terms of service
When you use the online store (hereinafter referred to as the "Service") operated by Nicoa Corporation (hereinafter referred to as the "Company"), you agree to the following terms of use.
◆It is prohibited for customers to reproduce, copy, store or transfer the contents of this service without our permission. Our company reserves the right to delete any information registered or posted by customers at our discretion without notifying customers. However, our company is under no obligation to monitor or delete any information on this service under any circumstances.
◆You shall not take any action that threatens, restricts, or interferes with the rights of our company or other third parties regarding this service, or that may have the potential to do so.
◆We will endeavor to appropriately handle, manage, and maintain your personal information in accordance with the privacy policy established by our company. Please see the privacy policy for the personal information protection policy of this site.
◆We do not guarantee the completeness, accuracy, reliability, or usefulness of any information obtained through this service.
◆We shall not be held responsible for any damage caused to other users or third parties as a result of using this service.
◆You may not transfer or assign any rights or obligations under these Terms of Use to a third party.
◆We may revise, add to, suspend, change or abolish this service without prior notice. Furthermore, even if the customer suffers damage due to such revision, addition, suspension, change or abolition, we shall not be liable for any compensation.
◆We may change these Terms of Use at any time by displaying the changes on the screen on which the Service is provided, and you will be deemed to have accepted the changes by using the Service thereafter.
◆When using this service, you agree to comply with public order and good morals and to use the service entirely at your own risk.
◆If you cause damage to our company by violating these Terms and Conditions or by using the Service in an unauthorized or illegal manner, our company may claim appropriate compensation for damages (including attorney's fees) from you.
◆If any doubts or disputes arise between you and our company regarding these Terms of Use, we will negotiate and resolve them in good faith. If the matter is still not resolved, the Tokyo District Court or the Tokyo Summary Court shall be the exclusive court of first instance.
◆ Any other matters not specified in these Terms of Use shall be governed by the separate provisions of our company.
◆If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, such provision shall be changed or interpreted so as to effectuate the intent of the original provision to the maximum extent permitted by law, and shall not affect the validity of the other provisions of these Terms of Use.
Membership Terms and Conditions
Article 1 Scope of Application and Changes to These Terms
1. These Terms and Conditions shall apply to the Company and the "Users" defined in Article 4 with regard to the provision and use of the Service.
2. We reserve the right to change these Terms of Use without obtaining prior consent from the user. The changed Terms of Use will come into effect at the time of change.
Article 2 Definition of Member <br data-mce-fragment="1">A Member is a customer who has approved these Terms and Conditions, registered as a Member through the procedures specified by the Company, and been accepted by the Company. If the person wishing to register as a Member is a minor, the person will be deemed to have obtained prior consent from a competent legal representative, such as a parent or guardian.
Article 3 Use of the Service
1. Users shall use the Service in accordance with these Terms and Conditions and any other provisions set forth separately by the Company.
2. We reserve the right to change the content of this Service without prior notice to users.
Article 4 User "User" refers to a person who uses this service by browsing, purchasing, etc. In addition, by using this service, the user is deemed to have agreed to these terms and conditions.
Article 5 Membership Registration <br data-mce-fragment="1">We will provide Users with a membership program as determined separately by us, and Users agree in advance that membership registration may be a condition for using the Service.
1. Membership registration shall be completed by the person who wishes to register as a member via the online member management screen (such as "My Page") or by a method specified by our company.
2. If an applicant for membership registration falls under any of the following items, the Company will not approve the application for membership registration.
(1) If it is discovered that the person who wishes to register as a member has previously been subject to cancellation of their membership due to a violation of the terms and conditions (including but not limited to these Terms) of any service provided by our company. (2) If it is discovered that the person who wishes to register as a member has previously, without a valid reason, delayed payment of fees or other obligations, refused to accept products, or otherwise defaulted on obligations in relation to any service provided by our company. (3) If our company reasonably determines that approving the registration would be inappropriate for the operation and management of our store.
Article 6 Registration of Email Address and Password <br data-mce-fragment="1">When registering as a Member, the Member will register an email address and password, and the Company will authenticate the Member using the unique combination of this email address and password.
Article 7 Management of Registration Information
1. If any change occurs in the registered information of a Member, the Member must change the registered information without delay using the method specified by the Company.
2. Members shall manage their email addresses and passwords at their own responsibility.
3. Members shall not lend, transfer, share, change the name of, buy or sell, pawn, etc. their personal email address and unique password combination to a third party, and shall not disclose it to a third party.
