These Terms of Service set forth the terms and conditions regarding the use of the e-commerce site, “WorldShopping” (hereinafter, “SERVICE”), operated by Zig-Zag, Inc. (hereinafter “COMPANY”) and shall apply to all users of SERVICE. Please be sure to read these terms of service prior to using SERVICE.
Section 1 (Agreement to Terms of Service)
- Once a user agrees hereto, a service agreement (hereinafter “Service Agreement”) pursuant to the contents of these Terms of Service shall take effect between the user and COMPANY.
- 2.3. Once a user requests the Purchasing Agent Service or Shipping Agent Service in SERVICE and COMPANY accepts it during the term of the Service Agreement, a quasi-mandate agreement (hereinafter “Individual Transaction”) shall take effect.
Section 2 (Amendments and Modifications to Terms of Service)
In the any of the following circumstances, COMPANY, at its own discretion, shall be entitled to modify or add content to these Terms of Service. Following modification, the Terms of Service shall be posted on the use screen of SERVICE or on the website operated by COMPANY (hereinafter, “WEBSITE”; WEBSITE shall include the website following any modifications in the event that any modifications are made to COMPANY’s website domain or the contents thereof) no later than 30 days before the effective date of the modified Terms of Service, unless otherwise specified by COMPANY.
- (1) Modification or addition of the Terms of Service conforms to the common interest of users; or
- (2) 1.(2) Modification or addition of the Terms of Service is not against the intention and purpose of the Terms of Service and SERVICE as well as is reasonable in terms of necessity, appropriateness, details and other circumstances of modification.
- If a user does not accept the Terms of Service following modification(s), his or her use of SERVICE shall be terminated immediately. If a user continues to use SERVICE following to the effective date of the modified Terms of Service, such user shall be regarded as having accepted the Terms of Service following the modification(s). Users shall use SERVICE upon checking the latest contents of the Terms of Service from time to time at their own liability.
Section 3 (Definitions)
As used in these Terms of Service, the meaning of the terms set forth in the following items shall be attributed to the provisions therein.
(1) “Registration Information”
Registration Information shall refer to information entered by users during user registration, any other information for which COMPANY requires registration while using SERVICE, and any additions or modifications made by the user with respect to such information.
Contents shall refer to any information accessible by users through SERVICE, including, without limitation, documents, photos, videos, audio, music and other sound data, images, software, programs, code, and other data.
Merchandise shall refer to any goods available for purchase by users either directly or indirectly through SERVICE, as well as other products.
Section 4 (User Registration)
- Users shall be entitled to apply for user registration by agreeing to these Terms of Service and providing COMPANY with Registration Information.
- With respect to the application set forth in the preceding Clause, COMPANY shall determine whether to accept the registration. User registration shall be completed upon notice of registration completion by COMPANY.
- Users must provide truthful and accurate information when providing Registration Information. COMPANY shall bear no liability in the event that damages are incurred by users as a result of falsification, error, or omission in Registration Information.
- If there are any modifications to Registration Information, the user shall notify COMPANY of the details thereof without delay in a prescribed form specified separately by COMPANY. If any notice from COMPANY fails to reach the user due to the user neglecting to provide such notice as set forth above, the notice from COMPANY shall be deemed to have reached the user at the time it generally should have arrived.
Section 5 (Refusal of Registration)
COMPANY reserves the right to refuse registration to any person who has applied subject to Clause 1 of the preceding Section (hereinafter, “Registration Applicant”) if any of the following apply:
- (1) the Registration Information provided to COMPANY contains falsification(s), error(s), or omission(s);
- (2) the Registration Applicant has been subject to measures to suspend the use of SERVICE in the past, or is currently subject to such measures, including, but not limited to, account deletion;
- (3) the Registration Applicant is a minor, adult ward, under curatorship, or under guardianship, and consent has not been obtained from his or her legal representative, guardian, curator, or assistant;
- (5) COMPANY determines that the Registration Applicant is involved in Anti-Social Forces, etc. (which shall refer to gangs, gang members, right-wing groups, anti-social forces, or other person in equivalent capacity), or that the Registration Applicant engages in any kind of social exchange or involvement with such Anti-Social Forces, etc., including, but not limited to, cooperation or involvement in the maintenance, operation, or management of such Anti-Social Forces, etc. through financial funding or other means; or
- (6) any other case in which company deems user registration unsuitable.
