Terms of service
This Terms of Use (hereinafter referred to as the "Agreement") defines the terms of use of the online shop (hereinafter referred to as the "Service") provided by “Tokio y tú” (hereinafter referred to as the "Company") on this website. It is required of registered users (hereinafter referred to as "User") to utilize the service in accordance with the Terms of Use.
Article 1 (Application)
- This agreement shall apply to all relationships related to the use of this service between the user and company.
- The Company may specify additional terms and conditions pertaining to the use of the service in addition to the agreement (hereinafter referred to as "Individual Regulations"). Regardless of their name, these individual regulations shall constitute a part of these agreement.
- Unless specifically stated in the individual regulations, the individual regulations shall control in the event that the regulations of these agreements and the regulations of the previous paragraph are in conflict.
Article 2 (User Registration)
- In the Service, the Applicant agrees to the agreements and applies for registration in accordance with the Company's regulations. The Company notifies the applicant of the approval for the registration to complete the registration.
- If the Company determines that the applicant has any of the following reasons, the Company may not approve the application for registration of use and shall not be obligated to disclose the reasons for such denial.
- Whenever misleading information is disclosed when requesting user registration
- If the application is from a person who has violated these agreements
- Other cases in which the Company deems the registration of use to be inappropriate
Article 3 (User ID and Password Management)
- The User shall manage the user ID and password for the Service at the User's own responsibility.
- The User may not, under any circumstances, transfer or lend his/her user ID and password to a third party, or share them with a third party. If the combination of user ID and password matches the registration information during logged in, the Company will consider it to be used by the user who registered that user ID.
- Except in instances of willful or gross negligence on the part of the Company, the Company shall not be liable for any harm brought about by the use of the user ID and password by a third party.
Article 4 (Sales Contract)
- In this service, a sales contract shall be concluded when the user submits a purchase application to the Company and the Company notifies of its acceptance of the application. Ownership of the product shall be transferred to the user when the Company delivers the product to the delivery company.
- If the user falls under any of the following reasons, the Company may cancel the sales contract set forth in the preceding paragraph without notifying the user in advance.
- If the User violates these agreements
- If a product delivery is delayed because of an unclear delivery address or a protracted absence
- In any other situations in which the Company believes that the trusting relationship between the Company and the User has been harmed
- The Company will decide independently on the payment method, delivery method, cancellation of purchase orders, product return policy, etc. relating to the Service.
Article 5 (Intellectual Property Rights)
Copyrights or other intellectual property rights to product photos and other content (hereinafter referred to as "Content") provided by the Service belong to the Company, Content providers, and other legitimate right holders, and users may not reproduce, reprint, modify, or make any other secondary use of the Content without permission.
Article 6 (Prohibited Matters)
The User shall not do any of the following when using the Service.
- Acts that violate laws, regulations, or public order and morals
- Acts related to criminal activity
- Infringement of copyrights, trademarks, or other intellectual property rights contained in the Service
- Acts of destroying or interfering with the functions of Company server or network
- Commercial use of information obtained through the Service
- Any act that may interfere with the operation of Company services
- Unauthorized access or attempts to gain unauthorized access
- Acts of gathering or amassing personal data about other users
- Acts of impersonating other users
- Direct or indirect actions that promote antisocial forces in regard to Company services
- Any other actions that the Company deems inappropriate
Article 7 (Suspension of Provision of the Service, etc.)
- If the Company deems that any of the following conditions exist, it may suspend or terminate the Service, in whole or in part, without providing the User with prior notice.
- When performing maintenance, inspection or updating of computer systems related to the Service
- When it becomes difficult to provide the Service due to force majeure such as an earthquake, lightning strike, fire, power outage, or natural disaster
- In case of computer or communication line outage due to accident
- In addition, when the Company determines that it is difficult to provide the Service
- The Company shall not be liable for any disadvantage or damage suffered by the user or a third party due to suspension or interruption of the provision of this Service, regardless of the reason.
Article 8 (Restriction of Use and Cancellation of Registration)
- In any of the following situations, the Company reserves the right to limit usage of the Service in its entirety or in part or to cancel a user's registration without prior notice.
- In case of violation of any provision of these agreements
- In the event that the recorded items turn out to contain a false fact
- When the credit card that the User submitted as a means of payment is suspended
- Default in payment of fees and other obligations
- When a Company's communication goes unanswered for a predetermined amount of time
- When the Service has not been used for a predetermined amount of time since the last usage
- In any other case in which the Company deems the use of the Service to be inappropriate
- The Company is not responsible for any losses the User may sustain as a result of the Company's compliance with this Article.
Article 9 (Withdrawal)
The User may withdraw from the Service through the prescribed withdrawal procedure.
Article 10 (Disclaimer and Denial of Warranty)
- The Company does not guarantee that the Service is free from factual or legal defects (This includes any defects, errors or bugs, infringements of rights, etc. with respect to safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, etc)..
- The Company shall not be held responsible (including cases where the Company or the user foresaw or could have foreseen the occurrence of damages) for any damage caused to the User by the Service. This disclaimer, however, will not be applicable if the contract (including agreements) between the Company and the user regarding the Service is a consumer agreement as that term is defined in the Consumer Contract Act. Even in that case, however, the Company will not be held responsible for any damage resulting from unique circumstances among damages the user sustains as a result of the Company's negligence (excluding gross negligence) or breach of contract.
- Any transaction, communication, or disagreement between a user and another user or a third party in connection with the Service shall not be the responsibility of the Company.
Article 11 (Change of Service Contents, etc.)
The Company shall have the right to modify the Service's content or cease offering the Service without prior notice to the User, and shall not be liable for any losses that the User may incur as a consequence.
Article 12 (Changes in Agreement)
Whenever it considers it necessary, the Company maintains the right to modify this Agreement without providing prior notice to the User. A User will be regarded to have accepted the modified Agreement if they begin using the Service after the Agreement has been modified.
Article 13 (Handling of Personal Information)
The Company will adhere to its "Privacy Policy" while handling any personal information obtained via the usage of this service.
Article 14 (Notice or Contact)
Notification or communication between a user and the Company shall be made by the method prescribed by the Company. The Company will consider the currently registered contact information to be valid and will notify or contact the contact information is assumed to have reached until the User makes a change notification using the manner specifically defined by the Company.
Article 15 (Prohibition of Transfer of Rights and Obligations)
Without the Company's prior written authorization, the User is not permitted to assign, pledge, or otherwise make a third party liable for the User's position under the use agreement or any rights or duties under this Agreement.
Article 16 (Governing Law and Jurisdiction)
- The laws of Japan shall govern this Agreement and be followed in construing it. The Service is exempt from the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
- The court with jurisdiction over the location of the Company's main office shall have exclusive jurisdiction over any dispute involving the Service.
End