Terms of service
Tokion Terms and Conditions
CHAPTER 1 GENERAL PROVISIONS
These Terms and Conditions (the “Agreement”) set out the conditions concerning the use of the information and e-commerce services provided via the Internet and other means as part of the Tokion media commerce business operated by Tokion Japan K.K. (“we”, “us”, “our”), and the rights and obligations between us and persons using the Service (meaning Tokion Members, Tokion Applicants, and Users defined in Article 1). This Agreement should be read in full and the terms agreed to before using the Service. The following definitions apply to the terms used in this Agreement.
Article 1. Definitions
“Service” means the information and e-commerce services we provide via the Internet and other means as part of the Tokion media commerce business, and includes information we provision on social networking services operated by third parties.
“Tokion Member” means an individual who has applied to register as a Tokion Member, pursuant to Article 5, to use the services, and whose registration we have approved.
“Tokion Applicant” means a person seeking to become a new Tokion Member.
“User” means any person (including a Tokion Member and Tokion Applicant) who uses the Service in such a way that does not require becoming a Tokion Member, such as by browsing the Content on the Service.
“Individual Service” means an individual service specified separately by us that Tokion Members can use and receive, where “Individual Service Agreement” means the agreement concerning the Individual Service.
“User Agreement” refers to this Agreement and any Individual Service Agreement concerning the use of the Service established between us and the User.
“Registered Information” means the user information provided to us by Tokion Members that have registered with us.
“Content” includes articles, photographs, information, data, text, software, programs, codes, music, audio, images, videos, and characters.
“User Content” means any Content posted, sent, or uploaded (“Posting”) to the Service by Users.
“Content Dataset” means the Content or database information and data published on the Service (including advertising) or sent by the Service.
“Intellectual Property Rights” means copyrights, patent rights, utility model rights, design rights, trademark rights, and domain names, as well as rights relating to their application and registration.
“Partner” means a third party working with us to provide the Service or a Content Dataset information provider.
Article 2. Application
This Agreement applies to relations between us and Users concerning the use of the Service. The Service may in the future have various services added, amended, or removed.
This Agreement applies, either directly or by mutatis mutandis application, to any Individual Service Agreements that exist concerning Individual Services, unless specified otherwise and unless contrary to the nature thereof, whereby the Individual Service Agreement shall take precedence if any provisions differ from this Agreement.
Article 3. Scope
This Agreement applies to all matters concerning the Service as well as the Content Dataset, User Content, and all other matters concerning the use of the system.
Article 4. Subcontracting
We may subcontract tasks in part or whole to a Partner as required in relation to the provision of the Service to Users.
CHAPTER 2 MEMBERSHIP REGISTRATION AND TOKION MEMBER OBLIGATIONS
Article 5. Membership registration
A Tokion Applicant shall apply to use the Service by completing the procedures prescribed by us, and will be registered as a Tokion Member upon approval of their application by us (including where we do not express an intention to reject the application).
We may reject an application to register as a Tokion Member in the following cases, and shall never disclose to the Tokion Applicant the reasons for the decision not to approve their application. The Tokion Applicant may not raise any objections about the result of the decision.
The Tokion Applicant does not exist.
The telephone number, email address, postal address, or other contact details submitted by the Tokion Applicant cannot be reached.
The Registered Information is found to include false or inaccurate content.
There has been an interruption to the performance or technical provision of services.
We otherwise find the Tokion Applicant unsuitable.
Persons under 13 are not permitted to use Tokion. Tokion should be used by a parent or guardian.
Article 6. Amending Registered Information
Tokion Members shall notify us immediately of any amendments to Registered Information using the prescribed method; provided, however, that it may take several days after notification for the amendments to take effect.
We do not accept any responsibility for any disadvantage suffered by the Tokion Member while the amendment is pending pursuant to the preceding Paragraph, or for any failure to complete the notification procedures pursuant to the preceding Paragraph.
We may terminate the use of the Service as a result of reviewing the amendments.
Article 7. ID and password management
Data such as a Tokion Member ID and corresponding password (including the ID or password for any SNS prescribed by us, if using social login) and any other information required to verify a Tokion Member's right to use the Service are collectively referred to as “Personal Authentication Information”, whereby the process of using Personal Authentication Information to validate user permissions for the Service is referred to as “Personal Authentication”.
