OKAIMON Terms of Service
Article 1 (Purpose)
These "OKAIMON Terms of Service" (hereinafter, "these Terms") set forth the conditions of use of the service "OKAIMON" (hereinafter, "the Service") provided or operated by Grassco (hereinafter, "we" or "us"), between customers who use the Service (hereinafter, "Users") and us.Article 2 (Application)
1. These Terms shall apply to all relationships between Users and us relating to the use of the Service.2. In addition to these Terms, we may establish various rules regarding the use of the Service (hereinafter, "Individual Provisions"). Regardless of their name, these Individual Provisions shall constitute part of these Terms.
3. If any provision of these Terms conflicts with the provisions of the Individual Provisions in the preceding paragraph, the provisions of the Individual Provisions shall prevail, unless otherwise specified therein.
Article 3 (Content of the Service)
The Service is a service in which we undertake and carry out the purchasing agency of specific products in response to a User's request to act as an agent for shopping, etc.Article 4 (Consent to the Terms)
1. Users must use the Service in accordance with these Terms. Users may not use the Service unless they give valid and irrevocable consent to these Terms.2. Users shall be deemed to have given valid and irrevocable consent to these Terms by actually using the Service.
3. Where Individual Terms of Use exist for the Service, Users must use the Service in accordance with the Individual Terms of Use in addition to these Terms.
Article 5 (Requesting Purchasing Agency Services)
1. Users entrust us with the performance of the following operations (hereinafter, "the Operations"), and we accept such entrustment.(1) Purchasing agency operations for products
(2) Other operations incidental and related to the preceding item, entrusted by Users from time to time
2. In carrying out the Operations, we may re-entrust the whole or part of the Operations to individuals or corporations affiliated with us, and Users, by consenting to these Terms, approve of such re-entrustment by us.
3. We shall carry out the Operations with the care of a good manager, and in accordance with the User's instructions, purchase the product designated by the User (hereinafter, "the Designated Product") from the store designated by the User (hereinafter, "the Designated Store"). We shall deliver the Designated Product to the delivery address designated by the User (hereinafter, "the Designated Delivery Address") by the delivery date we designate (hereinafter, "the Designated Delivery Date").
4. If the User does not give instructions regarding the Designated Store set forth in the preceding paragraph, we shall purchase the Designated Product from a store where it is available.
5. The Operations shall be completed upon our shipment to the Designated Delivery Address.
6. When a User transmits information regarding the Designated Store, Designated Product, designated budget, designated quantity, Designated Delivery Date, Designated Delivery Address, and other information related to the Operations (hereinafter collectively, "Delivery Information") to us through our designated system (hereinafter, "Request Registration"), and we accept the order on our designated system, an individual contract regarding the Operations (hereinafter, "Individual Contract") shall be formed between the User and us. In carrying out the Operations, we shall comply with the matters stipulated in applicable laws and regulations, strive to maintain the User's external credibility, and take every precaution to prevent accidents so as not to interfere with the User's business.
7. After a User completes Request Registration, if the content of the request is inappropriate or for other reasons, we may, at our discretion, cancel the Request Registration before an Individual Contract is formed. However, we shall bear no responsibility for any damage suffered by the User as a result of cancelling the Request Registration.
Article 6 (Service Fees and Payment Method)
1. Users shall pay the service fee separately determined by us and displayed on this website as consideration for the Operations.2. Users shall pay the service fee by credit card or cash on delivery. In this case, we shall collect payment from Users as a merchant of the credit card company.
3. The timing of payment shall be in accordance with the credit card used by the User.
Article 7 (Cancellation Policy)
1. After an Individual Contract as set forth in Article 5 is formed between us and a User (i.e., when the User has transmitted Delivery Information to us and we have accepted such information), the User may not cancel the order under any circumstances.2. As set forth in the preceding paragraph, in principle, cancellation by a User is not permitted after an Individual Contract is formed. If a User cancels after an Individual Contract is formed, the User shall pay us a fee equivalent to the service fee.
Article 8 (Privacy, etc.)