Section 6 (Access by Minors)
- Any use of SERVICE by a minor shall be conducted with the consent of a legal representative such as a parent or guardian. Such consent shall be deemed as given with respect to the use of SERVICE and the details of the Terms of Service at the time the minor completes user registration; provided, however, that; a minor under the age of 16 must obtain the actual and absolute consent of its legal representative and COMPANY is entitled to request such minor to provide evidence showing that such consent has been given.
- If a minor uses SERVICE, falsifying that he or she had received consent pursuant to the preceding Clause despite the lack thereof, or if he or she falsely claims him or herself as an adult, no legally-binding conduct regarding, without limitation, the use of SERVICE or the purchase of Merchandise may be rescinded.
- Users who were minors at the time of agreement hereto shall assume all legally-binding conduct regarding SERVICE upon the use thereof after reaching adulthood.
Section 7 (Account Management)
- Users shall manage their accounts at their own liability and shall not allow any third party to use the account; nor shall users, without limitation, lend, transfer, exchange titles to, or sell their accounts.
- When COMPANY confirms an account match, the user registered as the holder of the account shall be deemed to have used SERVICE.
- If it is discovered that an account has been compromised or used by a third party, the user shall immediately notify COMPANY thereof and shall comply with any instructions provided by COMPANY.
- Any damages caused by a lack of account management, negligence in use, or use by a third party, shall be borne by the user and COMPANY shall bear no liability with respect to such damages.
Section 8 (Purchase Agent Service)
- Users are entitled to request COMPANY to act as a purchase agent for Merchandise posted on E-commerce sites operated by third parties (hereinafter, “Purchase Agent Service”) by applying pursuant to the prescribed procedures.
- When COMPANY notifies a user of its acceptance of his or her purchase agent application for the Merchandise in question, an Individual Transaction regarding the purchase of the Merchandise shall be established between the user and COMPANY. At the same time, COMPANY shall commence the service to purchase the Merchandise from the supplier in lieu of the user.
- The ownership of the Merchandise shall be retained by COMPANY, a supplier or other third party until COMPANY delivers the Merchandise to a delivery company (hereinafter “Delivery Company”) for delivery and shall be transferred to a user when COMPANY delivers the Merchandise to the Delivery Company. Whether the ownership belongs to any party, any points and all other benefits (excluding the Merchandise itself) granted by the seller when COMPANY purchases merchandise via the Purchase Agent Service shall belong to COMPANY.
- Unless otherwise specified, COMPANY does not accept any cancellations, withdrawal or changes to the application by the user following approval of a purchase agent application. This applies regardless of whether COMPANY has actually purchased the requested Merchandise or not; therefore, please exercise adequate caution when applying for the Purchase Agent Service.
- Notwithstanding paragraph 2, if a price for Merchandise at the time of an application by a user is clearly unfair in comparison to market prices, etc. at the time of purchase by COMPANY in lieu of the user; if it is discovered that the Merchandise provider does not possess stock of the given Merchandise; if it is discovered prior to the purchase that the requested Merchandise applies to any of the items in Section 17; if the Merchandise has not arrived from the merchandise provider within 30 days from purchase by COMPANY via the Purchase Agent Service (excluding cases with special circumstances where it takes the merchandise provider certain time to provide the Merchandise including layaway, made-to-order or any other reason approved by COMPANY); if any of the matters posted on website by COMPANY is applicable; or, if COMPANY determines that it is impossible or difficult to perform the Purchase Agent Service, COMPANY reserves the right not to bear any obligation to purchase the given Merchandise.
