Terms of Use

"WASHOKU Treasure" Terms of Use
(For Overseas Purchasers)

These Terms (hereinafter referred to as “these Terms”) are to set forth the terms and conditions of use for “WASHOKU Treasure” (hereinafter referred to as the “Service”), a service provided by the Japanese Food Supply Chain Platform Consortium (hereinafter referred to as the “Company”) and apply to all overseas purchasers who have completed their registration in accordance with the provisions in these Terms.

Section 1. (Definitions)

For the purpose of these Terms, the meanings of the terms listed in the following items shall be as defined in those items.

  • (1) Sellers
    means those food sellers in Japan who have agreed to the terms set forth separately by the Company and completed their registration as set forth in those terms.

  • (2) Overseas Purchasers
    means overseas businesses that use the Service, browse Food-Related Contents and the like provided by Sellers, and enter into a Sample Provision Contract or Sales Contract concerning the Products with Sellers.
  • (3) Food-Related Contents
    means articles introducing products sold by Sellers, which are created by Sellers using the Service, and any other contents created by Sellers and posted on the Service.
  • (4) The Products means products sold to Overseas Purchasers through the Service or samples thereof provided by Sellers, which are posted as the products on the Service in accordance with the terms set forth separately by the Company, or collectively refer to the subject matter of the Sample Provision Contract or Sales Contract.
  • (5) Free Samples
    means products among the Products that Sellers provide to Overseas Purchasers as free samples.
  • (6) Paid Samples
    means products among the Products that Sellers provide to Overseas Purchasers as paid samples.
  • (7) Products for Sale
    means products among the Products that Sellers sell to Overseas Purchasers.
  • (8) Sample Provision Contract
    means an agreement entered into between Sellers and Overseas Purchasers for the Sellers to provide Free Samples or Paid Samples to the Overseas Purchasers through the Service.
  • (9) Sales Contract
    means an agreement entered into between Sellers and Overseas Purchasers for the Sellers to sell Products for Sale to the Overseas Purchasers through the Service.
  • (10) Intellectual Property Rights
    means copyright (including the rights under Articles 27 and 28 of the Copyright Act), patent right, utility model right, trademark right, design right, and other intellectual property rights (including the right to acquire these rights or to apply for registration, etc. thereof) as well as ideas, know-how, etc.

Section 2. (Agreement to These Terms)

Overseas Purchasers shall use the Service in accordance with these Terms and may not use the Service unless they agree to these Terms. Any matters provided for in any documents, etc. distributed and delivered by the Company in relation to the Service shall constitute a part of these Terms with Overseas Purchasers.

Section 3. (Revision/Amendment of These Terms)

1. The Company may at any time implement modification of or addition to the content of these Terms (including documents, etc. that constitute part of these Terms pursuant to the preceding section; the same applies hereinafter) at the Company’s discretion. After modification, these Terms shall come into effect at the time when they are posted on the website operated by the Company (https://www.washokutreasure.com/ (where the domain or content of the website is modified for any reason whatsoever, including the domain, etc. after such modification)), unless otherwise set forth by the Company.

2. Where an Overseas Purchaser continues to use the Service after these Terms are amended, the Overseas Purchaser shall be deemed to have agreed to the amended version of these Terms. Overseas Purchasers are kindly requested to always refer to the current version of these Terms before using the Service.

Section 4. (Registration Procedures)

1. Business operators who wish to use the Service may apply for registration to use the Service by agreeing to comply with these Terms and providing the Company with information in accordance with the procedures set forth by the Company. Where such an application is made, the Company shall examine the application in accordance with the examination standards set forth separately by the Company and, in case it approves the application, give a notice thereof.

2. In the case under the preceding paragraph, the Company may from time to time request submission of documents necessary for examination. In such a case, the business operator wishing to use the Service shall promptly submit the documents. Where the said business operator does not submit the said documents, the Company may reject the registration.