Tokion Members accept full responsibility for managing their Personal Authentication Information and shall not allow any third party to use it, or share with or license to a third party, either their Personal Authentication Information or their right to use the Service upon which their Personal Authentication is conditional. Any use of the Service or associated acts based on the Personal Authentication of a Tokion Member (including where third party use is possible without the Tokion Member's involvement in the Personal Authentication as a result of device or network connection/settings such as an always-on connection service), regardless of whether or not the use or act was performed by the Tokion Member him/herself, will be deemed to be use or an act by a Tokion Member, for which the Tokion Member accepts all obligations and responsibility.
We make no warranty whatsoever for the functionality or quality of a connection where one set of Personal Authentication Information is used concurrently by a Tokion Member and a third party, or for the functionality or quality of multiple concurrent connections from the same device using different sets of Personal Authentication Information.
Article 8. User obligations
Users shall use the Service upon agreeing to the following points:
To comply with this Agreement and any Individual Service Agreement (collectively referred to as these “Agreements”).
To follow any procedures set out by us in using the Service.
To recognize the following points in using the Service:
- That the rights to all Content belong to the initial creator or to the person to whom the initial creator has lawfully assigned the rights, even if the Content is in the public domain or commonly known or if it was personally acquired by the User.
- That we accept no responsibility toward a third party on behalf of the User for any User Content disclosed, provided, or sent by a User to a third party via the Service, and will not manage or warrant for the reliability, accuracy, or legality of such User Content.
- That Users are responsible for determining the reliability, accuracy, completeness, usefulness, and other qualities of any User Content or Content Dataset used.
- That we may store or disclose User Content or information concerning User Content if deemed necessary, such as if required by statutory procedures, if requested under laws and ordinances, if required to ensure compliance with this Agreement, if required to protect the public interest, to ensure the safety of our or a User's property, rights, life, limb, or business, etc., or if required to respond to a complaint concerning User Content or a Content Dataset infringing on third party rights.
- That Users fully understand that the nature of Internet use is such that it transcends national borders, and with regard to online behavior and the kind of content that is permitted, must comply with the regulations of the country or region of use.
Article 9. Prohibited matters
Users must not assign, transfer, or provide as security their status under these Agreements or any rights or obligations arising out of these Agreements in part or whole to a third party without our prior written permission.
Users must not engage in any of the following acts in using the Service:
Infringing upon or acting in such a way that may infringe upon our rights or those of a third party (“Tokion etc.”).
Discriminating against a third party, slandering Tokion etc., or acting in such a way as to damage the reputation or credibility of Tokion etc.
Filing Registered Information or information provided to us containing, or amending such information with, false information, errors, or omissions, in part or whole.
Making unauthorized use of a user ID or password.
Assuming the identity of a third party to use the Service.
Participating in pre-election campaigning, election campaigning, or other similar acts.
Canvassing for religious activities or groups.
Using the Service for business activities or profit-making purposes, or equivalent acts.
Committing fraud or other criminal acts or other acts related to criminal behavior.
Posting obscene images or other Content that would cause offense to a third party.
Interfering with the use or operation of third party equipment or equipment for the Service (meaning communication equipment, communication lines, computers, or other devices or software made available by us to provide the Service; the same applies hereinafter).
Gathering personal information on a third party without their permission or using fraudulent means.
Acting in breach of laws or ordinances (not limited to Japanese laws and ordinances), this Agreement, or public order and morals.
Obstructing the operation of the Service (meaning any act that could interfere with the Service; including, but not limited to, repeated applications to purchase goods, cancellations, returns, exchanges, refused deliveries, and queries with the same content on multiple occasions).
Infringing on our assets or causing a disadvantage to Tokion etc.
Disclosing third party personal information without the consent of the third party.
Redistributing, loaning, or selling the Service to a third party without our permission.
Using the Service for commercial purposes (unless this is with our prior permission).
Using defects or failures in the Service for wrongful purposes or transmitting these to a third party.
Posting requests to get to know others or otherwise using the Service in such a manner or for such a purpose that we find equates to use as a dating website.
Making unauthorized use of a credit card to use the Service or other wrongful conduct in relation to payments.
Repeatedly refusing to pay cash on delivery.
Other acts that we find to be inappropriate.
Users may not use the Service, the Content Dataset, or any information contained therein, in part or whole, for commercial purposes (regardless of the form, including using, reproducing, copying, storing, duplicating, selling, and reselling).
Article 10. Usage fee
The use of the Service is free of charge, and it will not automatically become paid-for through an amendment to these Agreements.
