terms of service
The terms of use (hereinafter referred to as the "Terms") for the service (hereinafter referred to as the "Service") on the website "yoshiokubo" operated by groundfloor Inc. (hereinafter referred to as the "Company") are set forth as follows. Please read these Terms carefully before using the Service.
Chapter 1 General Provisions
Article 1 Scope and Changes of the Terms
These Terms and Conditions set out the terms and conditions for the use of this service that are common to all websites operated by our company, including the "yoshiokubo" website.
2. These Terms and Conditions apply to all Users (defined in Article 3) regarding the use of the Service. Users may not use the Service unless they agree to these Terms and Conditions.
3. The Company may change all or part of these Terms and Conditions at its discretion without obtaining the User's prior consent by notifying or informing the User by a method that the Company deems appropriate, such as by posting on the Site or by email.
4. If these Terms and Conditions are changed in whole or in part, the changed Terms and Conditions shall apply to the use of the Service, and Users shall comply only with the changed Terms and Conditions.
Article 2 Use of the Service
Users shall use the Service in accordance with laws, regulations, notices, these Terms and Conditions, the Privacy Policy, HELP, etc. separately established by the Company.
Chapter 2 Users
Article 3 Definition of User
In these Terms and Conditions, "User" refers collectively to any person who searches, views, or uses the images, text, designs, logos, videos, programs, ideas, information, etc. (collectively referred to as "Content") provided by our company through this service, after fully understanding and approving the contents of these Terms and Conditions.
Chapter 3 Membership
Article 4 Membership
In these Terms and Conditions, "member" refers collectively to a user who has fully understood and accepted the contents of these Terms and Conditions, applied for membership registration in accordance with the procedures prescribed by our company, and has been approved by our company.
Article 5 Membership Registration
1. Anyone wishing to register as a member must apply for membership on the member registration page of the Service in accordance with the procedures specified by the Company.
2. If the Company approves an application from an applicant for membership registration, the Company will send a registration confirmation email, and upon receipt of the email, the applicant will be registered as a member. However, the Company will not approve the registration if any of the following applies:
(1) If it is discovered that a person wishing to register as a member has previously been subject to cancellation of membership or other disposition due to a violation of the terms and conditions of any service provided by our company (including, but not limited to, these Terms and Conditions).
(2) If it is discovered that the application details of the person wishing to register as a member contain false information.
(3) If it is discovered that the person wishing to register as a member has previously, without justifiable reason, delayed payment of fees or other obligations, been unable to receive products or other items for a long period of time, refused to return or exchange products, failed to respond to communications for a long period of time, or otherwise defaulted on obligations in relation to any of the services provided by our company.
(4) If it is discovered that you have engaged in any of the acts set out in Article 18 (Prohibited Acts) of these Terms of Use in the past.
(5) If the person wishing to register as a member is a minor and has not obtained consent from a legal representative such as a parent or guardian.
(6) If the Company reasonably determines that approving the registration is inappropriate for the operation and management of the Service.
Article 6 Changes to registered information
1. Members must provide true and accurate information to the Company when registering, and if any changes occur in whole or in part to the matters registered with the Company, the Member must promptly change the registered details in a manner separately designated by the Company. The Company shall not be liable for any damages incurred as a result of a Member's failure to make timely changes to their registration.
Article 7 Suspension of Use of the Service and Cancellation of Membership Registration
If a member falls under any of the following items, our company may, without prior notice, suspend the member's use of the Service, cancel the member's registration, or take any other measures that our company deems appropriate. Furthermore, our company shall not be liable for any disadvantage or damage incurred by the member as a result of measures taken by our company pursuant to this article.
(1) If it is discovered that a Member has previously been subject to cancellation of membership registration or other penalties due to a violation of the terms and conditions of any service provided by the Company.
(2) If it is discovered that the registered information contains false information.
(3) If it is discovered that, in the past, a Customer has, without justifiable reason, delayed payment of fees or other obligations, been unable to receive products or other items for a long period of time, refused to return or exchange products, failed to respond to communications for a long period of time, or otherwise defaulted on obligations with respect to any services provided by the Company.
