Terms of service

“Green Pheasant” Terms of Use

Adopted [date]

Article 1. Definitions

The following terms used in these Terms of Use shall have the meanings set forth below.

(1)   “User” means any person who uses or intends to use the Services.

(2)   “Registered User” means a User who registered as a User of the Services in accordance with Article 5 (Registration).

 

Article 2. Provisions concerning these Terms of Use

  1. These Terms of Use (these “Terms”) set forth the terms and conditions of use between Re-Invention Co., Ltd. (the “Company”) and Users when Users use the “Green Pheasant” services (the “Services”) provided by the Company.
  2. These Terms set forth the terms and conditions for use of the Services, and Users must use the Services in accordance with these Terms.
  3. When using the Services, Users must confirm the information, warnings, and so on provided through the Services. Furthermore, by using the Services, User shall be deemed to have consented to all of the provisions set forth in these Terms.
  4. In cases where certain provisions of these Terms do not actually apply to Users because the relevant services have not commenced at that time, those provisions shall apply as of the time when application is possible in the future.

 

Article 3. Separate Rules

  1. In addition to these Terms, if there are guidelines, policies, or other documents, regardless of designation, that set forth the conditions of use of the Services or other rules of use and the like (referred to as “Individual Rules” and collectively referred to with these Terms as these “Terms etc.”), Users must use the Services in accordance with the provisions of these Terms as well as such Individual Rules.
  2. In the event of any discrepancy or conflict between these Terms and Individual Rules, the provisions of the Individual Rules shall apply preferentially.

 

Article 4. Revision of these Terms etc.

  1. If the Company determines that it is necessary, the Company may from time to time revise the details of contracts concluded pursuant to these Terms etc. by individual agreement with Users.
  2. If either of the following apply pursuant to Article 548-4 of the Civil Code, the Company may revise the content of a contract concluded pursuant to these Terms etc. by revising these Terms, etc.

(1)   If revision of these Terms etc. is in the general interests of Users; or

(2)   If revision of these Terms etc., is not contrary to the purposes for which an agreement was concluded and the revision is reasonable in light of the necessity of the change, the reasonableness of the content after revision, and particulars of the revisions, and the other circumstances relating to the revisions.

  1. In the case where the Company revises these Terms etc. in accordance with the preceding paragraph, the Company shall provide at least one month’s prior notice on its Website to the effect that the Terms etc. will be revised, the details of the revised Terms etc., and the timing when the revisions will take effect. If the Company notifies a User of the details of the revised Terms etc. and the User uses the Services after the revised Terms etc. take effect, the User will be deemed to have consented to the revised Terms etc. If a User does not consent to the revised Terms etc., the User may not subsequently use the Services.

 

Article 5. Registration

  1. When using the Services, a person who wishes to register (a “Registration Candidate”) must consent to the content of these Terms and request registration by the method specified by the Company. A Registration Candidate who requested registration (in the case where a company or organization with which such person is affiliated uses the Services, including such company or organization; referred to as a “Registration Applicant”) becomes a Registered User when the Company approves the application.
  2. If the Company determines that a Registration Applicant falls under any of the following items, the Company may reject registration or retroactively cancel approval of registration.

(1)   If the Registration Applicant requested registration not by the method specified in the preceding paragraph;

(2)   If the Registration Applicant is not the person who uses the Services;

(3)   If the Registration Applicant was restricted from using the Services in the past as a result of violation of these Terms etc.;

(4)   If the Registration Applicant is an anti-social force (an organized crime group, organized crime group member, a person who was formerly an organized crime group member less than five years previously, a company affiliated with an organized crime group, a corporate racketeer, a group engaged in criminal activity under the pretext of conducting social campaigns or specializing in intellectual crime, or a comparable person) or a person who engages or engaged in violent conduct, fraud, conduct that interferes with business, or other unlawful conduct;

(5)   If the Company determines that the Registration Applicant made a false statement in the application;

(6)   If the Registration Applicant does not actually exist;

(7)   If the Registration Applicant is a minor and applies for use of the Services without the consent of the Registration Applicant’s legal representative;

(8)   If the Registration Applicant is an adult ward, person under curatorship (if the consent of the curator is required), or person under assistance (if the consent of the assistant is required) and applies for use of the Services without the consent of the Registration Application guardian, curator, or assistant; or

(9)   If the Company otherwise determines that use would be inappropriate.