Notwithstanding the provisions of the preceding Paragraph, we may provide paid services, in addition to the purchase of goods in Chapter 6, but these will require separate user registration or other procedures set out by us.
Article 11. Handling of User information
If a Tokion Member cancels their membership of the Service or we terminate a User’s use of the Service, we shall delete any information concerning the Tokion Member; provided, however, that we may store a backup copy of the information for a certain period in accordance with applicable laws and ordinances and delete the information at a later date in order to conduct a history verification or if otherwise deemed necessary by us.
CHAPTER 3 INTELLECTUAL PROPERTY RIGHTS
Article 12. Intellectual Property Rights
Intellectual Property Rights in the Content Dataset belong to us, to the Partner providing the Content Dataset to the Service, or to the advertiser or other third party holding the legitimate rights.
We grant Users only user rights to the Service and Content Dataset we provide for the sole purpose of the non-exclusive use of the Service, and this granting of user rights does not constitute a transfer or sublicense.
In addition to the preceding Paragraph, Users agree to refrain from reproducing, publishing, transmitting, distributing, transferring, loaning, translating, adapting, licensing, reprinting, or reusing (in part or whole) the Service, the Content Dataset, or any information contained therein, without the prior written permission of us, the Partner, or the advertiser.
Users agree in advance that if a User breaches the preceding Paragraph, we reserve the right to halt the use of the Content Dataset and the reproduced, published, transmitted, distributed, transferred, loaned, translated, adapted, licensed, reprinted, or reused content, and we also reserve the right to file a claim against the User for an amount equivalent to the gains made by the User as a result of the action.
Article 13. User Content
The Service provides an opportunity for Users to post, display, or share with other users their own comments (only Tokion Members may post on Tokion). Users agree to (Item 1) and shall comply with the following Items with regard to User Content posted or displayed by the User:
Users will be deemed to have granted to us a worldwide non-exclusive unlimited license (including sublicense) to use the User Content free of charge (including the use of reproduced, published, transmitted, distributed, transferred, loaned, translated, and adapted content and secondary works). Users will not exercise the author’s moral right in relation to the User Content.
User Content is published at our discretion. We will not respond to individual queries concerning whether a transmission has been received or whether the User Content will be used.
We may amend, delete, publish in a different location, or take other required measures in relation to User Content if any User Content is, or may be, in conflict with laws and ordinances, Article 9 (Prohibited matters) or any other provisions of this Article, if we have terminated use of the Service, or if we otherwise find it necessary.
We may store a backup copy of the information for a certain period and delete the information at a later date in order to conduct a history verification or if otherwise deemed necessary by us, including if the Tokion Member has canceled their membership, we have terminated use of the Service, or, if the decision on whether to delete the User Content is at our discretion, we have decided to delete the User Content.
The provisions of this Article will remain in effect if the Tokion Member cancels their membership, we terminate use of the Service, or the User Agreement otherwise terminates for any reason whatsoever. The same applies to any Users who are not Tokion Members and do not continue to use the Service.
Users agree to, or shall comply with and warrant, the following Items in posting User Content:
(1) User Content published on the Service contains comments, opinions, proposals, and other such transmissions by multiple individuals. We do not support the views of any specific User Content. Users are responsible for browsing and using User Content posted by other Users at their discretion.
(2) Users warrant that User Content they post will not infringe on the reputation, privacy, image rights, copyrights, or other rights of third parties and does not breach any laws and ordinances, and also does not promote any such actions.
(3) Users warrant that User Content they post will not constitute a criminal offense, violation of public order and morals, obscene material, incitement to violence, and does not slander or discriminate against a third party on grounds such as social status, origin, nationality, race, or religion, and also does not promote any such actions.
(4) Users will not seek to make a profit, or prepare to make a profit, through User Content they post.
(5) Users will not post User Content containing alcohol-related content, dating-related content, or any other adult content (including advertising).
(6) Users will not upload computer viruses or other malicious coding.
(7) Users agree that we may delete User Content if, in addition to the User Content breaching any of the preceding Paragraphs, we find that the User Content constitutes bullying, threatening, abuse, or otherwise offensive behavior toward other Users or third parties.
(8) Users are responsible for storing the User Content separately if storage is required.
Article 14. User Content and third-party social networking services
Users may post Content comprising photographs of goods purchased via the Service or in stores operated by us on social networking services operated by third parties, and may also reply (@reply) using the hashtag #tokionjp to any plans or campaigns that we are running.