3. In conducting the application prescribed in paragraph 1, Overseas Purchasers shall apply based on information in accordance with the truth, and if the information is found to be false at the time of application, the Company refuses the application. In addition, if the Company finds that the information is false after accepting, the Company will be able to cancel the registration of the appropriate overseas purchaser and take other measures that the Company deems necessary.

Section 5. (The Service Contents)

1. Upon completion of registration under the provisions of the preceding section, a contract for the Overseas Purchaser to use the Service (hereinafter referred to as the “Service Contract”) is formed between the Overseas Purchaser and the Company.

2. Pursuant to the Service Contract, the Overseas Purchaser may use the following services provided by the Company as the use of the Service:

  • (1) Service concerning the provision of information on the Products;
  • (2) Service concerning brokerage for signing the Sales Contract with Sellers (hereinafter referred to the “Brokerage Service for Sale”);
  • (3) Service concerning delivery of the Products to Sellers (hereinafter referred to as the “Delivery Service”);
  • (4) Payment agency service concerning the Sales Contract or Sample Provision Contract concerning Paid Samples with Sellers (hereinafter referred to as the “Payment Agency Service”); and
  • (5) Services associated with the preceding items.

Section 6. (Account Management)

1. Where the Service Contract with an Overseas Purchaser is established, the Company will grant to the Overseas Purchaser an account pertaining to the use of the Service.

2. Overseas Purchasers shall manage/keep their accounts on their own responsibility and shall not cause any third party to use them or lend, assign, transfer, or sell them. Where the Company confirms that an account used by a user of the Service and an account registered by the Company as an account held by an Overseas Purchaser match, it will deem that the Overseas Purchaser has used the Service.

3. For any damage due to insufficient management of accounts or use thereof by any third party, Overseas Purchasers shall assume the responsibility, and the Company will assume no responsibility.

4. Where an Overseas Purchaser finds that his/her account is stolen or used by any third party, he/she shall immediately notify the Company thereof and follow the Company’s instruction.

Section 7. (Use of External Services)

1. Overseas Purchasers may use any information registered on their accounts for external services (including but not limited to Facebook and Twitter) for the registration and authentication for the Service. In this case, the Overseas Purchasers shall agree that the Company may obtain the registered information from the external services, including any personal information.

2. In addition to what is set forth in the preceding paragraph, where an Overseas Purchaser uses any function of an external service in using the Service, the Overseas Purchaser shall follow the terms of use and other conditions set forth by the external service as well as these Terms.

3. For external services, third parties providing those external services shall assume the responsibility, and the Company will provide no guarantee for any external service.

Section 8. (Handling of Information on Overseas Purchasers)

1. The Company shall handle appropriately Overseas Purchasers’ registration information for the Service and any other information collected from Overseas Purchasers in relation to use of the Service (such information shall hereinafter be collectively referred to as “User Information”) in accordance with the Privacy Policy (https://www.washokutreasure.com/privacy-policy (where the domain, URL, or content of the website is modified for any reason whatsoever, including the domain, etc. after such modification)) and “Handling of Personal Data Subject to GDPR” set forth separately by the Company.

2. Overseas Purchasers are deemed to agree that the Company will handle User Information on Overseas Purchasers in accordance with its Privacy Policy and “Handling of Personal Data Subject to GDPR”.

3. Where an Overseas Purchaser finds that his/her User Information is not correct or in case of any change thereof, the Overseas Purchaser shall promptly revise or modify the publication of the information on the Service on his/her own responsibility. Even if the Overseas Purchaser suffers any damage because the published information is incorrect, false, or insufficient, the Company will assume no responsibility.

Section 9. (Browsing of Food-Related Contents)

1. Overseas Purchasers may, through the Service, use services such as browsing of Food-Related Contents pertaining to the Products placed for sale by Sellers.

