利用規約

Chapter 1 General Provisions

Article 1 (Purpose)

These Terms and Conditions (hereinafter referred to as the “Terms”) shall apply to the use of the services provided by Kyowa Co., Ltd. (hereinafter referred to as the “Company”), including those provided through the Company’s website (hereinafter collectively referred to as the “Services”). These Terms define the relationship between the Company and individuals who use the Services (hereinafter referred to as the “Users”).

By using the Services, Users shall be deemed to have agreed to these Terms.

Article 2 (Definitions)

For the purposes of these Terms, the meanings of the terms set forth in each of the following items shall be as defined therein:

1. Website

Refers to the website operated by the Company for the purpose of providing the Services.

2. User Information

Refers to the information concerning Users, as specified by the Company, which Users are required to input as a prerequisite for using the Services.

3. Member

Refers to a User who has completed the membership registration procedure for the Services pursuant to Article 5. Services designated for Members shall be provided exclusively to Members (see Article 5 regarding membership registration).

4. Member Information

Refers to the User Information registered by Members and the information accumulated through the use of the Services by such Members.

Article 3 (Notifications)

1. In the event that the Company provides notifications to Members in relation to the Services, such notifications shall be given by a method the Company deems appropriate, including but not limited to posting on the Website or sending emails to the email address registered as part of the User Information or Member Information.

2. Notifications made in accordance with the preceding paragraph shall take effect at the time the content is posted on the Website in the case of notification by posting, or at the time the Company sends the relevant email in the case of notification by email.

Article 4 (Conclusion of the Service Agreement)

1. The agreement for the use of the Services (hereinafter referred to as the “Service Agreement”) shall be deemed concluded at the time when an individual wishing to use the Services agrees to these Terms and the handling of personal information, enters the required User Information, and applies by a method specified by the Company, and the Company accepts such application.

2. If a minor wishes to use the Services, the consent of their legal guardian is required. In cases where a minor enters the User Information as described in Paragraph 1, the Company may inquire about the existence of a legal guardian.

Article 5 (Membership Registration)

1. Individuals who wish to use member-only services among the Services (hereinafter referred to as “Applicants”) must agree to these Terms and the Company's separately established handling of personal information, and must complete membership registration in advance using the method specified by the Company.

2. When applying for membership registration, Applicants shall provide the information designated by the Company and warrant that the information provided is true and accurate.

3. The Company shall determine whether or not to approve the membership registration application from an Applicant based on its own criteria. If the Company approves the registration, it will send a confirmation email for identity verification to the Applicant.

4. Membership registration shall be deemed complete upon the Company’s transmission of a registration completion email. Upon such completion, the email address and password provided under Paragraph 2 shall become the login credentials (hereinafter referred to as “Login Information”).

5. The Company may refuse registration or re-registration of an Applicant if any of the following reasons apply. The Company shall have no obligation to disclose the reason for such refusal.

① If any or all of the user information provided to the Company is found to be false, incorrect, or incomplete, or if the Company determines that the Applicant has violated or is likely to violate Paragraph 2 of this Article.

② If the Applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of their legal representative, guardian, curator, or assistant.

③ If the Company determines that, upon registration, the Applicant would be in violation of Article 23, Paragraph 1.

④ If the Company determines that the Applicant has previously breached a contract with the Company or is affiliated with someone who has.

⑤ If the Applicant has previously been subject to the measures specified in Article 13, Paragraph 1.

⑥ If the Company otherwise determines that registration is inappropriate.

Article 6 (Costs Related to Use)

Any communication fees, communication devices, and other necessary costs required to use the Services shall be prepared and borne by the User at their own expense and responsibility. However, the Company does not guarantee that the Services and the website will function properly on the communication devices used by the User.

Article 7 (Sales Contract)

1. A sales contract shall be deemed to have been concluded when a User applies to purchase a product via the Services, and the Company notifies the User of its acceptance of said application. Ownership of the product shall transfer to the User at the time the Company hands over the product to the delivery carrier.

2. The Company may, without prior notice to the User, cancel the aforementioned sales contract if the User falls under any of the following circumstances:

① The User breaches these Terms.

② Delivery of the product cannot be completed due to an unknown delivery address or prolonged absence of the recipient.

③ Any other circumstance in which the Company deems that the relationship of trust between the User and the Company has been damaged.

3. The payment methods, delivery methods, cancellation of purchase applications, and return procedures for the Services shall be as separately specified on the Company's website.

4. Even when purchasing products of the Company by means other than through this website, the User shall be deemed to have agreed to the handling of personal information as separately specified by the Company by making such a purchase application.

Chapter 3 Precautions for Use

Article 8 (Management of User Information and Member Information)

1. Users shall strictly manage, under their own responsibility, their user information, such as the email address entered at the time of applying to use the Service. The user shall be responsible for all actions taken using this information. However, if the Company is found to have acted with willful misconduct or gross negligence, the Company shall compensate for damages in accordance with the provisions of Article 19, Paragraph 1.

2. Users must not allow others to use the Service by using their own user information.

3. The preceding two paragraphs shall also apply to member information, and members shall bear the same obligations with respect to their member information.

