages that the User or any 3rd party may incur arising from discrepancies in results, presentations, or meanings associated with the use of This Company’s chargeable Services.
(5). Once This Company receives from the Supplier acceptance of the fees for chargeable Services, no refunds will be given for any reason whatsoever.
2. Regarding Services offered by our joint business partners
The joint business optional Service is a Service that is available to those Suppliers who have applied for it and introduces them to This Company’s joint business partners. Therefore when applying for the joint business optional Service, the Supplier must understand in advance that with the offering of the joint business optional Service, the main purpose is for This Company to submit the Supplier’s information to our joint business partners in a necessary context.
Tohnen Kikaku Co.,Ltd
http://tohnen.com/company/
