1. “Japhorism” is the website/online store operated by Japhorism. (hereinafter to be referred as “the company”).
2. Japhorism has stipulated the following terms and conditions (hereinafter to be referred as “these terms and conditions”) while making use of services on Japhorism website.
Chapter 1 General Rules
Clause 1 Scope of these terms and conditions and alterations
1. These terms and conditions are stipulated for the use of common services “hereinafter to be referred as “these services”) on the “Japhorism Official site” operated by the company.
2. These terms and conditions are applicable to all the users (defined in Clause 3) while making use of these services.
3. Without any prior intimation to the users, the company can change all or some of the terms and conditions depending on the need and it may publish some information regarding the change on the site or may announce or inform the users via appropriate methods such as email.
4. When all or some of the terms and conditions are changed, the new terms and conditions will be applicable while making use of services of this site and the users must follow the changed terms and conditions.
Clause 2 Using these services
Users will use these services by following the rules, regulations, circulars, these terms and conditions and confidential information protection policy, privacy policy stipulated by the company.
Chapter 2 Users
Clause 3 Users
Term users indicates people who search, view or use content of images, text, design, logo, video, programs, ideas and information etc. (hereinafter to be referred as “content”) provided in these services by the company upon understanding and agreeing to all these terms and conditions.
Chapter 3 Membership
Clause 4 Membership
Term members indicates people who have applied for membership registration following the procedure prescribed by the company upon understanding and agreeing to all the contents of these terms and conditions and who have been recognized as member by the company.
Clause 5 Member’s Registration
1. Users who want to register themselves as a member should personally apply for registration by following the methods specified by this company separately and by entering mail address and password. Proxy applications will not be accepted.
2. The company will send registration confirmation email when the application mentioned in item 1 will be approved and upon receiving this email, the applicant will be registered as a member.
3. The company will not approve the corresponding registration in case of either of the following conditions:
(1) If it is found that the applicant had violated any contract (including these terms and conditions, however may not be restricted to only these terms and conditions) related to some service provided by the company in the past and was subjected to the punishment of suspension of the membership
(2) If it is found that some false items are included in applicant’s application
(3) If it is found that the applicant had delayed payment liabilities of amount etc. for some service provided by the company without any appropriate reason in the past, or had failed in performing obligations such as not accepting the products for a longer time, refusal for return/exchange
(4) If it is found that the applicant has performed any action mentioned in clause 18 of these terms and conditions (prohibited actions)
(5) If the company rationally determines that approving an application will not be appropriate considering the operations/management of this service.
Clause 6 Changes in registration information
1. In case of partial or complete change in information registered with the company, the member should inform about the changed content immediately to the company by following the method specified by the company separately. When there are no subsequent changes, execution of the company’s operations based on the already registered information will be considered correct and valid.
2. The company will not be responsible for any losses occurred if the changes are not registered on time by the user.
Clause 7 Suspension of this service and cancellation of membership registration
If the member is found applicable to any of the following conditions, the company keeps every right to stop usage of a particular service, to suspend the membership or to take any measure that the company finds appropriate for a particular member without any prior notification to the member. In this case, the company will not be responsible to disclose the reason of a particular measure taken by the company. Further, if the member is forced to stop usage of the services or if the membership of the member is suspended, the member targeted for these measures will still be responsible for the responsibilities of these terms and conditions such as any payment obligation generated out of use of any services in the past.
(1) If it is found that the membership of the member was suspended in the past due to violation of contract related to some service provided by the company
(2) If it is found that the registered contents have some false content
(3) If it is found that the applicant had delayed payment liabilities of amount etc. for some service provided by the company without any appropriate reason in the past, or had failed in performing obligations such as not accepting the products for a longer time, refusal for return/exchange
(4) If the applicant is found performing any actions of clause 18 (prohibited items) of these terms and conditions in the past
(5) If the applicant is found violating some stipulations of contracts prescribed by the company (including these terms and conditions, however may not be restricted only to these terms and conditions)
Clause 8 Membership cancellation procedure
Member can cancel the membership anytime following the procedure prescribed by the company. The membership will stand cancelled from the time when the company will accept the cancellation request.
Clause 9 ID and Password management
1.The member will be responsible for managing/protecting the user ID and password set by the member during member registration.
2. The member is not supposed to transfer, sale, inherit, lend, show or reveal the user ID and password to the third party unless otherwise mutual consent is obtained from the company.
3. If the member finds out that the user ID and password is being misused by the third party or any possibility of misuse, the member must inform the same to the company immediately.