 

Article 6. Accounts

  1. A Registered User may not hold multiple accounts for the Services. Furthermore, multiple persons may not share a single account for the Services.
  2. When a Registered User registers a password when using the Services, he or she must rigorously manage the password under his or her own responsibility to prevent any unauthorized use of the password. The Company may deem all conduct performed through the use of a registered password as the conduct of the Registered User.
  3. If a Registered User suspects that a third party improperly uses his or her password, he or she shall immediately notify the Company to that effect, and if the Company issues any instructions, shall comply with those instructions.
  4. A Registered User who registered for the Services may at any time cancel his or her account and withdraw from membership by the method designated by the Company.
  5. The Company may, without the provision of prior notice to a Registered User, cancel an account for which more than one year has lapsed since the most recent access.
  6. All rights of use of the Services of a Registered User shall extinguish at the time of cancellation of the Registered User’s account, regardless of the reason for the cancellation. Please note that even in the case where a Registered User mistakenly deletes his or her account, the account cannot be restored.
  7. Accounts for the Services belong exclusively to their Registered Users. No rights of use to the Services of a Registered User may be assigned or loaned to or assumed by a third party.

 

Article 7. Use of the Services

  1. Users shall use the Services under their own responsibility and shall bear all responsibility for all actions taken on the Services and the result of those actions.
  2. Users shall, at their own expense and under their own responsibility, properly maintain all computers, digital devices, and other equipment, software, and means of communications necessary to use the Services.
  3. User shall take security measures according to their own user environments to prevent infection by computer viruses, unauthorized access, information leaks, and so on, and the Company shall not participate at all in and shall not bear any responsibility whatsoever for user use environments.
  4. The Company may restrict the provision of the Services in whole or in part to Users who satisfy certain conditions that the Company determines to be necessary such as age, confirmation of identity, and existence of registered information.
  5. The Company makes no warranties whatsoever concerning the completeness, accuracy, usefulness, availability, safety, reliability, or fitness for a particular purpose of the Services. The Company shall not be obligated to correct any bugs or other defects in the Services.
  6. If the Company determines that it is necessary, the Company may, at any time and without the provision of prior notice to Users, modify the particulars of the Services in whole or in part or suspend provision of the Services. The Company shall not bear any liability whatsoever for any damage or disadvantage caused to Users as a result of the modification of the particulars of the Services in whole or in part or suspension of provision of the Services.

 

Article 8. Purchase and Shipment of Goods

  1. Users may make offers to the Company for contracts for the purchase of goods by ordering goods through the Services.
  2. The Company shall accept an offer from a User to enter into a contract and a contract shall be formed when the Company provides notification by email or other means to the User to the effect that the Company has shipped goods in response to an offers from a User to enter into a contract.
  3. In cases where a User orders multiple goods in a single order, the products for which shipment is not confirmed by the notification sent by email or other means specified in the preceding paragraph shall not be included in the scope of the contract formed pursuant to the preceding paragraph.
  4. If a User does not accept delivery of goods, the delivery address is not clear, or delivery to the designated delivery address is not possible for reasons attributable to the User, following the lapse of the shipping carrier’s retention period, the Company shall retrieve the relevant goods. The Company shall bill the User for expenses necessary for such recovery (“Recovery Expenses”), and the User shall pay the Recovery Expenses.

 

Article 9. Transfer of Ownership

Ownership of goods shall transfer to the User at the time of delivery by the Company or the creator designated by the Company to the shipping carrier. The Company shall not bear any liability for loss of or damage to goods occurring after such transfer to the shipping carrier.

 

Article 10. Sales Prices

If a price displayed within the Services and the actual sales price differ, the Company may void the contract for the purchase of the relevant goods. In such case, the Company will contact the User by a method determined to be appropriate by the Company to confirm the User’s intention to purchase the goods from the Company at the actual sales price.

 

Article 11. Payment

Payment relating to a contract for the purchase of goods is limited to payment by a credit card in the User’s name or payment by such other methods designated separately by the Company.

 

Article 12. Expenses

  1. Users shall bear expenses relating to the purchase of goods.
  2. The expenses specified in the preceding paragraph include domestic or overseas shipping charges, other fees relating to the delivery of goods, handling fees, taxes in Japan, and customs duties in delivery destination countries.

 

Article 13. Returns and Refunds

  1. The Company shall not accept returns or make refunds; provided, however, that in the case where goods do not match the description provided by the Company (“Contractual Noncompliance”), if notice of the Contractual Noncompliance is provided to the Company by the method designated by the Company within seven days after the User receives the goods, the Company shall accept return of the goods and make a refund in accordance with the procedures designated by the Company.
  2. Notwithstanding the preceding paragraph, returns shall not be accepted and refunds shall not be made in the following cases:

(1)   In the case of disfigurement of or damage to the Goods after delivery;

(2)   In the case where the goods are used for a purpose other than their intended purpose;

(3)   In the case where the goods were purchased with the intention of returning them; and

(4)   In addition to the above, in cases where the Contractual Noncompliance occurred for reasons attributable to the User.

 

Article 14. Contract Cancellation

In a User falls under any the following items, the Company may immediately and without the provision of any prior notice cancel a contract for the purchase of Goods in whole or in part, even after the formation of the contract.