(4) If it is discovered that you have engaged in any of the acts set out in Article 18 (Prohibited Acts) of these Terms of Use in the past.
(5) When a member dies or is subject to a judgment for the commencement of guardianship, curatorship, or assistance.
(6) If the Company determines that you are a member of an antisocial force, etc., or that you have any interaction or involvement with an antisocial force, etc., such as by cooperating or being involved in the maintenance, operation or management of an antisocial force, etc., through funding or other means.
(7) When the Company determines that it is necessary for the operation and maintenance of the Service.
(8) If you violate any other provisions of the terms and conditions established by our company (including, but not limited to, these Terms and Conditions).
Article 8 Withdrawal Procedures
Members may cancel their membership at any time by following the procedures specified by the Company. Members will lose their membership status at the time the Company receives their cancellation request.
Article 9 Management of User ID and Password
1. Each member shall have one user ID.
2. Members shall be responsible for strictly managing and storing the user ID and password they set when registering as a member.
3. Members shall not allow a third party to use, transfer, buy, sell, inherit, lend, disclose or leak their user ID and password unless they have obtained the prior consent of the Company.
4. If a Member finds that his/her user ID or password has been used fraudulently by a third party, he/she shall immediately contact the Company.
5. Members shall be responsible for any damages arising from insufficient management of their user ID or password, errors or omissions in use, unauthorized use by third parties, etc., and the Company shall not bear any responsibility whatsoever.
6. If a Member forgets his/her user ID or password, he/she shall notify the Company and follow the instructions of the Company. Furthermore, any use of the Service using the User ID and corresponding password shall be deemed to have been made by the Member himself/herself.
Article 10 Use of Personal Information
Any personal information of members that we learn in connection with the use of this service will be handled in accordance with our separate "Privacy Policy."
Chapter 4. Purchasing Products
Article 11 Purchase of Products
1. Members can use this service to purchase products, etc. from our company.
2. If a Member wishes to purchase Products, etc., he/she shall apply for the purchase or use of the Products, etc. in accordance with the method separately specified by the Company.
3. In accordance with the application in the preceding paragraph, the member will confirm the delivery address and order details etc. that they have entered and registered, and then click the button to place the order. Once the member receives an email from our company confirming the order details, a sales contract for the relevant products etc. will be established between the member and our company.
4. Notwithstanding the provisions of the preceding paragraph, if any fraudulent or inappropriate conduct is found in connection with the use of the Service, the Company may cancel or terminate the sales contract or take other appropriate measures.
Article 12 Payment Method
1. The payment amount for the product, etc. will be the total of the purchase price of the product, etc., including consumption tax, and any related handling fees.
2. Payment for products purchased through this service shall be limited to payment by credit card in the member's name or a payment method separately approved by our company.
3. If payment is made by credit card, the member shall comply with the terms of a separate agreement between the member and the credit card company. If any dispute arises between the member and the credit card company in relation to the use of the credit card, the member and the credit card company shall be responsible for resolving the dispute.
Article 13 Return, exchange, order withdrawal and cancellation of products
1. Members may return purchased products within seven days of the arrival date of the product purchased through this service, except in cases where the delivery was delayed due to the member's circumstances. However, returns are not permitted in the following cases:
(1) Products that have been received more than 8 days ago. (2) Products that have the "Not eligible for return" statement on the sales page. (3) Pre-order items, sale items, lucky bags, hygiene items such as underwear, swimwear, cosmetics, etc. (4) Products that have been used, shortened, altered, washed, or dry-cleaned. (5) If the delivery note has been lost. (6) If the product tag, label, or accessories have been lost. (7) If the condition of the product (including but not limited to the box and product accessories) at the time of return is damaged, soiled, or missing compared to when it was delivered. (8) If the packaging has been opened for products where the packaging is part of the product. (9) If the product has acquired an odor, become dirty, or has become scratched while in the customer's possession.