4. The member will be responsible for any losses occurred due to mismanagement of user ID or password, malpractices/false handling during usage, unauthorized use by the third party etc. and the company will not be responsible at all.
Clause 10 Handling of confidential information
1. The company will collect and use individual information of members such as name, address, telephone number, mail address only for purposes such as to manage members including confirmation of orders placed for products sold by the company, delivery related communication of products, new registration or membership cancellation, to send mail magazine to members who have requested for a mail magazine, to provide/communicate point services, to conduct campaigns or questionnaires, to do marketing analysis (sales results analysis/access analysis etc.), to introduce or advertise the company’s services, to support any enquiries related to products or services sold by the company, to support any enquiries related to history of credit card.
2. The confidential information obtained while making use of the services will be handled according to the “Confidential information privacy policy” stipulated by the company separately.
Chapter 4 Purchase of goods
Clause 11 Purchase of products
1. Members can purchase products of the company using these services.
2. If members are interested in purchasing products etc., purchase of products or services should be applied following the methods specified by the company separately.
3. The contract for sale regarding appropriate products etc. will be considered established between the member and the company when the applicant clicks “Place Order” button after confirming entered/registered delivery address/order contents etc. following the above condition, confirms order contents from the company and receives an email from the company accepting the order.
4. Irrespective of the terms mentioned above, if any fraud or any inappropriate action is found regarding the services, the company can cancel, release the contract of sale or can take any other appropriate measure.
5. Once the sales contract is established, the company will deliver the products etc. according to the contents of the order. However, the delivery of products etc. through the services may get delayed depending on the delivery location or the delivery conditions.
Clause 12 How to make payment
1. The payment amount of products etc. will be total of consumption tax and purchase price.
2. Regarding payment of products etc. purchased using these services, only the payment from credit card with member’s name and payment from other payment methods stipulated by the company separately will be accepted.
3. In case of payment with credit card, all the conditions that have been separately agreed upon between the member and the credit card company will be applicable. Further, if any kind of dispute occurs between the member and the credit card company regarding usage of credit card, the member and the credit card company will be responsible to resolve the same.
Clause 13 Cancellation of order
Due to the electronic nature of the products sold on this site, order once completed, cannot be cancelled
Clause 14 Exemptions regarding products
1. The company will not be responsible for any guarantee or burden such as compensation for losses etc. regarding these services and the products sold through these services, quality of products, quality of material, functions, performance, compatibility with other products, any other defects or any losses, deficits, disadvantages if any, only except during the situations mentioned above.
Chapter 5 Usage of services
Clause 15 Services provided
The company will provide the following services as a part of these services.
1. Member must make use of member’s page (defined in clause 16).
2. Link destinations from these services must be viewed.
Clause 16 Usage of member’s page
Members can make use of member’s page prescribed by the company. Members can view each function on the member’s page displayed after logging and can enter/edit/update/delete the information for each function.
Clause 17 Exceptional Items
1. When any link to another website or resources from these services or any link from other website or resource to these services is provided, the company will not be held responsible for content, usage and result (legality, validity, correctness, certainty, safety, newness and completeness) of the corresponding links. Further, if the company finds that content of other links or websites is illegal or not appropriate to manage/operate these services, the company may directly delete the corresponding links without any notification to the members.
2. In case of any transaction with the company performing advertisements in these services (including prize promotion, however may not restrict only to this) or promotion (including participation in prize promotions, however, may not restrict to only this), the users will perform any transaction with the advertisement company on their own responsibility and the company will not be responsible for any kind of transaction. The company will not provide any guarantee for payment of substitute products, for any decision, assurance or collateral of the contract conditions, for any content/conditions of transactions related to validity of license etc. Further, the company will also not be responsible for any damages to the member occurred due to transactions taken place via advertisements or promotions published on the company’s services.
3. Even if the company discontinues, stops or changes these services temporarily in the following situations and if the member suffers from any direct or indirect losses, damages, disadvantages etc., the company will not be responsible at all.
（1）in case of natural calamities such as fire, earthquake, flood, stroke of lightening, heavy snow fall
（2）in case of social disorder such as war, domestic warfare, terror attack, riots
3）in case if appropriate service is not received from telecom companies, transport companies or providers hired by the company
4）in case if any situation where technical support by the company is not possible occurs
4. The company will perform its clerical work following the contents registered by the member and will not be responsible for any obligations.