Section 9 (Shipping Agent Service)
- Users shall be entitled to request only receipt and shipment of Merchandise through SERVICE (hereinafter, “Shipping Agent Service”). Once COMPANY notifies a user of acceptance of such request, an Individual Transaction shall take effect between COMPANY and the user with respect to such Shipping Agent Service.
- If a user chooses the Shipping Agent Service, the provisions of the preceding Clause shall not apply and the user shall purchase Merchandise directly from the Merchandise provider under the user’s own name and at his or her own risk.
- The ownership of the Merchandise shall be transferred to the user at the time agreed by the user and the seller. The terms and conditions of the purchase of the Merchandise are also determined by the user and the seller, and COMPANY shall not get involved in it.
Section 10 (Receipt and Storage)
- If a user selects either the Purchase Agent Service or the Shipment Agent Service, COMPANY shall take receipt of the Merchandise designated by the user through SERVICE from a supplier in lieu of the user.
- When a user utilizes the Purchase Agent Service, after receiving the Merchandise, COMPANY shall store the given Merchandise paying the same attention as it does for its own until it delivers the Merchandise to the Delivery Company as well as in association with the Storage Policy set forth separately by Company in addition to the provisions in this Section, along with notifying the user of the fact that the Merchandise was received.
- COMPANY shall store the Merchandise for 10 days from the day of receipt set forth in paragraph 1 (hereinafter “Storage Period”). The user must complete payment to COMPANY for the Merchandise costs, etc., stipulated in Section 13, Clause 1 within the Storage Period.
- COMPANY is not obliged to store the Merchandise for which the Storage Period has expired and the Merchandise which is set forth in Section 17.
Section 11 (Inspection)
- COMPANY may inspect the appearance of the Merchandise in its discretion after receiving it from the supplier only for the purpose of confirming identification of the actually received Merchandise with the Merchandise requested by a user; provided, however, that the provision of this section will not impose the obligation of inspection or any other obligations on COMPANY.
- The inspection in the preceding paragraph does not confirm the quality, operation check, authenticity of the Merchandise or its suitability for the specific purpose intended by the user, or value expected of the Merchandise and its marketability, nor warrant any of the foregoing.
Section 12 (Shipping)
- COMPANY shall ship the merchandise received pursuant to Clause 1 of the preceding section to the designated shipping address (limited to countries and regions set forth separately by COMPANY). Provided, however, that users acknowledge that there is a chance that shipment of the Merchandise to the shipping address may not be allowed due to laws and regulations in the location of shipping origin or locations through which the Merchandise transits.
- Depending on inventory conditions of the Merchandise at the provider, shipping conditions of the Merchandise to COMPANY, customs procedures during shipping, and other factors, the number of shipment days as scheduled by COMPANY may differ from the number of days actually required for shipment.
- Shipment of Merchandise pursuant to Clause 1 of this Section shall be carried out only when payment is cleared for the cost of the Merchandise, shipping costs and expenses for packing options set forth in the following Section.
- Merchandise COMPANY ships pursuant to the Purchase Agent Service or the Shipping Agent Service shall be considered as delivered free of defect to the designated shipping address even in the event that receipt of the given Merchandise cannot be confirmed due to non-arrival due to error or non-existence of the address designated by the user, absence of the user or refusal to take receipt even if delivered to the designated address, or any other circumstance whatsoever.
- Even in the event that the user incurs damages as the result of the preceding clause, COMPANY shall bear no liability for such damage.
- If the Merchandise shipped pursuant to the Purchase Agent Service or Shipping Agent Service fails to be delivered to the user for accident or loss in the course of delivery or other reasons attributable to neither the user nor COMPANY, such transaction is automatically terminated and COMPANY bears no liability therefor. Further, if the Merchandise shipped pursuant to the Purchase Agent Service or Shippingy Agent Service is damaged due to accident in the course of delivery or other reasons attributable to neither the user nor COMPANY, COMPANY bears no liability therefor. Provided, however, that in the event that the Merchandise is lost or damaged intentionally by or through gross negligence of the Delivery Company designated by COMPANY, please refer to here.