2. Members shall apply for returns as set forth in the preceding paragraph in accordance with the procedures separately stipulated by our company, and we will either refund the retail price at the time of purchase, shipping fees, and cash-on-delivery fees, or exchange the product for a substitute. Please note that even if you request an exchange for a substitute product, it may not be possible due to reasons such as product shortages. Furthermore, the member shall bear the cost of return shipping. However, if the return of the product is due to our fault, such as the product being defective or different from the product ordered, we will bear the return shipping costs.
3. From the time the product has been shipped until it arrives, you will not be able to withdraw or cancel your order for a product, except in cases where there is a reason attributable to our company (regarding returns of products after they have arrived, the provisions of paragraph 1 of this Article will apply).
Article 14 Disclaimer regarding Products, etc.
1. Except as provided in the preceding article, the Company shall not guarantee or assume any responsibility for the quality, materials, functions, performance, compatibility with other products, or other defects of the Service or the products sold through the Service, or for any damage, loss, disadvantage, etc. caused thereby.
2. In the event of a problem due to an unknown delivery address, etc., the Company will fulfill its obligation to deliver the Products, etc. by contacting the contact information registered by the Member and delivering the Products, etc. to the delivery address specified at the time of purchase, and the Company will be exempt from such obligation.
Chapter 5. Use of Services
Article 15 Services Provided
We provide the following services as part of our Services:
1. Members' use of the Members Page (defined in Article 16)
2. Viewing links from the Service
Article 16 Use of Members Page
Members can use the member's page designated by our company. After logging in, members can view each function on the member's page and input, change, update, delete, etc. information for each function.
Article 17 Disclaimer
1. In the event that the Service provides links to other websites or resources, or links from third-party websites or resources to the Service, the Company shall not guarantee or assume any responsibility for the content, use, or results of such linked websites (including, but not limited to, legality, validity, accuracy, reliability, safety, currency, and completeness). Furthermore, if the Company reasonably determines that the content of the linked website or resource is illegal or inappropriate for the management and operation of the Service, the Company may remove such linked website without any notice to the Member.
2. If there is a transaction with an advertiser that advertises (including, but not limited to, prize advertisements) or promotes something within the Service (including, but not limited to, participation in promotions such as prize contests), the user will enter into the transaction with the advertiser at their own discretion and responsibility, and the Company shall not be held responsible in any way for such transaction. The Company does not guarantee the content or conditions of the transaction, such as payment for goods, etc., determination of contract terms, guarantees, warranties, or the existence or non-existence of licenses, and the Company shall not be liable in any way for any damages to the member arising from a transaction carried out through advertisements or promotions posted within the Service.
3. Even if the Service is temporarily suspended, discontinued or changed in the following cases, the Company shall not be liable for any damage, loss, disadvantage, etc. suffered directly or indirectly by a Member.
(1) In the event of a natural disaster such as a fire, earthquake, flood, lightning strike, or heavy snow.
(2) In the event of war, civil unrest, terrorism, riots, disturbances, or other social unrest.
(3) If you are unable to receive appropriate service from the telephone company, shipping company, or provider with which we have a contract.
(4) When a technical issue arises that our company is unable to address.
4. By processing business in accordance with the member's registration details, our company will fulfill its obligations and be discharged from liability.
5. If a member causes any damage to other users or third parties by using the Service, the member shall resolve the matter at his/her own responsibility and expense and shall not cause any damage, loss, disadvantage, etc. to the Company.
Article 18 Prohibited matters
Users are prohibited from engaging in any of the following acts. In the event that a violation of this rule causes damage to our company or a third party, the user in question shall be liable for all compensation for such damage (including reasonable attorney's fees).
1. Any act that causes inconvenience, disadvantage or damage to other users, third parties other than other users, or our company, or any act that could result in any of these.
2. Any act that infringes or may infringe the intellectual property rights, such as copyrights, portrait rights, personal rights, privacy rights, publicity rights, or other rights of other users, third parties other than other users, or our company.
3. Using the Service for commercial purposes (excluding those approved in advance by the Company)
4. Any act that is contrary to public order or good morals or conduct that violates other laws and regulations, or any act that may be likely to do so.
