Terms of Service
These Terms of Service (hereinafter referred to as the "Terms") define the terms and conditions for the use of the services (hereinafter referred to as the "Service") provided on the website "muller of yoshiokubo" operated by groundfloor Co., Ltd. (hereinafter referred to as the "Company"). Please read these Terms carefully before using the Service.
Chapter 1: General Provisions
Article 1: Scope and Modification of Terms
These Terms set forth the rules common to the use of the Service on the website "muller of yoshiokubo" operated by the Company.
2. These Terms shall apply to all Users (as defined in Article 3) regarding the use of the Service. Users may not use the Service unless they agree to these Terms.
3. The Company may, at its discretion, change all or part of these Terms at any time by notifying or informing Users of such changes through posting on the site or any other method the Company deems appropriate, without obtaining prior consent from the Users.
4. If all or part of these Terms are changed, the modified Terms shall apply to the use of the Service, and Users shall be bound only by the modified Terms.
Article 2: Use of the Service
Users shall use the Service in accordance with laws, regulations, notifications, these Terms, and the Privacy Policy, HELP, and other rules separately established by the Company.
Chapter 2: Users
Article 3: Definition of User
In these Terms, "User" refers to any person who, after understanding and accepting all the contents of these Terms, searches, browses, or uses the images, text, designs, logos, videos, programs, ideas, information, etc. (collectively referred to as "Content") provided by the Company through the Service.
Chapter 3: Members
Article 4: Member
In these Terms, "Member" refers to a User who, after understanding and accepting all the contents of these Terms, has applied for member registration according to the procedures specified by the Company and whose application has been approved by the Company.
Article 5: Member Registration
1. An applicant for member registration shall apply for registration according to the procedures specified by the Company on the Service's member registration page.
2. The Company shall, upon approving an application from an applicant for member registration, send a registration confirmation email, and the applicant shall be registered as a Member once said email is received. However, the Company shall not approve such registration if the applicant falls under any of the following items:
(1) If it is discovered that the applicant has previously had their membership revoked or has been subjected to similar disciplinary action due to a violation of terms and conditions related to any service provided by the Company (including, but not limited to, these Terms).
(2) If it is discovered that the applicant's registration details contain false information.
(3) If it is discovered that the applicant has previously failed to perform their payment obligations for fees, etc., without justifiable reason, or has had a history of being unable to receive products, etc., for a long period, refusing returns/exchanges, failing to respond for a long period, or other defaults regarding any service provided by the Company.
(4) If it is discovered that the applicant has previously engaged in prohibited activities under Article 18 (Prohibited Matters) of these Terms.
(5) If the applicant is a minor and has not obtained the consent of a legal representative such as a person with parental authority.
(6) If the Company reasonably determines that approving the registration is inappropriate for the operation or management of the Service.
Article 6: Changes to Registration Details
1. Members must provide true and accurate information to the Company upon registration and shall promptly update their registration details via the method separately specified by the Company should any changes occur to all or part of the registered information. The Company shall not be held liable for any damages arising from a Member's failure to update their registration details accordingly.
Article 7: Suspension of Service Use and Cancellation of Membership
The Company may, without prior notice, suspend the use of the Service by a Member, cancel their membership, or take other measures deemed appropriate by the Company if the Member falls under any of the following items. Furthermore, the Company shall not be held liable for any disadvantage or damage incurred by the Member due to actions taken by the Company based on this Article.
(1) If it is discovered that the Member has previously had their membership revoked or has been subjected to similar disciplinary action due to a violation of terms and conditions related to any service provided by the Company.
(2) If it is discovered that the registered information contains false details.
(3) If it is discovered that the Member has previously failed to perform their payment obligations for fees, etc., without justifiable reason, or has had a history of being unable to receive products, etc., for a long period, refusing returns/exchanges, failing to respond for a long period, or other defaults regarding any service provided by the Company.
(4) If it is discovered that the Member has previously engaged in prohibited activities under Article 18 (Prohibited Matters) of these Terms.