2. Even after the Products have been placed for sale on the Service by Sellers, if the Company judges that the Products do not satisfy the conditions set forth separately by the Company, the Company may cancel the placing of sale of the Products on the Service, delete information on the Service pertaining to the Products, act as proxy to cancel the Sample Provision Contract or Sales Contract pertaining to the Products, and carry out other necessary procedures. Overseas Purchasers shall, to the extent necessary for the aforementioned procedures, grant proxy authority to the Company for canceling the Sample Provision Contract or Sales Contract pertaining to the Products.

Section 10. (Brokerage Service)

1. Overseas Purchasers may, in order to obtain Free Samples or Paid Samples from Sellers or purchase Products for Sale from Sellers, use the brokerage service provided by the Company following the method designated separately by the Company and in accordance with the provisions of the following paragraph.

2. Where an Overseas Purchaser makes an application concerning the provision of a sample product or an application for purchasing Products for Sale, the Company will notify the Seller of the submission of the application and of information pertaining to the application (containing the name of the Overseas Purchaser, name of the relevant Products, and other items specified by the Company).

3. Where the Seller receives a notification pursuant to the preceding paragraph, the Seller will check the inventory status, etc. of the products for which a request for provision or purchase has been made, and, as a result of the check, if the Products are available for provision or sale, the Seller shall notify the Company of its intention to accept the application. In response to this, the Company will notify the Overseas Purchaser of the acceptance, and it shall be deemed that the Sample Provision Contract or Sales Contract is formed between the Seller and the Overseas Purchaser at the time when the notification is sent to the Overseas Purchaser. The Sample Provision Contract and Sales Contract shall be formed only between the Seller and the Overseas Purchaser, and the Overseas Purchaser shall agree in advance that the Company will not be a party of the Sample Provision Contract and Sales Contract.

4. Where the Company finds the Products not in conformity with the standards set forth by the Company, it may act as proxy for the Overseas Purchaser to cancel the Sample Provision Contract or Sales Contract formed for the Products at its discretion, and even if such cancellation causes any damage to the Seller or Overseas Purchaser, the Company will not compensate for such damage in any case. Overseas Purchasers shall, to the extent necessary for the aforementioned procedures, grant proxy authority to the Company for canceling the Sample Provision Contract or Sales Contract pertaining to the Products.

Section 11. (Delivery of the Products)

1. Where the Sample Provision Contract or Sales Contract concerning the Products is formed, the Company will send the Products to the place designated by the Overseas Purchaser. Please note that, for costs at the time of shipment, in accordance with the conditions at the time of purchasing, Overseas Purchasers may have to bear such costs.

2. Please note that, depending on the time of formation of the Sample Provision Contract or Sales Contract, the Company may have to order the Products from the Seller, which may require additional time until they are delivered to the Overseas Purchaser.

3. Even if the Products are lost, damaged, or defaced; or in case of any error in the address designated by the Overseas Purchaser; or if the Overseas Purchaser refuses to accept the delivery at the designated address; or in case of any other trouble regarding the delivery of the Products, such trouble shall be resolved between the Seller and Overseas Purchaser, and the Company will assume no responsibility for such trouble.

Section 12. (Responsibility Related to the Sample Provision Contract or Sales Contract)

Any dispute or trouble arising between the Seller and the Overseas Purchaser or any third party regarding the Sample Provision Contract or Sales Contract (assuming but not limited to trouble regarding the delivery of the Products including those provided for in the preceding section, defect in the Products, incorrect item or quantity, difference with the description, infringement of trademark right or any other right, and non-payment for the purchase and sale transaction) shall be resolved at the cost of and on the responsibility of the Seller, Overseas Purchaser, or any third party involved in the dispute or trouble, and the Company shall assume no responsibility therefor.

Section 13. (Payment Agency Service)

1. Where the Sample Provision Contract concerning Paid Samples or the Sales Contract is formed between an Overseas Purchaser and Seller, the Company shall receive the payment for the Products pertaining to the Sample Provision Contract or Sales Contract (hereinafter referred to as the “Payment”) from the Overseas Purchaser on behalf of the Seller. Overseas Purchasers shall agree in advance that they may not make the Payment directly to the Seller. The date of payment for the Products from Overseas Purchasers to the Company shall be designated separately by the Company.