4. Members shall be responsible for damages caused by insufficient management of email addresses and passwords, errors in use, use by third parties, etc., and the Company shall not be held liable in any way unless exemption from liability is not permitted by law. If a password registered by a member is used, the Company may deem that the password was used by the member himself/herself.
5. If a Member finds that his/her email address and password have been illegally used by a third party, he/she shall immediately contact the Company and follow any instructions given by the Company.
Article 8 Services Provided
1. The services that we provide to our members shall be those listed in the following items.
(1) Product sales services (2) Information provision services (3) Various services to be provided in the future
Article 9 Use of the Service and Benefits
1. Members acknowledge in advance that, notwithstanding the provisions of this Article, if the Company is unable to verify their membership, they will not be able to receive the benefits. Members may not transfer or exchange the benefits and their rights to a third party for cash. The Company may change, revise, or abolish all or part of the benefits without prior notice.
2. By registering as a member, members can receive various information services such as e-mail delivery. Members acknowledge in advance that e-mails and direct mails will be delivered to all members regardless of their selection, and that all communication costs required to receive e-mails, view the site, etc. will be borne by the user.
Article 10 Cancellation Procedure
1. Members may cancel their membership at any time by submitting a cancellation request to the Company. Even if a Member rejoins the Service, the data on the number of purchases and purchase amounts lost due to cancellation, as well as the right to receive benefits, will not be restored. If a Member re-registers as a Member after canceling their membership, the Company may treat the said registration as a new membership registration, but the Company may, at its discretion, limit the granting of membership benefits to such Members.
2. Cancellation of membership to the service must be done by the Member himself/herself via the online management screen for members (such as "My Page") provided at the time of application for cancellation or by a method specified by the Company.
3. We may retain user information for a certain period of time even after a user cancels their membership.
4. When a member dies or begins bankruptcy proceedings, the member will be considered to have withdrawn from the service at that time. Furthermore, all membership rights will not be subject to inheritance.
Article 11 Suspension of use of Members' Services and Loss of Membership Status and Benefits <br data-mce-fragment="1">If a member falls under any of the following items, the Company may withhold or suspend the member's use of Members' Services or revoke the member's membership without prior notice.
(1) If you violate these Membership Terms and Conditions. (2) If you violate the "Online Store Terms of Use" separately established by our company. (3) If the Membership Information is false or the prescribed change procedures are not followed, causing disruption to our business. (4) If it is discovered that the person who wishes to register as a Member has previously been subject to cancellation of their membership due to a violation of the terms and conditions (including but not limited to these Terms and Conditions) related to any service provided by our company. (5) If it is discovered that the person who wishes to register as a Member has previously delayed payment of fees or other obligations, refused to accept products, or otherwise defaulted on obligations related to any service provided by our company without a valid reason. (6) If it is discovered that you have committed any of the acts listed in Article 10 of these Terms and Conditions (Prohibited Acts) in the past. (7) If you have not used the services listed in Article 6 of these Terms and Conditions for five years. (8) If our company reasonably determines that approving your registration would be inappropriate for the operation and management of our store.
Article 12 Prohibited Acts <br data-mce-fragment="1">Users shall not engage in the following acts.
(1) Providing false information when registering as a member
(2) Any act that interferes with the operation of the Service or that may cause disruption to the Service.
(3) Using the Service with a fraudulent credit card
(4) Unauthorized use of email addresses and passwords
(5) Any act that causes or may cause inconvenience, disadvantage or damage to other users, third parties or the Company
(6) Any act that violates public order and morals or other laws and regulations, or that may be in violation of such laws and regulations
(7) Any other act that the Company deems inappropriate
Article 13 Use of Personal Information
1. Any personal information of members that our company learns in connection with the use of this service will be handled in accordance with laws and regulations and the "Privacy Policy" separately stipulated by our company.
2. We will use the member's email address only for the purpose of providing login information, contact from our company, and various information services.
3. The Member agrees that the Company may provide the Member's personal information, such as the Membership Management Number, to the Company's affiliated companies with which it has concluded a confidentiality agreement, to the minimum extent necessary to achieve the purpose of use, after taking protective measures, in the following cases: ① To provide information as specified in Article 7, Paragraph 1 of these Terms of Use
Article 14: Changes to and Termination of Membership Terms and Conditions <br data-mce-fragment="1">These Membership Terms and Conditions and their operation may be changed, revised, abolished or terminated without prior notice to Members, and Members shall accept this in advance. Any changes to these Terms and Conditions shall come into effect at the time of such changes.