(5) If the Member passes away or is placed under guardianship, curatorship, or assistance.
(6) If the Company determines that the Member is an antisocial force, or is cooperating or involved in the maintenance, operation, or management of antisocial forces through funding or other means, or is otherwise interacting or involved with antisocial forces.
(7) If the Company determines that it is necessary for the operation or maintenance of the Service.
(8) If the Member violates any other rules established by the Company (including, but not limited to, these Terms).
Article 8: Withdrawal Procedure
Members may withdraw from membership at any time after following the procedures specified by the Company. A Member shall lose their membership status at the time the Company receives the withdrawal application from the Member.
Article 9: Management of User ID and Password
1. Each Member shall possess one User ID.
2. Members shall be responsible for strictly managing and safeguarding the User ID and password they set upon registration.
3. Unless otherwise agreed upon by the Company in advance, Members shall not allow third parties to use their User ID and password, nor shall they assign, sell, inherit, lend, disclose, or leak them.
4. Members shall immediately notify the Company if they discover that their User ID or password has been used by a third party without authorization.
5. Members shall bear responsibility for any damages resulting from insufficient management, misuse, or unauthorized use of their User ID or password by third parties, and the Company shall bear no responsibility whatsoever.
6. If a Member forgets their User ID or password, they shall notify the Company and follow the Company's instructions. Furthermore, any use of the Service performed via the User ID and corresponding password shall be deemed as use by the Member themselves.
Article 10: Use of Personal Information
The Company shall handle the personal information of Members acquired in connection with the use of the Service in accordance with the "Privacy Policy" separately established by the Company.
Chapter 4: Purchase of Products
Article 11: Purchase of Products
1. Members may purchase products, etc., from the Company using the Service.
2. When a Member wishes to purchase products, etc., they shall apply for the purchase or use of the products according to the method separately specified by the Company.
3. Upon the application mentioned in the preceding paragraph, a sales contract for said products shall be formed between the Member and the Company at the point when the Member clicks the button to place an order after confirming the delivery address, order details, etc., that they have entered/registered, and subsequently receives an email from the Company confirming the order details.
4. Notwithstanding the provisions of the preceding paragraph, if there is any illegal or inappropriate behavior regarding the use of the Service, the Company may cancel or terminate the sales contract or take other appropriate measures.
Article 12: Payment Methods
1. The payment amount for products, etc., shall be the sum of the purchase price of the products including consumption tax and the associated handling fees.
2. Payment for products, etc., purchased through the Service shall be limited to payment via a credit card in the Member's own name or other payment methods separately approved by the Company.
3. In the case of payment by credit card, the Member shall comply with the conditions separately contracted between the Member and the credit card company. Should any dispute arise between the Member and the credit card company in connection with the use of the credit card, the Member shall resolve the dispute at their own responsibility.
Article 13: Returns, Exchanges, Withdrawal and Cancellation of Product Orders
1. Members may return products purchased through the Service only within 7 days from the date of arrival, except in cases where delivery is delayed due to the Member's own circumstances. However, returns are not accepted in the following cases:
(1) Products for which 8 or more days have passed since arrival.
(2) Products indicated as "non-returnable" on the sales page.
(3) Reserved items, SALE items, lucky bags (fukubukuro), underwear, swimwear, or hygiene products such as cosmetics.
(4) Products that have been used, hemmed, altered, washed, or dry-cleaned.
(5) If the delivery note is lost.
(6) If product tags, labels, or accessories are lost.
(7) If the condition of the returned product (including, but not limited to, boxes and accessories) is damaged, soiled, or missing compared to its state at the time of delivery.
(8) In cases where the packaging is part of the product and it has been opened.
(9) If odors, stains, or scratches have been attached to the product while in the customer's possession.
2. Members shall apply for returns as defined in the preceding paragraph according to the procedures separately stipulated by the Company, and the Company will either refund the sales price, shipping fees, and cash-on-delivery fees paid at the time of purchase or exchange the product for a substitute. Please note that even if an exchange for a substitute is requested, it may not be possible due to reasons such as stock shortages. Additionally, the Member shall bear the costs of returning the product. However, if the return is due to the Company's responsibility, such as defective products or products different from those ordered, the Company shall bear the return shipping costs.
