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 members who have completed their registration in accordance with the provisions in these Terms.
For the purpose of these Terms, the meanings of the terms listed in the following items shall be as defined in those items.
mean those food sellers in Japan, who have agreed to these Terms and completed their registration as set forth in Section 4.
mean those overseas business operators who use the Service, browse contents, etc. provided by the members and sign a sales contract for products with the members.
mean 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.
mean 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 Section 8 and are the subject matter of the Sales Contract.
means the contract concerning the sale of the Products or the provision of samples thereof, which is signed between a Seller and Overseas Purchaser through the Service and formed in accordance with the provisions in Section 10.
mean copyright (including the rights under Article 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.
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.
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 Times before using the Service.
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 examines the application in accordance with the examination standards set forth separately by the Company and, in case where 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 this 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 Company find 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.
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. 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 the matching of accounts, it will deem that the Overseas Purchaser who is registered as the account holder 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.
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.
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.
2. Where an Overseas Purchaser finds that information on himself/herself is not correct or in case of any change therein, the Overseas Purchaser shall promptly revise or modify the Food-Related Contents pertaining to the publication of the information 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.
1. Overseas Purchasers may, through the Service, use services such as browsing of Food-Related Contents.
2. Overseas Purchasers may acquire the samples of and purchase the Products sold on the Service in accordance with the matters set forth in the following Sections as well as the conditions and procedures set forth separately by the Company.
1. Overseas Purchasers may purchase the Products sold on the Service or collect and receive samples thereof from Sellers in accordance with the procedures specified separately by the Company.
2. Any sales contract concerning the Products or contract concerning the collection and receipt of samples shall be formed between the Seller and Overseas Purchaser and the Company will not become a party to the Sales Contract.
3. Where the Company finds the Products not in conformity with the standards set forth by the Company, it may cancel the 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.
1. Where the sales contract concerning the Products or the contract concerning the collection and receipt of samples 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 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 damaged, or in case of any error in the delivery address designated by the Overseas Purchaser, or if the Overseas Purchaser refuses to accept the delivery at the delivery address, or in case of any other trouble between the Seller and Overseas Purchaser 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.
1. Any dispute or trouble arising between the Seller and the Overseas Purchaser or any third party regarding the Sales Contract (assuming but not limited to a 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.
2. Where the Company pays the cost necessary to resolve the said dispute or trouble arising in relation to the Sales Contract (including but not limited to settlement money and attorney’s fee), the Seller shall pay, among the cost regarding such payment, the amount designated by the Company. Any cost required for the payment shall be borne by the Seller.
1. Where the Sales Contract is formed between an Overseas Purchaser and Seller, the Company will receive the payment for the Products pertaining to the Sales Contract (hereinafter referred to as the “Payment”) on behalf of the Seller. Overseas Purchasers shall agree in advance that they may not make payment regarding the Sales Contract signed through the Service 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. The Payment received by the Company on behalf of a Seller will be transferred to the bank account designated separately by the Seller on the last day of the month two months after the month containing the day on which the Overseas Purchaser shall make the Payment after deducting the charges set forth in Section 16. Any bank transfer fee shall be borne by the Company.
3. The provision of the Payment Agency Service set forth in this Section does not guarantee that the Payment by Overseas Purchasers will be ensured. Where an Overseas Purchaser fails to make the Payment by the date of payment, the Company shall notify the Seller thereof and the Seller shall cancel the Sales Contract with the Overseas Purchaser pertaining to the unpaid amount of the Payment.
After the formation of the Sales Contract, Overseas Purchasers may not cancel the Sales Contract for any reason. Therefore, the Company will not provide any refund for any reason whatsoever after the formation of the Sales Contract. When you wish to obtain the Products, please make an application with adequate attention.
1. In the Service, the copyright to the information posted, uploaded or stored by Overseas Purchasers shall be reserved by the 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, Sellers 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.
2. Not withstanding the provision in the preceding paragraph, where the Company translates the information posted 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.
3. Overseas Purchasers shall back up the information posted by themselves on their own responsibility as needed, and the Company shall not obliged to back up the information.
4. Not withstanding 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 Food-Related Contents 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.
5. The Company may freely use any information obtained through the use of the Service by Sellers and Overseas Purchasers, including the quantity of purchase, the frequency of purchase and the country of purchaser for the Products, attribution of the Seller and attribution of the Overseas Purchaser, with no charge and without any limit. The provision in this clause shall remain in effect even after the Sellers terminate their use of the Service.
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. 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 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:
２ Overseas Purchasers shall not be relieved from any of the obligations and liabilities to the Company and any third party under the Service Contract even after Suspension, etc.
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.
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:
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.
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 must return or destroy the information in the preceding paragraph, any document or other recording medium containing or recording the information and all the copies, etc. thereof without delay in accordance with the Company’s instruction.
1. The Company and Overseas Purchasers shall represent and warrant the matters in the following items, respectively to the other party:
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 must compensate for any and all damages resulting from such violation.
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 target of the Sales Contract, the Products, are delivered to Overseas Purchasers, the fitness for Overseas Purchasers’ other specific purposes, commodity value, accuracy, usability, completeness, legality, that the Products are in compliance with internal rules 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. For the Products which are sold on the Service or samples of which are provided by Sellers, because such products may be prohibited or subject to embargo in the country, etc. of the Overseas Purchaser purchasing them, the Company makes no guarantee ensuring that the Products are delivered to the purchaser who has purchased them.
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.
Overseas Purchasers may cancel the Service Contract in accordance with the procedures set forth separately by the Company; provided, however, that Overseas Purchasers shall not be relieved from any of the obligations and liabilities under the Service Contract to the Company and any third party that arose before the cancellation even after canceling the Service Contract.
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 which 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:
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.
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.
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 January 25, 2018