Users agree that Tokion shall, in the case of the preceding Paragraph, deem the Content in the preceding Paragraph to be User Content and apply the provisions of the preceding Article and the rest of this Agreement.
CHAPTER 4 USE OF THE SERVICE
Article 15. Equipment
Users are responsible for any communication charges and equipment required for Users to use the Service (e.g. computer, communication device, software, high-speed Internet connection environment) at their own expense.
We shall set out the recommended system requirements (“System Requirements”) for the Service separately.
Users agree that use of the Service may not be possible if a User's equipment does not meet the System Requirements. Users agree that use of the Service may not be possible because of factors such as a User's individual user environment or computer settings, even if the System Requirements are met.
Article 16. User support
Queries pertaining to the Service will in principle be accepted via the ‘Contact Us’ page of the Service. Any additional queries following our response will also be accepted in the same way via the ‘Contact Us’ page.
Queries pertaining to the Service may be handled by a Partner.
Since we manage passwords in encrypted format, we will be unable to respond to any queries from Tokion Members about their password. Tokion Members may need to reset their password via the login page.
Article 17. Service usage restrictions
Users agree that their use of the Service may be restricted in part or whole depending on how they use the Service (including, but not limited to, the application process or means).
We reserve the right to set out rules to restrict a User’s use of the Service if required (for example, to limit the amount of times the User may post to the message board, or their access time).
Users may not reacquire previous rights to the Service if they start using the Service again after the User Agreement was terminated pursuant to Article 20 (Membership cancellation) Paragraph 1, Article 21 (Usage termination) Paragraph 1, or for other reasons.
Article 18. User notices
Notices from us to Users will be displayed on the Service, issued via email, or made by another method we deem suitable.
Any notices from us to Users displayed on the Service or issued via email based on the preceding Paragraph will come into effect at the time of publishing on the Service or at the time the email was sent.
Users are obligated to keep track of notices from us, and we accept no liability for any loss suffered by a User as a result of the User failing to keep track of our notices.
Users agree to the following Items where we send emails to Users or otherwise notify Users pursuant to the preceding Paragraphs:
(1) We accept no liability if an email sent to Users via the Service fails to send, is delayed, contains corrupted characters, or if the same email is sent several times.
(2) We will not resend an email that has been deleted or lost by a User.
(3) Tokion Members agree in advance that several days may be required for any amendments to their registered email address to take effect and for emails from us to begin arriving at the new email address, and shall not request that emails be resent. The same applies if there are any errors in the email address provided by the User.
CHAPTER 5 AMENDMENTS TO AGREEMENT, MEMBERSHIP CANCELLATION, TERMINATION OF USAGE (USER AGREEMENT), CHANGES TO SERVICE
Article 19. Amending the Agreement
We may add to, amend, or delete parts of these Agreements (referred to as “Amendments” in this Article) if we find it necessary, without seeking permission from Users. In the case of Amendments, Users will be notified of the effective date and content of the Amendments by a method we deem suitable, including publishing via the Service or by email, based on the provisions of Article 19 Paragraph 1. We will deem any subsequent use of the Service on or after the effective date of the Amendments to constitute the User agreeing to the Amendments; provided, however, that we shall seek the User’s consent using a method prescribed by us for any Amendments that require a User’s consent under laws and ordinances.
Article 20. Membership cancellation
A Tokion Member wishing to erase their registration or terminate their use of the Service shall complete the membership cancellation procedures using the method we prescribe, and their membership will be deemed to have been canceled upon confirmation by us.
Tokion membership is valid for the corresponding Tokion Member only. We will deem membership cancellation procedures in the preceding Paragraph to have been completed at the time when the death of a User becomes known.
We are not obligated to cooperate in membership cancellation procedures if the Tokion Member has lost Personal Authentication Information or is otherwise unable to cancel their membership for reasons attributable to the Tokion Member.
We accept no liability for any loss suffered by a Tokion Member due to actions taken by us in relation to this Article.
Article 21. Usage termination
We may terminate the use of the Service if any of the following Items are found to apply to a User, without being required to issue a prior notice to the User:
(1) A third party has filed a complaint, claim, or other grievance toward us in relation to the User's use of the Service, and we find it necessary.
(2) The User cannot be contacted by telephone, email, or other means.
(3) Mail sent to the Tokion Member is returned.
(4) The User is subject to criminal charges following a breach of laws and ordinances.