Section 13 (Payment for Merchandise Costs, etc.)
- Under SERVICE, users shall bear the cost of Merchandise in addition to purchase agent fees, shipping agent fee, shipping costs, and other expenses specified separately by COMPANY.
- When using the Purchase Agent Service, users shall select a payment method specified separately on WEBSITE and pay the Merchandise costs for the given Merchandise as well as the purchase agent fee upon finalization of the purchase agency request for the Merchandise.
- If a user chooses either the Purchase Agent Service or Shipping Agent Service, COMPANY shall ship the given Merchandise after the user selects a payment method specified separately on WEBSITE and makes payment for the cost of the Merchandise and the shipping costs of the Merchandise and other expenses as notified by COMPANY.
- If a user is delinquent in paying for Merchandise costs or other payments subject to the use of SERVICE, the user shall pay COMPANY late charges at the rate of 14.6% per year.
Section 14 (Return and Exchange of Merchandise)
- Users shall be entitled to apply for the return or exchange of Merchandise within seven days following the delivery of Merchandise, only if Merchandise delivered using the Purchase Agent Service differs from the user’s order details; provided, however, that return or exchange is permitted only for the Merchandise which is unopened and unused. COMPANY shall refuse any returns or exchanges from users who return or exchange Merchandise following the lapse of this time period or from users who use the Shipping Agent Service.
- If an application for return or exchange from the preceding Clause is received, COMPANY shall determine the possibility of return or exchange of the Merchandise upon confirming the details of the application. When a return or exchange is conducted, COMPANY shall refund the user the cost of the Merchandise (if the Merchandise is returned in part, the cost of the Merchandise for the returned part), resend the ordered Merchandise, or send a replacement product.
- If a user who used the Purchase Agent Service incurs any damages as the result of defect(s) of the delivered Merchandise, Company shall bear no liability for the responsibility arising therefrom, regardless of whether such responsibility is direct or indirect.
Section 15 (Warranties and Repairs)
- The details of warranties and the terms thereof for Merchandise on SERVICE shall be subject to the warranty system of the provider of the given Merchandise, and no separate warranty shall be provided by COMPANY.
- The procedures for the implementation of warranties for products on SERVICE and repairs thereto shall be subject to individual provisions set forth separately by COMPANY. Shipping fee, packing cost and other costs for return or reshipment of the Merchandise shall be borne by a user.
Section 16 (Prohibitions)
In the use of SERVICE, users shall not, of their own accord or through a third party, engage in any act that applies to or might apply to any of the following:
- (1) violating any laws, court rulings, decisions, or orders, legally-binding administrative measures, or acts that facilitate such violations;
- (2) acts of fraud or intimidation toward COMPANY or third parties;
- (3) acts which run counter to strong public policy or endanger the public order and morals;
- (4) infringing on the intellectual property rights (hereinafter “Intellectual Property Rights” shall refer collectively to copyrights, patents, utility model rights, trademarks, design rights, and other intellectual property rights; this shall include the acquisitions of these rights and applications for registration, etc., for such rights), portrait rights, privacy, good name, or other rights or interests of COMPANY or any third party;
- (5) placing an excessive load on the network or system, etc., of SERVICE;
- (6) illegitimate, unauthorized access to any system connected to SERVICE;
- (7) acts intended to collect information on other users;
- (8) impersonating COMPANY, other users, or third parties;
- (9) using the account of another user;
- (10) paying off Anti-Social Forces, etc.;
- (11) acts which run counter to the intent or objectives of these Terms of Service and SERVICE; and
- (12) any other act deemed inappropriate by COMPANY.