3. From the time the product is processed for shipment until it arrives, orders cannot be withdrawn or cancelled except for reasons attributable to the Company (returns after product arrival shall be governed by the provisions of Paragraph 1 of this Article).
Article 14: Disclaimer Regarding Products, etc.
1. The Company assumes no warranty or liability regarding the quality, material, function, performance, compatibility with other products, or other defects of the Service and the products sold through the Service, and for any damages, losses, or disadvantages resulting therefrom, except as provided in the preceding Article.
2. Regarding troubles due to unknown delivery destinations, etc., the Company shall be deemed to have fulfilled its delivery obligation and be exempted from said obligation by contacting the contact information registered by the Member and shipping the products to the delivery address specified at the time of purchase.
Chapter 5: Use of the Service
Article 15: Services Provided
The Company provides the following services as part of the Service:
1. Allowing Members to use the Members' Page (defined in Article 16).
2. Browsing destination links from the Service.
Article 16: Use of Members' Page
Members may use the Members' Page specified by the Company. Members can view various functions and input, change, update, or delete information related to each function on the Members' Page after logging in.
Article 17: Disclaimers
1. If links are provided from the Service to other websites or resources, or from third-party websites or resources to the Service, the Company assumes no warranty or responsibility for the content, use, or results of such linked sites (including, but not limited to, legality, validity, accuracy, reliability, safety, recency, and completeness). Furthermore, if the Company reasonably determines that the content of a linked website or resource is illegal or inappropriate for the management and operation of the Service, the Company may delete such links without any notice to the Member.
2. If there are transactions (including, but not limited to, participation in promotions such as sweepstakes) with advertisers who advertise or promote within the Service, the User shall conduct transactions with such advertisers at their own judgment and responsibility, and the Company assumes no responsibility whatsoever. The Company does not guarantee the contents or conditions of transactions, such as payment for products, determination of contract terms, warranties, liability for defects, or the existence of licenses, and the Company assumes no responsibility for any damages incurred by Members arising from transactions conducted via advertisements or promotions posted within the Service.
3. The Company shall not be held liable for any damages, losses, or disadvantages directly or indirectly suffered by Members even if the Service is temporarily stopped, suspended, or changed in the following cases:
(1) Natural disasters such as fire, earthquake, flood, lightning, or heavy snow.
(2) Social unrest such as war, civil war, terrorism, riot, or disturbance.
(3) Failure to receive appropriate services from the telephone company, transport company, or provider contracted by the Company.
(4) Occurrence of circumstances technically beyond the Company's control.
4. The Company shall be deemed to have fulfilled its obligations and be exempted therefrom by processing administrative tasks in accordance with the Member's registered details.
5. If a Member causes any damage to other Users or third parties by using the Service, the Member shall resolve the matter at their own responsibility and expense, and shall not cause any damage, loss, or disadvantage to the Company.
Article 18: Prohibited Matters
Users must not engage in any of the following acts. In the event that a User violates this and causes damage to the Company or a third party, said User shall be responsible for compensating for all such damages (including reasonable attorney's fees).
1. Acts that cause nuisance, disadvantage, or damage to other Users, third parties other than other Users, or the Company, or acts that may lead to such results.
2. Acts that infringe, or may infringe, the copyrights and other intellectual property rights, portrait rights, personality rights, privacy rights, publicity rights, or other rights of other Users, third parties other than other Users, or the Company.
3. Acts of using the Service for commercial purposes (except as approved in advance by the Company).
4. Acts that violate public order and morals, or other illegal acts, or acts that may lead to such results.
5. Acts of registering information that contains false or misleading content.
6. Acts of using Content obtained through the Service outside the scope of private use.
7. Acts of duplicating, selling, publishing, distributing, disclosing, or similar acts involving Content obtained through the Service, via other Users or third parties.