5. If members, while making use of these services, cause any damage or loss to other users or third party, the corresponding member will resolve the dispute by taking the responsibility and paying necessary amount and will not cause any damages, losses and disadvantages to the company.
6. Unless a conscious intention or a gross negligence by the company, the company will not be responsible for any losses (any losses including emotional pain and suffering or financial losses etc.) occurred due to use of these services (including action of providing information followed by a particular service by the company).
7. Irrespective of all the appropriate safety measures taken by the company, if any losses occur to the user due to false access to data related to these services or due to false actions such as computer virus incorporation, the company will not be held responsible for any kind of loss.
8. If the company stands responsible, unless a conscious intention or a gross negligence by the company, the company will be responsible only for the direct and ordinary losses.
Clause 18 Prohibited items
The users must not perform any of the following actions. If users violate these terms and if any damage occurs to the company or to the third party, the concerned user will be responsible for all the losses and compensations.
1. any action causing nuisance, disadvantage or loss to other users, to the third party other than the users or to the company, or any action having possibility of causing loss
2. any action violating intellectual property rights such as copy rights, publicity rights, personal rights, privacy rights, or any other rights of other users, third party other than the users or of the company, or any action having possibility of violation
3. any action performed for making commercial use of these services (except actions already approved the company)
4. any action violating public order and morality or any action violating laws and regulations or any action having possibility of violation
5. any action of registering information including false or confusing content
6. any action including use of content obtained from these services for any purpose other than private use
7. any action of copying, selling, publishing, exposing or any other similar action of content obtained through these services from other users or the third party other than the users
8. any action including collection, storing or saving of other user’s information
9. any action including uploading content of computer virus, computer code, file or program etc. or sending content via email etc. which is being set to block, damage or control the functions of computer software, hardware, communication devices
10. any other action determined as inappropriate by the company that may assassinate/ruin the company’s reliability
Clause 19 Intellectual property rights
1. The intellectual property rights of content provided by these services will belong to the company or to the third party having license given by the company. Based on registration prescribed in these terms and conditions, the license of these services does not indicate license of intellectual property rights related to the company’s website or related to these services.
2. If any action involving illegal copying of the company’s content, illegal transfer or any other illegal secondary use irrespective of the objective is found which is being prohibited according to the domestic and international Copyright Act and any other law, the company can immediately take necessary legal measures.
3. If any dispute occurs between the member and the third party violating the regulations in this clause, the member will resolve the dispute by taking the responsibility and paying necessary amount and will not cause any damages, losses or disadvantages to the company.
Chapter 6 Operations of services
Clause 20 Information management
1. The company can collect the following information related to user’s access in order to investigate user’s access history and usage conditions or to improve the services to the users.
(1) Information related to IP address while accessing these service’s server or airframe wise number of mobile terminals
(2) Access information of users obtained by the company through cookies (a technique to store and save date and time of user’s last visit, frequency of visiting a particular site by temporarily writing data in user’s computer through Web browser)
2. The user should understand that if the user has made a setting to refuse cookies in web browser, the user may find some limitations while making use of the services.
Clause 21 Maintenance of the services
The company, in order to maintain the operability of these services in good condition, may discontinue or stop all or part of these services temporarily without any prior notification to users in case of any of the following:
1. During periodic maintenance or emergency maintenance of computer system (hereinafter to be referred as “system”) used to provide these services
2. When it is difficult to operate the system due to natural calamities such as fire, earthquake, flood, stroke of lightening, heavy snow fall
3. When it is difficult to operate the system due to social disorder such as war, domestic warfare, terror attack, riots
4. When it is difficult to operate the system due to some defect in system, false access by any third party or due to computer virus
5. When requested by any administrative agency/judicial agency based on appropriate grounds
6. Other than above, when the company determines any unavoidable discontinuation/interruption of system
Clause 22 Alterations in content of the services
The company can change content of the services or can stop any of the services without any approval from the user. Even if the company changes any service content or stops a particular service, the company will not be responsible for any losses to the user.
Clause 23 Others
1. The users should not assign or should not keep as collateral the rights and obligations of position of users related to these services and corresponding rights and obligations.
2. If any problem occurs regarding these services and if it is not resolved with these terms and conditions or any guidance/support from the company, the same will be discussed within the company and the user and will be mutually resolved.
3. If any legal action is required regarding usage of these services, Tokyo District Court will be considered as the first exclusive jurisdiction place.
Appendix: These terms and conditions will be applicable to all the users starting from 1st April, 2016.
For any enquiries related to these terms and conditions or these services, please contact
Email: info@japhorism.com