Article 15 Purchase of Products
1. Users may use this Service to purchase Products in accordance with the methods separately specified by our company.
2. Users shall apply to purchase Products etc. using the methods specified by our company.
3. In accordance with the application in the preceding paragraph, our company will confirm the order details and send an email to the user to confirm its acceptance, at which point a sales contract for the relevant product will be concluded between the user and our company.
4. Notwithstanding the provisions of the preceding paragraph, if any of the following items apply to the use of our service, or if our company determines that such a case applies, our company may cancel or terminate the sales contract or take other appropriate measures (collectively, "Cancellation, etc."). Our company shall not guarantee or bear any responsibility for damages, losses, disadvantages, etc. arising from the cancellation, etc. of the sales contract.
1) If it is discovered that the user has previously violated these Terms of Use.
2) If it is discovered that the user's information contains false information, errors, or omissions.
3) If the fulfillment of obligations incurred by the user is uncertain.
4) If the user engages in or is at risk of engaging in fraudulent sales (including, but not limited to, purchases for profit such as resale, and purchases while impersonating a third party), or if the user has engaged in fraudulent sales in the past.
5) If the product is sold out or cannot be procured for other reasons.
6) If a defect is found in the product and a replacement is not available.
7) Other cases where cancellation, etc. is necessary.
5. After the sales contract is concluded, we will carry out the delivery procedures for the products, etc. according to the order details. In addition, the user agrees in advance that there may be delays in delivery depending on the delivery area and delivery conditions.
Article 16 Payment Method
1. The payment amount for the product is the total of the product purchase price, including consumption tax, and necessary costs such as shipping and handling fees. For overseas shipping, import duties are not included in the purchase price. You may be required to pay import duties when receiving the product.
2. Payment for purchased items must be made by credit card in the member's name.
3. If payment is made by credit card, the member shall comply with the terms of a separate contract between the member and the credit card company. If any dispute arises between the member and the credit card company in relation to the use of the credit card, the member and the credit card company shall be responsible for resolving the dispute.
Article 17 Return or Exchange of Products <br data-mce-fragment="1">Products may only be returned or exchanged in cases where the product is damaged during delivery, has a defect, is sent by mistake, is a counterfeit or pirated, or for other reasons attributable to our company. Please note that even if you wish to exchange the product for a substitute product, we may not be able to do so due to reasons such as the product being out of stock. In such cases, our company will refund the amount paid for the product in question using a method specified by our company.
Article 18 Cancellation of Order <br data-mce-fragment="1">Orders cannot be canceled for personal reasons after they have been confirmed.
Article 19 Disclaimer Regarding Products, etc. <br data-mce-fragment="1">With regard to the products sold through this Service, the Company shall not guarantee or bear any liability for damages or other issues with regard to their quality, materials, functions, performance, compatibility with other products, or other defects, or for any damage, loss, disadvantage, etc. caused by these, except in cases where the Company is liable for such damages.
Article 20 Disclaimer and Others
1. In the event that the Service provides links to other websites or resources, or links to the Service from third-party websites or resources, the Company shall not be held responsible for the content, use or results of the linked website (including, but not limited to, legality, validity, accuracy, reliability, safety, up-to-dateness and completeness). In addition, if the Company reasonably determines that the content of the linked website or resource is illegal or inappropriate for the management and operation of the Service, the Company may delete the linked website without any notice to the Member.
(1) In the event of a natural disaster such as a fire, earthquake, flood, lightning, or heavy snow.
(2) In the event of war, civil unrest, terrorism, riots, disturbances or other social unrest.
(3) If you are unable to receive appropriate services from the telephone company, shipping company or provider with which we have a contract in relation to the operation of this Service.
(4) If a technical issue arises that the Company is unable to resolve.
2. Members shall bear all costs associated with the preparation and installation of computer and communications equipment necessary to use this service, as well as telephone and fax charges, Internet connection charges, line usage fees and other communications charges, labor costs and all other expenses incurred in using the members' service.
3. If a member's data is lost or becomes unreadable due to a breakdown or problem with the online store's computer equipment or communication equipment used to provide this service, or a communication line failure, etc., our company may immediately cancel the member's registration or suspend member services without notice and without conditions.
4. If a Member causes any damage to other users or third parties through the use of the Service, the Member shall resolve the matter at his/her own responsibility and expense and shall not cause any damage, loss, disadvantage, etc. to the Company.