2. Where an Overseas Purchaser fails to make the Payment by the date of payment, the Seller may cancel the contract with the Overseas Purchaser pertaining to the unpaid amount of the Payment, and the Overseas Purchaser shall agree to this in advance.

Section 14. (Handling in Case of Cancellation)

After the Sample Provision Contract or Sales Contract is formed, Overseas Purchasers may not cancel the Sample Provision Contract or Sales Contract for any reason whatsoever. Therefore, the Company will not provide any refund for any reason whatsoever after the formation of the Sample Provision Contract or Sales Contract. If you wish to obtain the Products, please make an application with adequate attention.

Section 15. (Intellectual Property Rights, etc.)

1. Overseas Purchasers shall represent and warrant to the Company that they possess the legitimate right to transmit, by means of posting or any other means, the information they posted, uploaded, or stored and that the information does not infringe the rights of any third party.

2. In the Service, the copyright to the information posted, uploaded, or stored (hereinafter collectively referred to as “Posted, etc.”) by Overseas Purchasers shall be reserved by Overseas Purchasers themselves, and the Company will not obtain any copyright, provided, however, that, for the information Posted, etc. by Overseas Purchasers, they shall grant to the Company a license to freely copy, translate, adapt, or otherwise use the information in any manner with no charge and without any limit. In this case, for the Company’s use of Intellectual Property Rights, etc. pertaining to the said information, Overseas Purchasers shall not exercise the author’s moral right. This license shall remain in effect even after the Overseas Purchasers terminate their use of the Service.

3. Notwithstanding the provision in the preceding paragraph, where the Company translates the information Posted, etc. by Overseas Purchasers, the Intellectual Property Rights pertaining to the translation shall be retained by the Company, and Overseas Purchasers shall agree with no charge nor limitation that the Company will use the translation.

4. Overseas Purchasers shall back up the information they Posted, etc. on their own responsibility, and the Company shall not be obliged to back up the information.

5. Notwithstanding the provision in this section, where the Company finds that the information Posted, etc. by an Overseas Purchaser is or is likely to be in violation of laws and regulations or these Terms, it may restrict the use of the Service by deleting said information or otherwise without notifying the Overseas Purchaser in advance. Even if this causes any damage to the Overseas Purchaser, the Company will not compensate for the damage thereto.

6. The Company may freely use any and all information obtained through the use of the Service by Sellers and Overseas Purchasers, including the quantity of the Products purchased, the frequency of purchases, the country where the purchases were made, attribution of Overseas Purchasers, and attribution of the Overseas Purchasers who made purchases, with no charge and without any limit. The provision in this clause shall remain in effect even after Overseas Purchasers terminate their use of the Service.

Section 16. (Prohibited Acts)

Overseas Purchasers shall represent and warrant to the Company that they will not perform any of the acts set forth in the following (including any act provoking those acts and any preparatory act) in using the Service:

  • (1) Acts in violation of the laws and regulations in Japan and the laws and regulations in the country/region of the Overseas Purchaser;
  • (2) Act of making the Payment or any payment that should be deemed to be substantially equal to the Payment directly to a Seller without going through the system or procedures set forth by the Company;
  • (3) Act of purchasing or being provided with any prohibited import or any other product for which transaction is prohibited by laws and regulations;
  • (4) Act of providing a third party with a purchased sample at a charge;
  • (5) Act of providing products manufactured using the purchased samples to the third party for a fee, and act of ordering a large quantity of samples for the purpose of normal purchase of stock;
  • (6) Act of sending information falling under any of the following to the Company, the Seller, or any third party through the Service:
    • - Information defaming or discrediting the Company or any third party
    • - Information including any excessively violent or brutal expression
    • - Information including any computer virus or other harmful program
    • - Information including excessively pornographic expression
    • - Information including expression encouraging discrimination
    • - Information including expression encouraging suicide or self-harming behavior
    • - Information including expression encouraging improper use of drugs
    • - Information including antisocial expression
    • - Information requesting to disseminate any junk e-mail, spam e-mail, chain e-mail, etc. to third parties
    • - Information including illegal solicitation, advertising, etc.
    • - Information including expression giving others an unpleasant feeling
    • - Information aimed at an encounter with unacquainted persons of the opposite sex
    • - Information of violation of laws and regulations, guidelines or other legal norms
    • - Information similar to those listed above
  • (7) Act of posting programs, etc. that destroy/obstruct functions of software, hardware, etc. used by a third party;
  • (8) Act of destroying/obstructing functions of the server or the network of the Company;
  • (9) Act of obstructing the Service, the advertisement delivered by the Company, or the service/advertisement provided on the Company’s website;
  • (10) Act of collecting/accumulating personal information, history information and attribute information of a third party without permission from the third party;
  • (11) Act of using the Service or any information obtained through the Service for any purpose contrary to the aim of the provision;
  • (12) Act of using the Service with the login information of a third party;
  • (13) Act of obtaining login information from others or disclosing/providing login information to others, regardless of the type of means;
  • (14) Act of providing benefits directly or indirectly to antisocial forces, etc. in relation to the Service; and
  • (15) Any other acts equivalent to those listed above and deemed inappropriate by the Company.

Section 17. (Measures, etc. in Case of Violation of These Terms)

1. Where the Company finds that an Overseas Purchaser falls under or is likely to fall under any of the following items, the Company may take measures such as suspension or deletion of the account, suspension or restriction of the use of the Service, cancellation of the Service Contract, etc. (hereinafter referred to as “Suspension, etc.”) at the Company’s discretion without giving any notice:

  • (1) Where the Overseas Purchaser performs or is likely to perform any of the prohibited acts set forth in the preceding section;
  • (2) Where the Overseas Purchaser violates any of the provisions of these Terms or the Company receives a report of violation;
  • (3) Where the Overseas Purchaser is likely to infringe on the Intellectual Property Rights, portrait right, right to privacy, or any other right of a third party;
  • (4) Where the Overseas Purchaser causes any trouble with a Seller or other Overseas Purchaser in using the Service, and it is found that the trouble is caused by any reason attributable to the Overseas Purchaser;
  • (5) Where the Company finds the fact that all or part of the information provided by the Overseas Purchaser contains false information;
  • (6) Where the Overseas Purchaser suspends payment or becomes insolvent or a petition for bankruptcy proceedings or any proceedings equivalent to those is filed;
  • (7) Where the Overseas Purchaser fails to respond to the Company’s inquiry or any other contact requesting a response for 30 days or longer;
  • (8) Where the Overseas Purchaser is an antisocial force, etc. or in any way interacts or becomes involved with antisocial forces, etc. by cooperating with or becoming involved in the maintenance, operation, or management of antisocial forces, etc. through funding or otherwise; or
  • (9) Where there is any reason similar to those listed in the preceding items.

2. Even after Suspension, etc., an Overseas Purchaser is not exempt from any duties or financial obligations toward the Company and third parties arising from the Service Contract and the Service, and if the Overseas Purchaser has any financial obligations toward the Company and third parties, all such financial obligations shall naturally be accelerated, and the Overseas Purchaser must immediately repay all financial obligations to the Company and the third parties.

3. The Company will assume no responsibility for any damage suffered by any Overseas Purchaser due to the measures taken by the Company pursuant to this section.