Section 17 (Ineligible Merchandise)
In the use of SERVICE, COMPANY shall not handle the following Merchandise:
- (1) items prohibited for sale or export to foreign countries by the Japanese government;
- (2) items prohibited or restricted for import by the country, region, state, or municipality to which the user’s address or shipping address belongs;
- (3) items acquired by illegal or illegitimate methods or means;
- (4) cash or marketable securities (including cards such as credit cards and cash cards);
- (5) items containing obscenity, child pornography, abuse or other content which runs counter to the public order and morals;
- (6) live animals and plants, or dead animals;
- (7) human bodies in whole or in part, human remains, or bones;
- (8) items prone to deterioration or rot;
- (9) hazardous items including, without limitation, firearms, swords, other weapons, ammunitions, explosives, and poisons;
- (10) items which cannot be shipped subject to the terms of service established by the carriers used by COMPANY or other provisions; and
- (11) any other items deemed inappropriate by Company.
Section 18 (User Withdrawal)
- Users shall be entitled to withdraw from SERVICE at any time using the prescribed methods. Users withdrawing from SERVICE agree in advance to losing the right to use all or part of SERVICE from the time of withdrawal.
- If any debts to COMPANY remain at the time of withdrawal, users shall naturally lose the benefit of deadlines for all of the given debt and shall immediately pay COMPANY the debt in its entirety.
- After registration, users must complete the registration process again if registering to use SERVICE once again. Even when a user completes the registration process again, data prior to the user’s withdrawal will not be carried over.
Section 19 (Cancelation, etc.)
- COMPANY reserves the right to demand of a user ratification of the situation provided in the following items (if such user uses the Shipping Agent Service, it is deemed to include demand to accept the Merchandise when the ratification is not made) and to cancel an Individual Transaction or the Service Agreement when such ratification is not made within 20 days after such demand if it determines that a user applies to or might apply to any of the following:
- (1) violating any of the terms of these Terms of Service;
- (2) expiration of the Storage Period of the Merchandise;
- (3) failing to pay debts incurred by transactions on SERVICE;
- (4) failing to respond for a period of 30 days or longer to inquiries from COMPANY or other communications requesting response;
- (5) discovery that Section 5 Clause 1, 3 or 6 applies to the user;
- (6) applying for SERVICE with respect to the Merchandises set forth in Section 17;
- (7) determination by COMPANY that it is difficult to continue the Individual Transaction or the Service Agreement in terms of operation or maintenance of SERVICE;
- (8) determination by COMPANY that grounds similar to the preceding items are present.
- COMPANY reserves the right to cancel an Individual Transaction or the Service Agreement without demand if a user applies to any of the following:
- (1) conducting acts prohibited herein;
- (2) conducting any violation material to the Terms of Service except the preceding item;
- (3) return of the shipped Merchandise for no reason attributable to COMPANY;
- (4) having payment suspended or becoming insolvent, or being motioned to commence proceedings for bankruptcy, civil rehabilitation, or similar proceedings;
- (5) passing away or receiving judgment to undergo guardianship, curatorship, or assisted living;
- (6) discovery that Section 5 Clause 2, 4 or 5 applies to the user;
- COMPANY reserves the right to suspend SERVICE, delete a user’s account or take any other measures separately provided by COMPANY at its discretion if it determines any of the items in the preceding two clauses is or is likely to be applicable.
- COMPANY shall bear no liability for any damages incurred by users as the result of actions undertaken by COMPANY subject to this Section.
- COMPANY will not refund any money which it has received from a user if cancelation is carried out pursuant to this section.
Section 20 (Disposition of Merchandise)
- If an Individual Transaction or the Service Agreement is terminated for cancelation or any other reason whatsoever in the Purchase Agent Service and COMPANY is in possession of the Merchandise, it reserves the right as the owner to sell, return to the seller, discard or otherwise dispose of the Merchandise depending on its nature (hereinafter “Disposition”).
- If an Individual Transaction or the Service Agreement is canceled or terminated in the Shipping Agent Service, a user shall pick up the Merchandise by itself or using a Delivery Company arranged by itself within any of the following period (hereinafter “Pick-up Period After Termination”):
- (1) immediately after cancelation if canceled in accordance with Clause 1 of the preceding section;
- (2) within 10 days if other than the preceding item.
- Notwithstanding the preceding clause, if the user does not pick up the Merchandise within the Pick-up Period After Termination, COMPANY deems that the user has given up its ownership of the Merchandise. COMPANY obtains the ownership of the Merchandise given up by the user and is entitled to Disposition of it without consent of the user.