(5) The User has had payments suspended or is unable to pay debts.
(6) The User has had checks or drafts dishonored.
(7) The User is subject to a petition for attachment, provisional attachment, or auction of collateral, or has received a disposition for non-payment of taxes or public dues.
(8) The User is subject to a petition for bankruptcy proceedings or civil rehabilitation proceedings, or significant uncertainty has arisen concerning their credit status.
(9) The User has breached Article 9 (Prohibited matters) or we find there to be a risk of such breach.
(10) The User has breached this Agreement or Individual Service Agreement other than the preceding Items and the matter has not been rectified by a reasonable date set out in a demand notice from us for rectification of the breach.
(11) We otherwise find it necessary to rescind the User Agreement.
We will not respond to any questions or complaints concerning usage termination measures taken toward a Tokion Member.
If usage termination measures are taken, any debts (including outstanding usage fees) owed by the User toward us at that time will become immediately due and payable, to be performed in full as one single payment.
We may seek compensation from the User for any loss we suffer due to any of the Items in Paragraph 1 applying to the User, regardless of whether or not we rescind the User Agreement.
We accept no liability for any loss suffered by the User due to us rescinding the User Agreement.
Article 22. Service changes and termination, etc.
We may make changes to, suspend, or terminate the Service in part or whole without giving Users prior notice. These changes, suspensions, and terminations include those caused by system maintenance or a natural disaster.
CHAPTER 6 PURCHASING GOODS
Article 23. Purchasing goods
Only Tokion Members may purchase goods on Tokion.
Tokion Members wishing to purchase goods listed on Tokion shall apply to purchase these using the method we prescribe.
A contract for sale is not established upon completion of the application procedure by the Tokion Member. A contract for sale for the product is established when the purchase completion screen is displayed on the Tokion website.
We may still be unable to honor the User's purchase application even after an order completion notification has been sent as a result of insufficient stock, issues with the shipping address, or other reasons. In such case, we may rescind the contract for sale with the Tokion Member, notify the User to this effect (a notice is not required if there are issues with the shipping address), and provide a refund or take other such appropriate measures if payment has been completed. We accept no further liability if we are unable to honor the Tokion Member's purchase application.
We may cancel or rescind the contract for sale, take usage termination measures, restrict use of the Service, or take other measures if the Tokion Member, in using Tokion, breaches this Agreement or the Individual Service Agreement or if the Tokion Member is found to have previously committed such a breach. We may also seek compensation from the Tokion Member for any losses we suffer in relation to these measures.
Ownership, and the risk that the goods purchased by the Tokion Member might be lost, destroyed, or damaged, passes to the Tokion Member upon delivery to the Tokion Member.
Article 24. Delivery
The purchased goods will be delivered by our designated carrier.
There may be times when goods are not delivered within the designated time frame because of a natural disaster, accident, or other circumstances. We accept no liability for any loss suffered by a User due to a delivery delay for any such reason.
We shall set out separate provisions concerning delivery charges.
Article 25. Returns and exchanges
We will not be able to accommodate a return or exchange of goods unless the goods are faulty, different from the goods ordered, missing, or were damaged in transit. There may be times when the goods’ packaging is opened in order to inspect the contents in accordance with customs or other inspections. We will not be able to accommodate a return or exchange of goods in such case if there are no issues affecting the use of the goods.
In the case of permitted returns, the Tokion Member should contact Tokion and return the goods using the prescribed method within 10 days of receipt and we will send a replacement. We will assume the costs relating to the return and exchange in such case. We will not be able to accommodate a return or exchange of goods if the Tokion Member does not contact us within the specified time frame.
We will not be able to cancel an order during the period after the dispatch has been processed but before it arrives unless there are reasons to do so attributable to us. (Article 25 Paragraph 1 applies to returns after the goods arrive).
CHAPTER 7 PAYMENT TERMS
Article 26. Payment of purchase price
Users shall pay the purchase price of goods, for which there is a charge in the Service, by the payment date specified using cash on delivery, credit card (including services by our subcontracted payment partners), or other method prescribed by us. Users agree that there may be certain restrictions concerning some of the methods prescribed by us, such as being required to complete a separate registration between our payment partner and the User or restrictions on available methods depending on the User's choice of payment currency.
We shall set out separate provisions for matters such as the usage terms and fees for paid services including, but not limited to, where paid services are designated as Individual Services and a corresponding Individual Service Agreement has been set out; provided, however, that the fee for the goods shall be shown on the page listing the goods.