5. We shall not be liable for any damages (including mental distress or any other disadvantage, including monetary loss) arising from the use of the Service (including the provision of information by us in connection therewith) unless we are guilty of intentional or gross negligence.
6. We shall not be liable for any damages suffered by a user as a result of any wrongful acts, such as unauthorized access to data related to the Service or the introduction of a computer virus, despite the reasonable security measures taken by us.
7. We shall not be liable for any damages incurred by a member as a result of his/her inability to use the Members Service, regardless of the reason.
8. Even if the Company is liable, unless the Company is guilty of intentional or gross negligence, the Company's liability shall be limited to direct and ordinary damages.
Article 21 Prohibited Acts <br data-mce-fragment="1">Users shall not engage in any of the following acts. In the event that a violation of this rule causes damage to the Company or a third party, the User shall be liable to compensate for all such damages.
(1) Any act that causes or may cause inconvenience, disadvantage, or damage to other users, third parties other than other users, or our company
(2) Any act that infringes or may infringe the copyright or other intellectual property rights, portrait rights, personality rights, privacy rights, publicity rights, or other rights of other users, third parties other than other users, or our company.
(3) Using the Service for commercial purposes (excluding those approved in advance by the Company)
(4) Any act that is contrary to public order and morals or that violates laws and regulations or that may be likely to do so.
(5) Registering information that contains false or misleading content
(6) Any act of using content obtained through the Service for any purpose other than personal use
(7) Copying, selling, publishing, distributing, making public, or engaging in any other similar acts, any content obtained through the Service via other users or third parties other than other users
(8) Collecting, storing, or saving personal information of other users
(9) Uploading to the Service or transmitting by email or other means any content, such as computer viruses, computer codes, files, programs, etc., designed to disrupt, destroy, or limit the functionality of computer software, hardware, or telecommunications equipment
Article 22 Intellectual Property Rights
1. All intellectual property rights of the content provided through this service shall belong exclusively to our company.
2. Regardless of the purpose, if any act prohibited by domestic and foreign copyright laws and other laws, such as unauthorized duplication, reproduction, or other unauthorized secondary use of our content, is discovered, our company will immediately take legal action.
3. If any dispute arises with a third party due to violation of the provisions of this Article, the Member shall resolve the dispute at his/her own responsibility and expense and shall not cause any damage, loss, disadvantage, etc. to the Company.
Article 23 Management of Information
1. We will collect the following information regarding the user's access history in order to investigate the user's access history and usage status, or to improve services to the user.
(1) Information about the IP address or mobile device identification number when the user accesses the server of this service
(2) User access information acquired by the Company through cookie technology (a technology that temporarily writes data to a user's computer via a web browser to record and save the date and time when the user last visited the store, the number of times the store was visited, etc.)
2. The User shall acknowledge in advance that if the User sets the web browser to reject cookies, the User's use of the Service may be restricted.
Article 24 Maintenance of the Service <br data-mce-fragment="1">In order to maintain the good operating status of the Service, our company may temporarily suspend or terminate the provision of the Service in whole or in part without prior notice to users in any of the following cases:
(1) In the case of regular or emergency maintenance of the computer system (hereinafter referred to as the "System") used to operate the Service
(2) When operation of the system becomes difficult due to natural disasters such as fire, earthquake, flood, lightning, heavy snow, etc.
(3) When the operation of the system becomes difficult due to social unrest such as war, civil unrest, terrorism, riots, or disturbances.
(4) When operation of the system becomes difficult due to a system malfunction, unauthorized access from a third party, infection by a computer virus, etc.
(5) When requested by an administrative or judicial body based on reasonable grounds.
(6) Any other case in which the Company determines it is necessary to suspend or discontinue the System.
Article 25: Changes to and Termination of Membership Terms and Conditions <br data-mce-fragment="1">These Membership Terms and Conditions and their operation may be changed, revised, abolished or terminated without notice to Members, and Members shall accept this in advance. The changed Terms and Conditions will take effect at the time of change.
Article 26 Governing Law
1. The establishment, validity, performance and interpretation of these Terms and Conditions shall be governed by Japanese law.
2. If any problem arises regarding the use of this service that cannot be resolved by these terms and conditions, the member and our company shall negotiate in good faith to resolve the issue.
Article 27 Jurisdiction <br data-mce-fragment="1">If a dispute arises between a Member and the Company regarding these Membership Terms and Conditions, the district court having jurisdiction over the location of the Company's head office shall be the exclusive court of first instance.