- COMPANY bears no liability for any damage incurred by the user due to the Disposition under this section.
Section 21 (Modification, Interruption, Termination, etc., of SERVICE)
- COMPANY reserves the right to modify or extend the contents and specifications of SERVICE in whole or in part without prior notice to users.
- COMPANY reserves the right to terminate the provision or operation of SERVICE in whole or in part at its own discretion. In such case, COMPANY shall notify users to the effect of the termination in a manner deemed appropriate by COMPANY. Provided, however, that notifications may not be made in emergency situations.
- COMPANY reserves the right to temporarily interrupt SERVICE in whole or in part without prior notice to users in any of the following situations:
- (1) performing regular or emergency maintenance or repairs pertaining to SERVICE;
- (2) concentrated load on the system due to excessive access or other unforeseen factors;
- (3) emergence of the need to ensure user security;
- (4) unavailability of telecommunications carrier services;
- (5) difficulty in providing SERVICE due to force majeure events including, without limitation, natural disasters;
- (6) difficulty in providing SERVICE due to fire, power outage, other contingencies, or disturbances including, without limitation, war, conflict, upheaval, insurrection, and labor disputes;
- (7) when operation of SERVICE has been rendered impossible due to laws and regulations or measures subject thereto;
- (8) when COMPANY deems such action necessary pursuant to any of the preceding items.
- COMPANY shall bear no liability for any damage incurred by users as the result of measures undertaken by it subject to this Section.
Section 22 (Termination of Individual Transaction or Service Agreement)
- An Individual Transaction is terminated when the Merchandise is delivered to a user (including when the Merchandise is deemed to be delivered).
- An Individual Transaction is terminated if COMPANY or a user falls under Section 8, Clause 5, Section 12, Clause 6 or Clause 2, Item 4 or 8 of the preceding section.
- Notwithstanding the preceding two clauses, COMPANY reserves the right to terminate provision or operation of all or part of SERVICE at its discretion. In such case, COMPANY will notify users to such effect through the method COMPANY deems appropriate; provided, however, that COMPANY may omit notice in case of emergency.
- COMPANY bears no liability for any damage incurred by a user as a result of measures taken by COMPANY in accordance with this section.
Section 23 (Attribution of Rights)
- All Intellectual Property Rights regarding SERVICE shall belong to COMPANY or entities granting license(s) to COMPANY and shall not refer to any of the usage licenses of SERVICE subject to these Terms of Service, the transfer of such Intellectual Property Rights, or usage licenses other than those explicitly stated in these Terms of Service.
- Users must not engage in any act that may infringe on the Intellectual Property Rights from the preceding Clause for any reason (including, but not limited to, copying, reverse assembling, reverse compiling, and reverse engineering), and shall not adapt, edit, or alter any information or content, etc., provided by COMPANY without acquiring license therefrom, nor publish or allow third parties to use such adapted, edited, or altered information or content.
- Trademarks, logos, service marks, etc. (hereinafter collectively referred to as “Trademarks, etc.”) may appear on SERVICE; however, COMPANY does not grant the transfer of any Trademarks, etc. to users or third parties, nor does COMPANY grant the use thereof.
Section 24 (Management of Information Concerning Users)
Section 25 (Damages)
- If any direct or indirect damages are incurred by COMPANY arising from a violation or violations of the Terms of Service or use of SERVICE by a user (including cases in which COMPANY receives a claim for damages or other claim from a third party), the user must compensate COMPANY for all damages (including expenses for professionals such as legal counsel and labor costs required by COMPANY to address the situation).
- With respect to damages incurred by users in connection to the use of SERVICE, when COMPANY bears liability for illegal conduct or non-performance on debts and such damages arise from intention of or gross negligence by COMPANY, it shall compensate users only for direct and ordinary damages that have arisen in reality. If such damages arise from slight negligence by COMPANY, it shall compensate users up to the amount they have paid to COMPANY with respect to such Individual Transaction. In either case, COMPANY shall not bear any liability for damages that arose from special circumstances (including situations in which the occurrence of damage was predicted or foreseeable).