Article 9 (Changes to User Information and Member Information)

1. If there are any changes to the information entered at the time of applying to use the Service or any other user information previously provided to the Company, the user shall promptly notify the Company using the method specified by the Company. The Company shall not be liable for any damages incurred by the user due to failure to submit such notification. However, if the Company is found to have acted with willful misconduct or gross negligence, the Company shall compensate for damages in accordance with the provisions of Article 19, Paragraph 1.

2. The preceding paragraph shall also apply to member information, and members shall bear the same obligations regarding changes to their member information.

Article 10 (Terms of Use and Other Notices)

Users shall comply with the terms of use for the Service specified by the Company, in addition to the provisions listed below:

(1) Entry of User and Member Information

① Users and members shall, under their own responsibility, enter an accurate email address and other user or member information. The Company shall not be liable for any damages caused to users due to the incorrect entry of such information. However, if the Company is found to have acted with willful misconduct or gross negligence, the Company shall compensate for damages in accordance with Article 19, Paragraph 1.

② Members shall ensure, under their own responsibility, that their member information is always up-to-date, truthful, and accurate. The Company shall not be liable for any damages incurred by members due to outdated or incorrect member information. However, the Company shall compensate for damages in accordance with Article 19, Paragraph 1 if willful misconduct or gross negligence is found.

(2) Management of Login Information

① Members shall strictly manage their login information under their own responsibility, and shall not allow third parties to use, lend, transfer, or sell such information.

② Members shall bear all responsibility and damages resulting from insufficient management, misuse, or use by third parties of their login information. The Company shall not be liable for any of these issues. However, if willful misconduct or gross negligence by the Company is recognized, damages shall be compensated in accordance with Article 19, Paragraph 1.

③ If a member forgets their login information, it can only be changed if identity verification is confirmed using name and email address, etc. If the Company determines that identity cannot be verified, the member cannot obtain disclosure of the login information and must apply for re-registration. In such case, previous member information will not be accessible.

Article 11 (Prohibited Acts)

Users shall not engage in any of the following acts in connection with the Service:

1. Making false declarations to the Company.

2. Using information or services, including those provided through the Site by the Company under this agreement, for purposes other than those intended by the Service.

3. Infringing or potentially infringing on the property (including intellectual property rights), privacy, or reputation of the Company or any third party.

4. Engaging in or potentially engaging in acts that unlawfully infringe on the interests of the Company or any third party, aside from the previous item.

5. Violating laws or regulations, or engaging in acts contrary to public order and morals, or acts that may fall under such violations.

6. Using or transmitting harmful programs such as computer viruses, or acts that may result in such use or transmission.

7. In addition to the above, engaging in unauthorized access or any other acts that interfere with the Company’s business operations, the implementation of the Service, or the Company's telecommunications facilities, or acts that may cause such interference.

Chapter 4 Termination of Agreement, etc.

Article 12 (Termination of Agreement by the Company, etc.)

1. The Company may terminate part or all of this Agreement or suspend the provision of the Service without prior notice or demand to the User if the User falls under any of the following items:

(1) If the User commits an act that violates these Terms.

(2) If the Company reasonably determines that the User is an organized crime group member or otherwise part of an anti-social force.

(3) If it becomes clear that the User has previously been subject to termination or suspension of service under this Article in dealings with the Company.

(4) If the User does not respond for 30 days or more to inquiries requiring a response, or if the User’s whereabouts are unknown or contact is otherwise impossible.

(5) If the Company reasonably determines that the User is otherwise inappropriate as a User.

2. Even if a User is subject to termination or suspension under the preceding paragraph, the Company shall bear no responsibility whatsoever.

Article 13 (Deletion of Registration)

1. In addition to being able to take measures for termination or suspension of service based on each item of Paragraph 1 of the preceding Article, the Company may delete the Member's registration if the Member falls under any of those items.

2. If a Member's registration is deleted based on the preceding paragraph, the Member shall no longer be able to receive member services after the deletion, and the Company shall not be held liable for any damages resulting therefrom.

Article 14 (Withdrawal by Member)

1. A Member may withdraw from the service using the prescribed method designated by the Company.

2. Upon completion of the withdrawal procedure described in the preceding paragraph, the Member shall no longer be able to use member services, and the Company shall not be held liable for any damages resulting therefrom.

Chapter 5 Suspension, Modification, and Termination of the Service

Article 15 (Suspension of the Service)

1. The Company may suspend part or all of the Service if any of the following circumstances occur:

(1) When a failure occurs in the systems, facilities, etc. necessary to provide the Service, or when maintenance, servicing, or construction is required.

(2) When it becomes difficult to provide the Service due to actions by third parties such as telecommunications carriers suspending their services.

(3) When an emergency (such as natural disasters, war, terrorism, riots, civil commotion, government action, labor disputes, etc.) makes providing the Service difficult or potentially difficult.

(4) When a third-party site or service becomes unavailable due to the circumstances of that third party.

(5) When providing the Service becomes difficult due to legal regulations or administrative orders.

(6) When the Company deems suspension necessary and unavoidable for other reasons not attributable to the Company.