The price to pay comprises the total of the purchase price for the goods or services, delivery charges (set out in Article 24), payment expenses such as cash on delivery charge, and consumption tax (consumption tax is limited to purchases delivered within Japan).
We shall provide a receipt for the payment of the goods or services using a method prescribed by us, which, for goods, will take the form of the enclosed purchase details and receipt.
Please contact us using the contact form if a handwritten receipt is required for the goods or if the name is not correct.
We will not get involved in any problem that arises between a User and the payment company (including payment partners in Article 30) concerning payment of the purchased goods by the User using Tokion, and accept no liability whatsoever in this regard.
Article 27. Cash on delivery
Users using cash on delivery shall pay the purchase price based on the contract for sale between us and the User in exchange for delivery of the goods by the delivery company we designate.
Users using cash on delivery are liable for a single cash on delivery charge as set out in Paragraph 3 of the preceding Article for each delivery, in the amount prescribed.
Payment of the purchase price shall be in Japanese yen.
Article 28. Credit card payment
The types of credit card that can be used for payment are specified separately.
Credit cards used for payment are limited to credit cards in the User’s name.
Article 29. Registering/amending credit card information
Users shall notify or register the correct credit card information used for payment and amend any change in registered information without delay.
Depending on the paid service, there may be time periods when it is not possible to process credit cards for maintenance reasons. This time period will be specified separately.
Article 30. Payment partners
We subcontract the management of credit card payments to Shopify International Limited (“Shopify”). We shall disclose and/or provide Users’ credit card information (e.g. credit card number, expiration date, security code) to Shopify.
Users agree to Shopify handling the payment as an agent and to us disclosing and/or providing to Shopify the information required for payment.
In addition to the preceding Paragraph, Tokion employs services by other payment partners set out separately. Registration and other prescribed procedures may need to be completed with the service partner. Users agree that specified User information will be handled by the partner in such case.
In the case of payment based on the preceding Items, Users shall comply with the terms of a separate agreement entered into with the credit card company or the payment partner.
Article 31. Payment information
In addition to the preceding Article, Users agree that we may disclose and/or provide User payment information (credit card information) to parties involved in the payment to the extent required in relation to the payment.
If a User cancels their Tokion membership or if we terminate a User’s use of the Service, we shall store information such as records of invoices to Users for the payment price as required in accordance with laws and ordinances and delete the information as soon as storage is no longer required.
Article 32. Termination of paid services
We may refuse to permit use of paid elements of the Service if, in addition to the provisions of Article 5 (Membership registration) Paragraph 2, the User is subject to a disposition to suspend their use of the credit card used for payment by the credit card company or financial institution, or if we find that the User’s credit risk has otherwise deteriorated.
We may terminate the use of paid services without giving prior notice or a demand notice if, in addition to the provisions of Article 21 (Usage termination) Paragraph 1, 1) the User has had their use of the credit card used for payment suspended by the credit card company or financial institution, or 2) the User is unable to use the credit card used for payment for any other reason whatsoever.
Article 33. Assigning claims
We may assign to a third party at our discretion any claim relating to delays in payments to us by Users.
CHAPTER 6 GENERAL TERMS AND CONDITIONS
Article 34. Assignment of status
We may assign our status under this Agreement or an Individual Service Agreement to a third party by giving prior notice via the Service, without seeking permission from the User, and may assign our rights and obligations under this Agreement to a third party or have a third party assume such rights and obligations.
Article 35. Limitations and remedies
Our liability toward Users in relation to the Service is limited to operating the Service with the due care of a prudent manager to enable Users to use the Service without hindrance. We accept no liability for the matters set out in the following Items and accept no liability for compensation, unless there is willful misconduct or gross negligence on our part:
(1) Losses suffered by a User or other third party caused by or in relation to the use of the Service (including losses caused by a dispute between a User and a third party) or losses suffered by a User or other third party as a result of being unable to use the Service (including, but not limited to, specific losses set out below in this Paragraph).
(2) Consequences of actions taken by us in accordance with the provisions of this Agreement.
(3) 1) A force majeure event that could not have been foreseen by us such as a malfunction, failure, issue, or power outage affecting the system providing the Service, or a fault with the communications line, or 2) the loss or disappearance of Personal Authentication Information, personal information, or other User data as a result of a system malfunction, or any losses arising as a result.