Section 26 (Exemptions and Disclaimers on Guarantees)
- COMPANY makes no guarantees that SERVICE or Merchandise purchased by users using SERVICE conforms to specific purposes of the user, possesses the expected features, commercial value, accuracy, utility, or integrity, and makes no guarantees that the use of SERVICE conforms to laws applicable to the user or internal regulations of industrial groups.
- COMPANY makes no guarantees about any of the functionality or output of external sites, machine translation software, other software, or devices utilized by users while using SERVICE.
- With respect to Merchandise purchased by users via SERVICE, if a recall or other collection of Merchandise (hereinafter, “Recalls, etc.”) is conducted by the manufacturer, the user shall engage directly with the manufacturer regarding the Recalls, etc., and COMPANY shall bear no obligation with respect to the given Recalls, etc.
Section 27 (Contact and Notices)
- Notices regarding modifications hereto and other communication from COMPANY to users regarding SERVICE shall be posted in a suitable spot on WEBSITE and shall be sent via electronic mail or other method deemed appropriate by COMPANY.
- When COMPANY sends notices via electronic mail, the notice(s) from COMPANY shall be deemed to have arrived at the time when the e-mail should generally arrive by sending the mail to the e-mail address registered by the user.
- Inquiries regarding SERVICE and other communications or notices from users to COMPANY shall be sent from the “Contact Us” form located in a suitable spot on WEBSITE or through other means specified by COMPANY.
Section 28 (Prohibition on Transfer of Rights and Obligations)
Without the prior written consent of COMPANY, users shall not transfer, delegate, offer as collateral, or otherwise change or dispose of any rights or obligations subject to this Service Agreement or Individual Transaction or contractual position in the use of SERVICE.
Section 29 (Handling of Business Transfers, etc.)
In the event that COMPANY transfers the business pertaining to SERVICE to another company, COMPANY shall be entitled to transfer the contractual positions, rights, and obligations of the Service Agreement along with the Registration Information and other information concerning users of SERVICE in association with the business transfer to the assignee thereof, and users shall be considered to have agreed in advance under this Clause to such transfers. Business transfer as used in this Clause shall include comprehensive succession due to a merger or corporate divestiture with COMPANY becoming an acquired company or split company.
Section 30 (Severability)
- Even in the event that any of the terms and conditions herein, in whole or in part, are deemed null and void or unenforceable by the Shohisha Keiyakuho (“Consumer Contract Act”) or other laws or regulations, etc., the remaining provisions of these Terms of Service and the remaining portions of any provisions that were deemed partially null and void or unenforceable shall continue to be in full force and effect. While striving to enable the assurance of outcomes commensurate with the intent of the terms and conditions or portions thereof which were rendered null and void or unenforceable, COMPANY and users shall agree to be bound by revisions to these Terms and Services.
- Even in the event that any terms and conditions or portions thereof in these Terms of Service are deemed null and void or unenforceable in relation to a given user, the validity thereof shall not be effected in relation to other users.
Section 31 (Survival Clauses)
Section 4, Clause 3, Section 6, Clauses 2 and 3, Section 7, Clauses 3 and 4, Section 8, Clauses 3 and 5, Section 10, Clause 4, Section 12, Causes 4 and 5, Section 13, Clause 4, Section 14, Clauses 2 and 3, Section 15, Section 18, Section 19, Clauses 4 and 5, Section 20, Section 21, Clause 4, Section 22, Clause 4, Section 23, and Section 32 shall survive termination of the Service Agreement or Individual Transaction.
Section 32 (Governing Law and Jurisdiction)
SERVICE and these Terms of Service shall be governed by the laws of Japan, and any conflicts arising from or in relation to SERVICE or the Terms of Service shall be resolved at the Tokyo Summary Court or Tokyo District Court, depending on the amount in controversy, as the first court of agreed exclusive jurisdiction.