1. We shall appropriately handle Users' privacy information and personal information in compliance with our Privacy Policy and relevant laws and regulations concerning the protection of personal information.2. Users and we shall keep confidential any proprietary technical, business, or other operational information (hereinafter, "Confidential Information") disclosed by the other party or acquired in the course of performing the Operations, and shall not disclose, reveal, or leak the acquired Confidential Information or the contents of this Agreement or Individual Contracts to third parties (excluding our re-entrustment recipients) without the other party's prior written consent, nor use it for purposes other than the purposes of this Agreement or Individual Contracts. However, this shall not apply where such disclosure is required by law or requested by relevant authorities.
3. The confidentiality obligation under the preceding paragraph shall not apply to the following Confidential Information:
(1) Information that was publicly known at the time of receipt, or that became publicly known after receipt through no fault of the User or us
(2) Information that was already held prior to receipt from the User or us
(3) Information lawfully obtained from a third party without a confidentiality obligation
(4) Information independently developed without reliance on information from the other party
Article 9 (Prohibited Acts)
1. In using the Service, Users shall not engage in the following acts:(1) Acts that violate laws or public order and morals
(2) Acts related to criminal activity
(3) Acts that infringe copyrights, trademark rights, or other intellectual property rights included in the content of the Service
(4) Acts that destroy or interfere with the functions of our, other Users', or third parties' servers or networks
(5) Acts that commercially use information obtained through the Service
(6) Acts that may interfere with our operation of the Service
(7) Unauthorized access, or attempts thereof
(8) Acts that collect or store personal information regarding other Users
(9) Acts that use the Service for improper purposes
(10) Acts that cause disadvantage, damage, or discomfort to other Users of the Service or third parties
(11) Acts of impersonating other Users
(12) Advertising, promotion, solicitation, or business activities on the Service not approved by us
(13) Acts aimed at meeting people of the opposite sex whom the User does not know
(14) Acts that directly or indirectly provide benefits to anti-social forces in connection with our services
(15) Acts that assist or encourage any of the acts in (1) through (14) above
(16) Other acts that we deem inappropriate
Article 10 (User Responsibility)
1. Users shall use the Service at their own responsibility, and shall bear sole responsibility for any acts performed through the Service and their results.2. If we determine that a User is using the Service in violation of these Terms, we will take measures we deem necessary and appropriate. However, we bear no obligation to prevent or correct such violations.
3. If we suffer any direct or indirect damage (including attorney's fees) arising from a User's use of the Service (including cases where we receive claims from third parties due to such use), the User shall immediately compensate us in accordance with our request.
Article 11 (Items Excluded from Purchasing Agency)
Users may not entrust us with purchasing agency for the following items:(1) Large items that are difficult to transport
(2) Items requiring a license to purchase on behalf of others
(3) Living creatures
(4) Cash, bills, securities, and other items embodying currency or rights
(5) Explosive or otherwise dangerous items such as gunpowder or poisonous drugs
(6) Firearms, illegal drugs, and other items whose possession or acquisition is restricted by law
(7) Items with age restrictions, such as alcohol and tobacco (excluding cases where the User is of legal purchasing age)
(8) Other items we deem inappropriate
Article 12 (Provision of the Service)
1. Users must prepare, at their own expense and responsibility, the personal computer, smartphone, communication device, operating system, means of communication, and electricity necessary to use the Service.2. We may limit the provision of all or part of the Service to Users who meet conditions such as age, identity verification, presence of registration information, or other conditions we deem necessary.
3. We may suspend or discontinue the provision of all or part of the Service without prior notice to Users if we determine that any of the following circumstances applies:
(1) Maintenance, inspection, or updating of the computer systems related to the Service
(2) Where provision of the Service becomes difficult due to force majeure such as earthquake, lightning, fire, power outage, or other natural disaster
(3) Where a computer or communication line has stopped due to an accident
(4) Other cases where we determine that providing the Service is difficult
4. We shall bear no responsibility for any disadvantage or damage suffered by Users or third parties due to the suspension or discontinuation of the Service.