5. Registering information that contains false or misleading content
6. Any act by a user using content obtained through the Service for purposes other than personal use
7. Reproducing, selling, publishing, distributing, making public, or engaging in any similar activity, any content obtained through the Service via other users or third parties other than other users.
8. 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 by email or other means computer viruses, computer code, files, programs, or other content that is designed to interfere with, destroy, or limit the functionality of computer software, hardware, or communication equipment
10. Any act that violates or encourages any law, court judgment, decision or order, or legally binding administrative measure
11. Providing benefits to anti-social forces, etc.
12. Any act that violates the purpose of these Terms and Conditions and the Service.
13. Any other conduct that the Company reasonably deems inappropriate, such as damaging or damaging the Company's credibility.
Article 19 Intellectual Property Rights
1. All intellectual property rights of the content provided through this service shall belong exclusively to our company.
2. Regardless of the purpose, if any act prohibited by domestic or foreign copyright laws and other laws and regulations, such as unauthorized duplication, reprinting, or other unauthorized secondary use of our content, is discovered, our company will immediately take legal action.
3. If any dispute arises between a member and a third party due to violation of the provisions of this Article, the member shall resolve the dispute at his/her own responsibility and expense and shall not cause any damage, loss, disadvantage, etc. to the Company.
Chapter 6 Service Operation
Article 20 Management of Information
1. We will collect the following information regarding users' access history in order to investigate their access history and usage status, or to improve our services to users.
(1) Information about the IP address or mobile device identification number when the user accesses the server of this service
(2) User access information acquired by the Company through cookie technology (a technology that temporarily writes data to a user's computer via a web browser to record and save the date and time the user last visited the site, the number of visits to the site, etc.)
2. The User acknowledges in advance that if the User sets their web browser to reject cookies, their use of the Service may be restricted.
Article 21 Maintenance of the Service
In order to maintain the good operating condition of the Service, the Company may temporarily suspend or discontinue the provision of all or part of the Service without prior notice to the User in any of the following cases. The Company shall not be liable for any disadvantage or damage incurred by the Member as a result of measures taken by the Company pursuant to this Article.
1. In the case of regular maintenance and emergency maintenance of the computer system used to provide the Service (hereinafter referred to as the "System").
2. When system operation becomes difficult due to natural disasters such as fire, earthquake, flood, lightning, heavy snow, etc.
3. When system operation becomes difficult due to social unrest such as war, civil unrest, terrorism, riots, or disturbances.
4. When system operation becomes difficult due to system malfunction, unauthorized access by a third party, computer virus infection, etc.
5. When requested by an administrative or judicial body based on reasonable grounds
6. Any other case where the Company determines that it is necessary to suspend or discontinue the system due to unavoidable circumstances.
Article 22 Prohibition of Transfer of Rights and Obligations
Members may not transfer, inherit, pledge or otherwise dispose of their rights or obligations under these Terms and Conditions to a third party, or their status under these Terms and Conditions, without the prior written consent of the Company.
Article 23 Handling in the event of business transfer, etc.
If the Company transfers or otherwise transfers the Service or the business related to the Service to a third party, the Company may, in connection with such business transfer or otherwise transfer to the transferee or other party the status, rights and obligations under these Terms and Conditions, as well as the registered information of Members, and Members shall be deemed to have consented to such transfer or otherwise in advance under this Article.
Article 24 Governing Law and Jurisdiction <br>All disputes relating to the Service and these Terms and Conditions shall be governed by the laws of Japan, and the Tokyo District Court shall be the exclusive court of first instance.
Article 25 Other
1. If any problem arises in relation to the use of the Service that cannot be resolved by these Terms and Conditions or the guidance and response of the Company, the Company and the User shall negotiate in good faith to resolve the problem.
Supplementary Provision: These terms and conditions will apply to all users from April 1, 2019.
For all inquiries regarding these Terms and Conditions and the Service, please contact the following:
groundfloor Inc.
Tel: 03-3794-4037
Email: info@ykgf.jp
Reception hours: Weekdays 10:00-18:00
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