2. The Company shall not be liable for any damages incurred by users or third parties as a result of suspension of the Service under the preceding paragraph.

Article 16 (Modification, Suspension, and Termination of the Service)

1. The Company may, upon prior notice to members, modify, suspend, or terminate part or all of the content of the Service. However, if such modifications, suspension, or termination are not significant, the Company may implement them without prior notice.

2. The Company shall not be liable for any damages incurred by members due to the modification, suspension, or termination of the Service pursuant to the preceding paragraph.

Chapter 6 General Provisions

Article 17 (No Warranty)

The Company shall make reasonable best efforts to ensure that the Service functions properly in the recommended environment. However, the Company does not guarantee the accuracy, legitimacy, usefulness, completeness, or any other quality of the information provided by the Company or obtained by members through the Service.

Article 18 (Intellectual Property Rights)

Copyrights, moral rights of authors, patent rights, design rights, trademark rights, publicity rights, and other intellectual property rights related to the Service belong to the Company or to third parties with legitimate rights. The establishment of this Service Agreement does not constitute a license to use such intellectual property rights beyond the scope necessary for the use of the Service.

Article 19 (Compensation for Damages and Disclaimer of Liability)

1. The Company shall compensate for damages incurred by the User in connection with the Service only if such damages are caused by the Company’s intentional misconduct or gross negligence, and only to the extent of actual, direct, and ordinary damages. In all other cases, the Company shall bear no responsibility.

2. In the event of a dispute between the User and a third party in connection with the Service, the User shall resolve such dispute at their own responsibility and expense, and shall not cause any inconvenience to the Company. The User shall also compensate the Company for any damages (including legal fees) incurred as a result.

Article 20 (Outsourcing)

The Company may outsource all or part of the operations related to the Service to a third party.

Article 21 (Personal Information)

The handling of personal information shall be governed by the Company's Privacy Policy.

Article 22 (Prohibition of Assignment of Rights and Obligations)

Users shall not transfer or assign to any third party the rights and obligations under this Agreement without the prior consent of the Company.

Article 23 (Exclusion of Antisocial Forces)

1. Users and Members shall represent and warrant to the Company that none of the following applies to them:

① They themselves (or in the case of corporations, including representatives, officers, employees regardless of employment status, shareholders, etc.; hereinafter the same) are not members of organized crime groups, former members of organized crime groups within five years of leaving, quasi-members, companies affiliated with organized crime groups, corporate racketeers, or other persons equivalent to these or their affiliates (hereinafter collectively referred to as "Antisocial Forces").

② Their relatives are not Antisocial Forces.

③ They do not use their own name for the purpose of entering into this Agreement or member registration (hereinafter collectively referred to as "Member Registration, etc.") on behalf of Antisocial Forces.

④ They do not, by themselves or through third parties, engage in threatening behavior or violence against the Company in connection with Member Registration, etc., or obstruct the Company's operations or damage its reputation through deception or force.

2. If the Company determines that a User or Member falls under any of the following, it may immediately terminate this Agreement and cancel the Member Registration without any prior notice or demand:

① It becomes clear that a false representation or declaration was made in violation of items ① or ② of the preceding paragraph.

② It becomes clear that the User or Member registered in violation of item ③ of the preceding paragraph.

③ The User or Member engaged in conduct in violation of item ④ of the preceding paragraph.

3. If this Agreement is terminated or Member Registration is canceled pursuant to the preceding paragraph, the User or Member shall compensate the Company for any damages incurred.

4. The Company shall not be liable for any damages incurred by the User or Member as a result of the termination of this Agreement or cancellation of Member Registration pursuant to paragraph 2.

5. If the Company determines that it is necessary to conduct an investigation to make a determination under paragraph 2, the User or Member shall cooperate with such investigation upon request from the Company, including providing documents requested by the Company.

Article 24 (Amendments to the Terms and Conditions)

1. The Company may revise these Terms in any of the following cases:

① If the revision conforms to the general interests of applicants.

② If the revision is not contrary to the purpose of the agreement under these Terms, and is reasonable in light of the necessity of the revision, the appropriateness of the revised content, and other circumstances surrounding the revision.

2. When revising these Terms, the Company shall set an effective date for the revision and notify Users and Members of the intent to revise, the content of the revised Terms, and the effective date by email or other appropriate means. In cases based on item ② of the preceding paragraph, such notification shall be given prior to the effective date.

3. Upon the arrival of the effective date as stipulated in the preceding paragraph, the Terms shall be amended, and the terms of this Agreement and any other rights and obligations between the Company and Users or Members shall be governed by the amended Terms.

Article 25 (Governing Law and Jurisdiction)

1. These Terms and the Service Agreement shall be governed by and construed in accordance with the laws of Japan.

2. In the event of any dispute between the User and the Company arising out of or in connection with these Terms or the Service Agreement, the district court or summary court having jurisdiction over the location of the Company's head office shall have exclusive jurisdiction as the court of first instance, depending on the amount in controversy.

Supplementary Provisions

Enacted and enforced on May 21, 2024 (Reiwa 6)