8. Acts of collecting, accumulating, or storing personal information of other Users.
9. Any act that interferes with the provision of the Service, such as uploading to the Service or sending via email, etc., computer viruses, computer codes, files, programs, etc., designed to interfere with, destroy, or limit the functions of computer software, hardware, or communication equipment.
10. Acts that violate laws, court judgments, decisions, or orders, or administrative measures with legal binding force, or acts that encourage such violations.
11. Acts of providing benefits to antisocial forces.
12. Acts that violate the purpose and intent of these Terms and the Service.
13. Other acts that the Company reasonably deems inappropriate, such as damaging or disparaging the Company's reputation.
Article 19: Intellectual Property Rights
1. All intellectual property rights in the Content provided through the Service shall belong exclusively to the Company.
2. Regardless of the purpose, if acts prohibited by domestic and foreign copyright laws and other regulations, such as unauthorized reproduction, unauthorized reprinting, or other unauthorized secondary use of the Company's Content, are discovered, the Company will immediately take legal action.
3. If any dispute arises with a third party due to a violation of the provisions of this Article, the Member shall resolve such dispute at their own responsibility and expense, and shall not cause any damage, loss, or disadvantage to the Company.
Chapter 6: Operation of the Service
Article 20: Information Management
1. The Company shall collect the following information regarding the User's access history for the purpose of investigating access history and usage status or for improving services for Users.
(1) Information regarding the IP address or device identification number of the mobile terminal when the User accesses the Service's server.
(2) Access information of the User obtained by the Company through cookie technology (a technology that records and stores the date and time of the user's last visit to the site, the number of visits, etc., by temporarily writing data to the user's computer through a web browser).
2. Users acknowledge in advance that the use of the Service may be restricted if they configure their web browser to reject cookies.
Article 21: Maintenance of the Service
To maintain the Service in good operating condition, the Company may temporarily suspend or discontinue all or part of the provision of the Service without prior notice to Users in any of the following cases. Furthermore, the Company shall not be held liable for any disadvantage or damage incurred by Members due to actions taken by the Company based on this Article.
1. Regular or emergency maintenance of the computer system for providing the Service (hereinafter referred to as the "System").
2. When system operation becomes difficult due to natural disasters such as fire, earthquake, flood, lightning, or heavy snow.
3. When system operation becomes difficult due to social unrest such as war, civil war, terrorism, riot, or disturbance.
4. When system operation becomes difficult due to system failures, unauthorized access from third parties, or computer virus infection.
5. When requested by administrative or judicial authorities based on appropriate grounds.
6. In other cases where the Company determines that it is unavoidable to stop or suspend the system.
Article 22: Prohibition of Assignment of Rights and Obligations
Members may not assign, inherit, pledge, or otherwise dispose of their rights or obligations based on these Terms, or their status under these Terms, to any third party without the prior written consent of the Company.
Article 23: Handling in Case of Business Transfer, etc.
If the Company transfers or otherwise conveys the Service or the business related to the Service to a third party, the Company may transfer its status under these Terms, rights and obligations, and Member registration information, etc., to the assignee of said business transfer, and Members shall be deemed to have consented to such transfer in advance under this Article.
Article 24: Governing Law and Agreed Jurisdiction
All disputes regarding the Service and these Terms shall be governed by Japanese law, and the Tokyo District Court shall be the exclusive agreed court of first instance.
Article 24: Governing Law and Agreed Jurisdiction
All disputes regarding the Service and these Terms shall be governed by Japanese law, and the Tokyo District Court shall be the exclusive agreed court of first instance.
Article 25: Other
1. In the event that a problem arises regarding the use of the Service that cannot be resolved through these Terms or the Company's guidance/response, the Company and the User shall resolve the matter through mutual good-faith discussion.
Supplementary Provision: These Terms shall apply to all Users effective April 1, 2019.
For all inquiries regarding these Terms and the Service, please contact the following:
groundfloor Co., Ltd.
Tel:03-3794-4037
Email:info@ykgf.jp
Reception hours: Weekdays 10:00 - 18:00
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