(1)   If the User violated these Terms;

(2)   If the User is not the person using the Services;

(3)   If the User was previously subject to restrictions on the use of the Services due to violation of these Terms etc.;

(4)   If the User is an anti-social force (an organized crime group, organized crime group member, a person who was formerly an organized crime group member less than five years previously, a company affiliated with an organized crime group, a corporate racketeer, a group engaged in criminal activity under the pretext of conducting social campaigns or specializing in intellectual crime, or a comparable person) or a person who engages or engaged in violent conduct, fraud, conduct that interferes with business, or other unlawful conduct;

(5)   If the Company determines that the information provided by the User contains a false statement;

(6)   If the User does not actually exist;

(7)   If the User is a minor and applies for use of the Services without the consent of the User’s legal representative;

(8)   If the User is an adult ward, person under curatorship (if the consent of the curator is required), or person under assistance (if the consent of the assistant is required) and applies for use of the Services without the consent of the Registration Application guardian, curator, or assistant;

(9)   If the Company otherwise determines that use would be inappropriate; or

(10) If a User does not accept delivery of goods, the delivery address is not clear, or delivery to the designated delivery address is not possible for reasons attributable to the User.

 

Article 15. Services, etc. of other Business Operators

The Services may include services or content provided by other business operators. The business operators that provide such other services or content are responsible for those services and content. Furthermore, terms of use or other terms and conditions designated by the business operators that provide such other services and content may apply to those services and content.

 

Article 16. Content

The Company grants to Users a non-exclusive, non-transferable, and non-sublicensable license to use the content Provided by the Company for the sole purpose of using the Services. In cases where Users use content for which use fees, use periods, and other terms and conditions of use are specified, Users shall comply with those terms and conditions of use. Even in cases where terms such as “purchase” and “sell” are displayed on a screen of the Services, the Company does not transfer to Users intellectual property rights or any other rights relating to the content provided to Users, and grants only the license for use specified above.

 

Article 17. Privacy

The Company appropriately handles the private information and personal information of Users in accordance with its Privacy Policy.

 

Article 18. Prohibitions

  1. When using the Services, Users may not engage in the conduct falling under any of the following items.

(1)   Conduct that interferes with the servers or network systems of the Services, unauthorized operation of the Services through the use of other technical means, or conduct that intentionally causes malfunction of the Services;

(2)   Reverse assembly, reverse compiling, reverse engineering, or other conduct to analyze the source code, structure, ideas, and so on of the Services;

(3)   Impersonating the Company or a third party;

(4)   Making inappropriate inquiries or requests to the Company;

(5)   Providing benefit to or otherwise cooperating with anti-social forces;

(6)   Conduct in violation of laws, and regulations, these Terms etc., or public order and morals, conduct that interferences with the operation of the Services, conduct that harms the reputation of the Company or causes harm to the Company’s assets, or conduct that causes disadvantage to a third party or the Company;

(7)   Conduct that infringes on the copyrights, trademarks, patent rights or other intellectual property rights, honor, privacy rights, other or statutory or contractual rights of the Company or a third party;

(8)   Conduct that interferes with or impedes operation of the Services by the Company or use of the Services by other Users;

(9)   Conduct that promotes conduct falling under any of the preceding items; and

(10) Other conduct that the Company determines is inappropriate.

  1. In cases where the Company determines that a User violated or is likely to violate these Terms etc., the Company may, without the provisions of any prior notice to the User, take measures that the Company deems to be necessary and appropriate (including without limitation suspension of use of the Services, deletion of a Registered User’s account, and cancellation of purchase contracts with the User), and the Company shall not bear any liability whatsoever even if the User incurs damage as a result of those measures.

 

Article 19. Disclaimers

  1. Except in the case of intentional misconduct or gross negligence on the part of the Company, the Company shall not bear any liability whatsoever for damage incurred by Users as a result of interruption of the Services or loss of data due to the failure or malfunction of communications lines, computers, and so on.
  2. Even in the case where the Company bear liability to pay compensation for damage to a User as a result of non-performance of obligations or unlawful conduct, except in the case of intentional misconduct or gross negligence on the part of the Company, regardless of whether the damage was foreseeable or unforeseeable, the Company’s liability to pay compensation for damage shall be limited to direct and ordinary damages actually incurred by the User and the amount of damages shall be limited to 10,000 yen.

 

Article 20. Validity of these Terms

  1. Even if an individual provision of these Terms is deemed invalid in whole or in part pursuant to laws and regulations, that provision other than the portion deemed invalid and the other provisions of these Terms shall remain valid.
  2. Even if a portion of the provisions of these Terms are deemed invalid or cancelled in relation to a Certain User, these Terms shall remain valid in relation to other Users.

 

Article 21. Language

The official version of these Terms shall be in the English language. Even if translations of these Terms in other languages are prepared, such translations shall have no effect whatsoever, and only the official English version shall be valid as an agreement.

 

Article 22. Governing Law and Court of Competent Jurisdiction

  1. These terms shall be governed by and construed in accordance with the laws of Japan.
  2. In the event of a dispute between the Company and User relating to the Services, the Tokyo district court shall be the exclusive agreed court of first instance.