These terms and conditions of use (hereinafter referred to as the “Terms and Conditions”) shall be governed by and construed in accordance with the laws of Japan and the United States. This Terms of Use (hereinafter referred to as the “Terms”) applies to the online shop (hereinafter referred to as the “Service”) provided on this website by Vietya Foods Co. (hereinafter referred to as the “Company”) provides on this website (hereinafter referred to as the “Service”). (hereinafter referred to as the “Company”) provides online shop (hereinafter referred to as the “Service”) on this website. Registered users (hereinafter referred to as “Users”) are requested to comply with these Terms of Use. (“the Company”), the registered users (“Users”) are requested to use the Service in accordance with these Terms of Use.
Article 1 (Application)
- These Terms of Use shall apply to all relationships related to the use of the Service between the user and the Company.
- In addition to the Terms of Use, the Company may establish various rules and regulations regarding the use of the Service (hereinafter referred to as “Individual Regulations”). These individual provisions, regardless of their names, shall constitute a part of the Terms of Service. Regardless of the name of these Individual Regulations, they shall constitute a part of these Terms of Use.
- In the event of any conflict between the provisions of these Terms and Conditions and the individual provisions of the preceding paragraph, the provisions of the individual provisions shall prevail unless otherwise specified in the individual provisions.
Article 2 (Registration for Use)
- The registration for this service is completed when a prospective registrant agrees to the Terms of Use and applies for registration for use of the service in the manner prescribed by the Company, and the Company notifies the prospective registrant of its approval of the application.
- If the Company determines that the applicant has any of the following reasons, the Company may not approve the application for registration of use and shall not be obliged to disclose the reasons for such denial.
- If false information is reported when applying for user registration
- If the application is from a person who has violated these Terms and Conditions
- Other cases in which the Company deems the registration of use to be inappropriate.
Article 3 (Management of User ID and Password)
- The User shall manage his/her user ID and password for the Service at his/her own responsibility.
- Under no circumstances may a user transfer or lend his/her user ID and password to a third party, or share them with a third party. When a user logs in with the same combination of user ID and password as the registered information, the Company will consider the use of the service to be by the user who has registered the user ID.
- The Company shall not be liable for any damage caused by the use of a user ID and password by a third party, except in the case of willful misconduct or gross negligence on the part of the Company.
Article 4 (Sales Contract)
- A purchase agreement for this service shall be formed when a user makes an application for purchase to this company, and when this company notifies the user that it has accepted the application. Ownership of the product shall be transferred to the user when the Company delivers the product to the delivery company.
- (2) If any of the following events occurs, MEDINET may cancel the purchase agreement described in the preceding paragraph without prior notice to the user.
- If the User violates these Terms of Use
- In the event that the delivery of goods is not completed due to an unknown delivery address or prolonged absence of the customer
- In any other cases where the Company deems that the relationship of trust between the Company and the user has been damaged.
- The method of payment, delivery, cancellation of purchase orders, return of products, and other matters related to the Service shall be determined by a separate method determined by the Company.
Article 5 (Intellectual Property Rights)
Copyrights or other intellectual property rights to product photos and other content provided by the Service (hereinafter referred to as “Content”) belong to the Company, Content providers, and other legitimate right holders, and users may not reproduce, reprint, modify, or make any other secondary use of the Content without permission.
Article 6 (Prohibited Matters)
In using the Service, the User shall not engage in any of the following acts
- Acts that violate laws and regulations or public order and morals
- Conduct related to criminal activity
- Acts that infringe on copyrights, trademarks, or other intellectual property rights contained in the Service
- (iii) acts that destroy or interfere with the functionality of our servers or network
- Commercial use of information obtained through this service
- Actions that may interfere with the operation of our services
- Unauthorized access or attempts to gain unauthorized access
- Collecting or accumulating personal information about other users.
- Impersonating another user
- (iii) Acts of providing benefits directly or indirectly to antisocial forces in relation to the Company’s services
- Other acts that the Company deems inappropriate.