Article 13 (Disclaimer)
1. If the scope of the Designated Product is not clear, we may purchase the product that we reasonably determine to be within the scope of the Designated Product, and the User shall not object to our choice of such product.2. If the Designated Product that a User has entrusted us to purchase is sold out at the Designated Store, we may cancel the Operations, and we bear no responsibility for searching for the Designated Product at stores other than the Designated Store.
3. If transportation of the Designated Product is difficult, we may cancel the Operations. In such cases, the User is not required to pay the fee for this service.
4. Where a designated budget is set and the sale price of the Designated Product exceeds the designated budget, we will not purchase the Designated Product. Also, if the stock of the Designated Product at the Designated Store is less than the designated quantity, we shall purchase only the available stock at the Designated Store, and bear no obligation to purchase the shortfall at other stores. If the sale price of all Designated Products exceeds the designated budget and nothing is purchased, the User is not required to pay the fee for this service.
5. If there is an error or deficiency in a User's description of the Designated Product, or if we reasonably determine and purchase a product despite deficiencies in the description, the User may not refuse to receive the Designated Product and shall pay us the fee for this service. If the User's description of the Designated Product is ambiguous and we cannot identify the product, we will not purchase the product.
6. If we purchase and pay for the Designated Product that a User entrusted us to purchase at the Designated Store, but are unable to receive the product due to circumstances at the Designated Store, we may cancel the Operations. In such cases, we bear no responsibility, and the purchase price, etc. shall be borne by the User.
7. Users acknowledge that delivery of the Designated Product may be delayed beyond the Designated Delivery Date, and may not refuse to receive the Designated Product or refuse to pay the price on the grounds of such delay.
8. If, for any reason, we become unable to carry out the Operations, we bear no obligation to arrange a substitute. In this case, the User or we may terminate the Individual Contract, and upon such termination, the User is not obligated to pay the price and we bear no responsibility.
9. If there is a deficiency in the delivery information designated by a User, and the User does not respond to our communication, we may cancel the Operations at our discretion. In this case, we bear no responsibility. The same shall apply where delivery cannot be made to the Designated Delivery Address due to an error in the designated address, etc.
10. We bear no responsibility whatsoever regarding the quality, defects, or defects as defined under product liability law of the Designated Product.
Article 14 (Changes to the Content of the Service)
We may change, add to, or discontinue the content of the Service with prior notice to Users, and Users shall accept such changes.Article 15 (Changes to the Content of the Service and these Terms)
We may change the content of the Service and these Terms at any time, when we determine it necessary, without prior notice to Users. The content of the Service and these Terms after any change shall take effect from the time they are posted on the website we operate, and Users shall be deemed to have given valid and irrevocable consent to these Terms after the change by continuing to use the Service after such change. As we are unable to individually notify Users of the content of such changes, please refer to the latest content of the Service and these Terms from time to time when using the Service.Article 16 (Exclusion of Anti-Social Forces)
1. If either a User or we fall under any of the following items, the other party may immediately terminate this Agreement and any Individual Contract without any prior demand:(1) Being a member of an organized crime group, a related person, or other anti-social force (hereinafter, "Organized Crime Group, etc.")
(2) Where a representative, responsible person, or person who substantially controls management is an Organized Crime Group, etc., or has a close relationship such as providing funds to an Organized Crime Group, etc.
(3) Using fraud, violent behavior, or intimidating language against the other party
(4) Damaging or being likely to damage the honor or credit of the other party
(5) Interfering with or being likely to interfere with the business of the other party
2. Where either party terminates this Agreement or an Individual Contract pursuant to the preceding paragraph, that party shall bear no liability to compensate the other party for any resulting damage.
Article 17 (Governing Law and Jurisdiction)
1. These Terms shall be interpreted with Japanese as the official language, and shall be governed by the laws of Japan.2. In the event of a dispute regarding the Service, the court having jurisdiction over the location of our head office shall have exclusive agreed jurisdiction.
Article 18 (Method of Communication)
1. Communications from us to Users regarding the Service shall be made by posting on an appropriate location within the website we operate, or by other means we deem appropriate.2. Communications from Users to us regarding the Service shall be made by submitting the inquiry form located in an appropriate location within the website we operate, or by other means we designate.
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