These Rules are intended to provide the terms and conditions to be applied to transactions between Koganei Corporation (hereinafter referred to as Koganei) and its customers where a customer who is registered as a member of Koganei's Web Site (hereinafter referred to as Member) uses services provided by Koganei in Koganei Information Contents including Koganei's sales site on the Internet named Webshop K@ciao! (hereinafter referred to as Webshop) (such services shall be hereinafter referred to as KOG Services).
These Rules shall be applied to any and all transactions carried out by the Member on the occasion of or through his/her use of KOG Services.
Member shall comply with all or any part of these Rules.
These Rules shall be applicable from June, 2002.
Koganei shall be able to change or revise these Rules without approval of the Member, and any change made by Koganei shall be effective upon Koganei's uploading of the changed or revised Rules onto the Web Site of KOG Services on the Internet.
- 1. Registration of membership
- 1-1. Any customer who desires to register as a Member shall follow the membership registration procedure prescribed by Koganei using the Application Form for Membership Registration available on Koganei's Web Site (hereinafter referred to as this Site) after having accepting these Rules.
- 1-2. In order to use all of KOG Services, the Member needs to have a Member ID(Email Address) and their own arbitrary Password.
- 1-3. Koganei will set up a prescribed Member ID(Email Address) for each customer who applies to register as a member and effect registration of the prospective Member together with the arbitrary Password inputted by prospective Member at the time registration for membership is applied for.The Member ID(Email Address) and arbitrary Password will be notified to the customer via e-mail after the completion of membership registration.
- 1-4. Koganei will not accept an application for membership registration from a customer where:
- a. any of the registration information entered is false;
- b. the applicant's Membership was revoked pursuant to these Rules in the past; or
- c. Koganei deems that in its opinion the applicant is not suitable to be a Member.
- 2. Control of Member ID and Password.
- 2-1. A Member may alter his/her arbitrary Password at his/her discretion after having received the Member ID and arbitrary Password via e-mail.
- 2-2. The Member is responsible for controlling his/her Member ID(Email Address) and Password.
- 2-3. The Member shall not allow a third party to use or lend, assign, transfer, sell or give as security his/her Member ID(Email Address) and Password (hereinafter referred to as ID, etc.) to or for the benefit of a third party.
- 2-4. Where the Member is aware of the fact that the ID, etc. have been stolen or used by a third party, the Member shall immediately inform Koganei of this situation.
- 2-5. Koganei shall not be responsible for any damage caused by an erroneous use of ID, etc. or unauthorized use thereof as specified in the preceding Paragraph, or a leakage or theft thereof, or similar.
- 3. Changes in the items registered for membership
- 3-1. In the event that there is any change in the name of the company, address, telephone/fax number, e-mail address or other similar data that was registered by Member at the time of application for membership, the Member shall promptly follow the designated procedure using the Change of Member Information Form available through this Site.
- 3-2. Koganei shall not be responsible for any damage incurred by a Member through the use of KOG Services if the Member has failed to follow the designated procedure for making changes.
- 4. Deletion of Member Information
Should a Member desire to have his/her registration deleted for a reason of his/her own, the Member shall follow the necessary procedure using the Deletion of Member Information Form available on this Site.
- 5. Responsibility
- 5-1. In the event that a Member incurs any damage from using KOG Services, Koganei shall not assume any responsibility for such damage unless the damage has been caused intentionally or by the gross negligence of Koganei.
- 5-2. In the event that a Member causes any damage to a third party through using KOG Services, the Member is responsible for settling such damage and shall not cause any damage to Koganei unless such damage to a third party has been caused intentionally or by the gross negligence of Koganei.
- 5-3. In the event that a Member causes any damage to Koganei by using any unauthorized or unreasonable means, the Member shall assume responsibility for compensating Koganei for its loss.
- 6. Content of services
Koganei shall establish separate Rules with regard to the use of KOG Services.
In this event, such separate Rules shall be deemed to constitute part of these Rules.
- 7. Revocation of membership
- 7-1. Koganei may revoke the membership of Member without prior notice in the event that the relevant Member falls under any of the following situations:
- a. When Member has delayed or failed to make payment for his/her purchase and does not pay for the same despite Koganei's notice allowing a grace period of reasonable length;
- b. When a protective disposition, compulsory execution or forced sale is alleged against Member, or when Member declares or is declared bankrupt, or is subjected to or undergoes corporate rehabilitation, corporate consolidation, special liquidation or any other legal liquidation, or when Member is penalized for delinquency in payment of tax and public charge;
- c. When Member violates any part of these Rules;
- d. When it is discovered that the application for registration of membership contains false information;
- e. When the Member uses the ID, etc. in an unauthorized or unreasonable manner; or
- f. When Koganei deems that in its opinion that Member is not a suitable to be a member.
- 7-2. In the event that Koganei has revoked the membership of a Member, the Member shall lose his or her right not to pay before due date with regard to any or all his or her debts which have arisen from the use of KOG Services and pay promptly the full amount of its debts to Koganei.In the event that Koganei incurs any costs with regard to the recovery of any credit, the Member shall bear such costs.
- 8. Providing Information and Distributing Information (Email Newsletter)
- 8-1. Providing Information
Koganei may use your personal information to contact you via email and/or phone registered in membership for business purposes (providing information, visiting)
- 8-2. Distributing Information (Email Newsletter)
For the purpose of regularly providing information, Koganei may send Email Newsletter to Members. If you wish to opt-out of receiving the Email Newsletter from us, please go to the "Edit Your Membership Information" page and check "No" to "Email Magazine Subscription", and click "Confirm" button to save changes. In general, Koganei will not change users' preference for the subscription.
- 9. Prohibited acts
In using KOG Services, Member shall not commit an act which falls under any of the following categories:
- 9-1. Supply or enter any false information when applying for registration as a member;
- 9-2. Pose as another person when transmitting or entering any information;
- 9-3. Alter any of information on this Site;
- 9-4. Transmit any harmful computer program or similar onto this Site;
- 9-5. Infringe any copyright or intellectual property right exposed on this Site;
- 9-6. Unauthorized invasion of the computer system on the premises of Koganei; or
- 9-7. Any other act which Koganei deems to be inappropriate.
- 9-8. Member may not disclose to another corporation or copy, transmit, alter, compile or otherwise perpetrate any other act in relation to information which is obtainable from this Site.
- 10. Jurisdiction
All controversies and disputes arising out of or relating to this Terms of Use shall be submitted to the court having jurisdiction over the address of head office of Koganei as the Court of first instance.
- 11. Applicable Laws
Regarding transactions and other agreements between customers and Koganei, Japanese law shall apply to the formation of these Terms of Use and their validity, performance and interpretation.
- 12. Revision of Use Rules
Member shall be deemed to have approved of the revision of these Use Rules by virtue of the content of the revision having been exposed on this Site, except where these Rules specifically provide for otherwise.
- 13. Revision of Policy for Protection of Personal
Information Koganei carries out control and use of Personal Information in compliance with Japanese laws and regulations.Koganei may revise the Policy for Protection of Personal Information reflecting any change in any applicable law or regulation in Japan in order to further ensure the protection of Personal Information or for other reasons.
In the event that any revision has been effected, the contents of the revision will be exposed on this Site.