Article 7 (Suspension of Provision of the Service, etc.)
- MCC reserves the right to suspend or discontinue all or part of the Service without prior notice to the user for any of the following reasons
- When performing maintenance inspections or updating of computer systems related to this service
- (iii) When it becomes difficult to provide this service due to force majeure such as earthquake, lightning, fire, power outage, or natural disasters.
- In the event of computer or communication line outage due to accident
- (iii) In any other cases in which the Company deems it difficult to provide the Service.
- We shall not be liable for any disadvantage or damage incurred by the user or any third party due to the suspension or interruption of the provision of the Service, regardless of the reason.
Article 8 (Restriction of Use and Cancellation of Registration)
- We reserve the right to restrict the use of all or part of the Service or terminate a user’s registration without prior notice in any of the following cases
- Violation of any of the provisions of these Terms and Conditions
- When it is found that there is a false fact in the registration information
- If the credit card that the User submitted as a means of payment is suspended.
- In the event of default in payment of fees and other obligations
- If you do not respond to our communications for a certain period of time
- When there has been no use of this service for a certain period of time since the last use
- In any other cases in which the Company deems the use of the Service to be inappropriate.
- MCC shall not be liable for any damages incurred by the user as a result of actions taken by MCC in accordance with this Article.
Article 9 (Withdrawal from Membership)
The User may withdraw from the Service through the prescribed withdrawal procedure.
Article 10 (Disclaimer of Warranty and Disclaimer of Liability)
- We do not warrant that the Service will be free from defects in fact or law (including, but not limited to, defects in safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, etc., errors or bugs, or infringement of rights). No warranty is given as to the absence of any such defects.
- We will not be liable for any damages incurred by the user as a result of this service. However, this disclaimer shall not apply if the contract between the Company and the user for the Service (including this Agreement) is a consumer contract as defined in the Consumer Contract Act. However, this disclaimer does not apply if the contract between the Company and the user (including this agreement) is a consumer contract as defined in the Consumer Contract Act, and even in such a case, the Company shall not be liable for any damages due to the Company’s negligence (excluding gross negligence), default or tort. However, even in such a case, the Company shall not be liable for any damage arising from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of the damage) among damages caused to the User due to default of obligation or tort by the Company’s negligence (excluding gross negligence). (including cases in which the Company or the User foresaw or could have foreseen the occurrence of the damage).
- We are not responsible for any transactions, communications, or disputes that arise between users and other users or third parties in connection with the Service.
Article 11 (Change of Service Contents, etc.)
MUTOH HOLDINGS reserves the right to change the contents of the Service or discontinue providing the Service without notice to the User, and shall not be liable for any damages incurred by the User as a result of such changes or discontinuation.
Article 12 (Modification of Terms of Use)
The Company may change the Terms of Use at any time without notice to the User, if the Company deems it necessary. In the event that a User starts using the Service after a modification of the Terms of Use, such User shall be deemed to have agreed to the modified Terms of Use.
Article 13 (Handling of Personal Information)
MCC handles personal information obtained through the use of this service appropriately in accordance with MCC’s “Privacy Policy”.
Article 14 (Notice or Communication)
Notification or communication between a user and MISUMI shall be made in a manner determined by MISUMI. Unless a user notifies us of a change in his/her contact information in accordance with a method determined separately by us, we will assume that the currently registered contact information is valid and send notices or communications to that information, which will be deemed to have reached the user at the time they are sent.
Article 15 (Prohibition of Assignment of Rights and Obligations)
The User may not transfer or offer as security his/her position under the Service Agreement or his/her rights or obligations under this Agreement to any third party without prior written consent of the Company.
Article 16 (Governing Law and Jurisdiction)
- These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Service.
- In the event of any dispute concerning the Service, the court having jurisdiction over the location of the Company’s head office shall be the court of exclusive jurisdiction.
… and upwards