Section 18. (Force Majeure)

When the Company delays the performance of or is unable to perform any obligation under these Terms due to any of the circumstances set forth in the following items, it shall not be liable therefor:

  • (1) Natural disaster, fire, and explosion
  • (2) Infectious disease
  • (3) War and civil commotion
  • (4) Revolution and partition of nation
  • (5) Order and punishment given by public power
  • (6) Riot
  • (7) Strike and lockout
  • (8) System failure, communication failure, maintenance of system, etc. and blackout
  • (9) The Products are subject to the prohibition on export in Japan (including the case where those previously regarded as exportable becomes subject to the prohibition on export due to any subsequent legislative amendment, etc.)
  • (10) The Products are subject to the prohibition on import in the country, etc. of the Overseas Purchaser (including the case where those previously regarded as importable becomes subject to the prohibition on import due to any subsequent legislative amendment, etc.)
  • (11) Other circumstances equivalent to those in the preceding items

Section 19. (Damages)

Where an Overseas Purchaser suffers any damage for any reason attributable to the Company in connection with the use of the Service, the Company shall assume responsibility only for direct and normal damage actually incurred by the Overseas Purchaser, and the upper limit of the amount of damages shall be the accumulated amount of charges collected and received by the Company from the Seller because of the Overseas Purchaser’s use during the period from the occurrence of the grounds for the damage to 6 months ago.

Section 20. (Confidentiality)

1. Unless approved in writing in advance by the Company, Overseas Purchasers shall treat as confidential the non-public information disclosed in relation to the Service by the company specifying that it is confidential.

2. Whenever requested by the Company, Overseas Purchasers shall return or destroy the information in the preceding paragraph, any document, or other recording medium containing or recording the information and all copies, etc. thereof without delay in accordance with the Company’s instruction.

Section 21. (Elimination, etc. of Antisocial Forces)

1. The Company and Overseas Purchasers represent and warrant the matters in the following items, respectively, to the other party:

  • (1) Neither the party nor any of its officers (referring to directors, executive officers, corporate officers, auditors, or any persons equivalent thereto ) is an organized crime group, member of an organized crime group, quasi-member of an organized crime group, company related to an organized crime group, corporate racketeer, group pretending to be social activists, crime group specialized in intellectual crimes, or any other person equivalent thereto (hereinafter collectively referred to as “Antisocial Forces” ) or has any socially condemnable relationship with Antisocial Forces;
  • (2) The party does not use Antisocial Forces for the benefit of itself or any third party or with the aim of causing any damage to any third party or cooperate with or have any relationship with which it is deemed to be involved in the maintenance or operation of Antisocial Forces by providing Antisocial Forces with any fund or convenience, etc.;
  • (3) The party does not cause Antisocial Forces to use its name and sign the Service Contract;
  • (4) The party does not use or cause any third party to use any threatening words, actions, or violence toward the other party, damage the credit or obstruct the business of the other party by spreading false rumors or using fraudulent means or force or make any unreasonable demand beyond its liability or conduct any other action equivalent thereto;

2. Either the Company or Overseas Purchasers may cancel the Service Contract without any notice or demand in the event where the other party violates the covenant in the preceding paragraph.

3. Even if the Company or Overseas Purchasers cancel all or part of the Service Contract pursuant to the provision in the preceding paragraph, and the other party suffers any damage due to such cancellation, the Company or Overseas Purchasers shall not be required to compensate for any of such damage. Additionally, any party violating this Section shall compensate for any and all damages resulting from such violation.

Section 22. (Warranty Disclaimer and Indemnification)

1. For the use of the Service, the Company makes no warranty of any kind ensuring that Overseas Purchasers may obtain products as expected; that the Products are delivered to Overseas Purchasers without fail, the fitness for Overseas Purchasers’ other specific purposes, commodity value, accuracy, usability, completeness, and legality; that the Products are in compliance with internal rules, etc. of any group applicable to Overseas Purchasers; that the Products have no security defect, error, bug, or failure; and that the Products do not infringe on any third party rights.

2. The Company does not guarantee the accuracy of its translation of Food-Related Contents, translation of the chat tool for business talks or any other translation made in the Service, and even if any Overseas Purchaser suffers any damage resulting from the content of such translation, the Company will assume no responsibility therefor.