(4) The obligation to pay costs incurred by a User following changes to the Service (including, but not limited to, telephone charges and costs under contracts with providers).
(5) Issues with installing programs or other issues that could arise in using the Service.
(6) Any losses suffered by a User or third party as a result of the Service being changed, suspended, or terminated.
Users are liable for the matters set out in the following Items, and we accept no liability whatsoever:
Any social, mental, or physical losses suffered by the User as a result of the User’s deviation from the appropriate use of the Service.
Any actions performed on the Service using the User’s Personal Authentication Information and the consequences of such actions (regardless of whether or not the action was performed by the User) or any losses suffered by the User or a third party as a result of a User's Personal Authentication Information being used by someone else (regardless of whether or not this involved willful misconduct or negligence on the part of the User).
The User’s use of the Service, all actions performed by the User in using the Service, and the consequences of such actions (including sending, and the content of, User Content).
Any disadvantage suffered by the User as a result of errors in Registered Information, information provided by the User, or User Content.
The content of the Service shall be that which we are able to provide at the time of providing the Service to Users, and Users agree in advance that we offer no warranty that the Service is free of defects. We, therefore, accept no liability in relation to the completeness, accuracy, fitness for a particular purpose, usefulness, or other quality of the Service, Content Dataset, or other information acquired by the User in using the Service (including computer programs).
(Links from the Service)
The website for the Service may include links to other websites. Websites to which Users are redirected are not managed or operated by us and, as such, we accept no responsibility for the availability of any website or resources outside of the Service. We also accept no liability for any Content, advertising, goods, services, or other elements contained in these websites or resources or that may be available through the use of these websites or resources. We, therefore, accept no liability for compensation for any losses (whether direct or indirect) caused by or in relation to such Content, advertising, goods, services, or other elements.
(Transactions with advertisers)
Users and advertisers are responsible for any transactions (including participation in promotions to win prizes) conducted between Users and advertisers who are advertising (including advertising prizes) or publicizing services on the Service. This means that the User and the advertiser are the contractual parties responsible for matters such as payment of the purchase price of goods, determining contractual terms, warranties, and liability for defects. We accept no liability whatsoever for any losses caused by transactions based on advertisements published on the Service or caused by the very fact that the advertisement was published.
Users are responsible for resolving at their own expense any dispute that should arise between us and a third party as a result of the User’s use of the Service or any damage inflicted on us or a third party.
We may claim compensation from the User for any damage inflicted on us that is attributable to the User's use of the Service.
If any of the terms of this Article are unenforceable under laws and ordinances, the remainder of this Agreement shall remain effective.
Notwithstanding the provisions of this Article, we will accept liability for compensation, limited to ordinary and direct losses suffered by the User, if our limitation of liability set out in this Agreement is not recognized by mandatory laws or such authority as a final and binding court judgment, or if the losses are caused by willful misconduct or gross negligence on our part.
Article 36. Agreement breaches
We may request the User's cooperation in an investigation if the User is or may be in breach of this Agreement, or if we have received a complaint or claim from a third party in relation to the User's use of the Service and we find such cooperation necessary, and the User shall cooperate in such investigation. We may also take one or any combination of the following measures toward the User if found necessary for other reasons:
Halting behavior that is or may be in breach of this Agreement and requesting that the behavior not be repeated.
Requesting the User’s involvement in discussions (including alternative dispute resolution procedures) to resolve the complaint or claim with the third party.
Any other response deemed necessary.
We accept no obligation to take the measures set out in Paragraph 1 and accept no liability for the consequences of such measures.
Users agree in advance that the measures set out in Paragraph 1 may be taken without prior notice at our discretion.
Article 37. Jurisdiction and governing law
The Tokyo District Court is the exclusive competent court of first instance for any dispute that may arise between us and a User based on or in relation to this Agreement. This Agreement is governed by Japanese law.
Article 38. Other matters
We and the User shall negotiate in good faith to resolve any issues that may arise in relation to the Service that cannot be resolved by the provisions of the User Agreement or with our guidance or support.
Queries relating to this Agreement or the Service
TOKION K.K. 20-6 Roppongi 7-chome, Minato-ku, Tokyo 106-0032
Contact us by telephone: (+81)03-5786-0620
■TOKION customer center: https://tokion.zendesk.com/hc/requests/new (Except Weekends & National Holidays)
Supplementary provisions: This Agreement applies to all Users from July 28, 2020.