3. Even if the Sample Provision Contract or Sales Contract for the Products is formed, the Company will assume no responsibility whatsoever regarding the Products being delivered to an Overseas Purchaser without fail, since there is a possibility that the Products fall under the category of prohibited goods in the country, etc. to which the Overseas Purchaser belongs.

4. The Company does not guarantee that the Service corresponds to every information terminal and every OS version of information terminal, and Overseas Purchasers shall agree in advance that update, etc. of OS version of information terminal for the use of the Service may cause failure to the performance of the Service. The Company does not guarantee that, in case of such failure, the Company’s program modification, etc. will correct the failure.

Section 23. (Termination of Use of the Service)

1. Overseas Purchasers may cancel the Service Contract by notifying the Company in accordance with the procedures set forth separately by the Company;

2. Overseas Purchasers shall agree that, from the notification in the preceding paragraph, there may be cases where a period of time fixed by the Company is necessary for completing the cancellation process of the Service Contract.

3. The Company may, when an Overseas Purchaser cancels the Service Contract, ask the Overseas Purchaser the reason for cancellation, and the Overseas Purchaser shall cooperate therewith.

4. Even after cancellation of the Service Contract, an Overseas Purchaser is not exempt from any duties or financial obligations toward the Company and third parties that arose from the Service Contract before the cancellation, and if the Overseas Purchaser has any financial obligations toward the Company and third parties, all such financial obligations shall naturally be accelerated, and the Overseas Purchaser must immediately repay all financial obligations to the Company and the third parties.

5. The handling of User Information after cancellation of the Service Contract shall be subject to the provisions set forth in Section 8 (Handling of Information on Overseas Purchasers).

Section 24. (Modification, Suspension, Termination, etc. of the Service)

1. The Company may modify all or part of the content of the Service or add any contents thereto without giving any prior notice to Overseas Purchasers.

2. The Company may terminate the Service at the Company’s discretion by notifying Overseas Purchasers thereof through posting on the Service or website operated by the Company or through any other procedures that the Company finds appropriate, provided, however, that, in case of emergency, it may not give any notice to Overseas Purchasers.

3. The Company may suspend all or part of the Service without giving any prior notice to Overseas Purchasers in case of any of the grounds in the following items:

  • (1) Where the Company periodically or urgently conducts any maintenance or repair work concerning the communication equipment, etc. for the Service;
  • (2) Where the system is overloaded due to excessive numbers of accesses or any other unexpected cause;
  • (3) Where the Company needs to ensure the security of Sellers or Overseas Purchasers;
  • (4) Where the service of telecommunication corporation is not provided;
  • (5) Where it is difficult to provide the Service due to any Force Majeure event such as natural disaster;
  • (6) Where it is difficult to provide the Service due to a fire, blackout, any other unexpected accident or war, conflict, convulsion, riot, labor dispute, etc.;
  • (7) Where it becomes unable to operate the Service because of laws and regulations or any measure thereunder; or
  • (8) Where the Company finds it necessary due to any grounds equivalent to those in the preceding items.

4. The Company will assume no responsibility for any damage suffered by any Overseas Purchaser due to the measures taken by the Company pursuant to this section.

Section 25. (Assignment of Rights and Obligations)

1. Unless approved in writing by the Company in advance, Overseas Purchasers may not assign, transfer to a successor, pledge or otherwise dispose of in any manner the rights or obligations of Overseas Purchasers under the Service Contract or their status under the Service Contract.

2. When the Company assigns the business pertaining to the Service to a third party or transfers the business pertaining to the Service comprehensively to a successor through merger, company split, etc. in which the Company becomes a consolidated company or split company, the Company may, in association with the assignment of business, assign its status, rights, and obligations under the Service Contract as well as the registration information and other information on Overseas Purchasers to the assignee or successor for the assignment of business, and Overseas Purchasers shall agree thereto in advance.

Section 26. (Governing Law and Agreed Jurisdiction)

These Terms shall be governed by the laws of Japan, and any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court in the first instance, depending on the amount sued for.

Established on August 8, 2018