Article 1 (Purpose)
2. The rules regarding the use of this Service that this Company posts on its Website and other provisions concerning this Service that this Company provides separately shall form part of this Agreement.
3. If the contents of this Agreement differ from previous sections or from explanations of this Service outside of this Agreement, this Agreement shall take precedence.。
Article 2 (Definitions)
In this Agreement, the meanings of the terms set forth in each of the following items are as defined in that item.
(1) “Service” means the online shopping site “We’ll Being for Culuture” provided by this Company (if the content or name of the Service is changed for any reason, this meaning continues to apply to the changed Service).
(2) “Company” means We’ll-Being JAPAN Co., Ltd.
(3) “User” means individuals, corporations, and other entities who, following their application to this Service on the basis of Article 3 (registration), have established a Service Usage Contract with this Company.
(4) “Products for Purchase” means products that a User purchases or intends to purchase from the Service.
(5) “Service Usage Contract” means the contract between the Company and the User which contains the entirety of the contents of this Agreement that is established upon use of this Service as well as the contract of sale that is applied when ordered Products for Purchase are in the ownership of this Company.
(6) “Intellectual property rights” refers to copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (includes both the acquisition and the application of acquisition for such rights).
(7) “Website” means the website operated by this Company with the domain “well-being.shop” (continues to apply to any future changes to the website domain name).
Article 3 (Application)
1. Those persons who wish to use this Service in order to purchase Products for Purchase (hereinafter referred to as “buyer” or “buyers”) may apply to the Company for the use of the Service by agreeing to comply with this Agreement and agreeing to, through the prescribed manner, provide certain information for the purposes of the use of this Service (hereinafter referred to as “application information”).
2. When this Company decides to accept an order for Products for Purchase from buyers who have applied in accordance with the previous paragraph, the Company will communicate this information to the buyer (hereinafter referred to as an “order notification”) in accordance with the Company’s standards.
3. When an order notification reaches the buyer, a Service Usage Contract is established between the User and the Company, and the User becomes able to, in accordance with this Agreement, use this Service and purchase Products for Purchase. Furthermore, after the establishment of a Service Usage Contract, application information, relevant User order history, and all other relevant user information accumulated during the use of this Service (hereinafter referred to as “user information”), will be registered with this Company, and the User agrees to this without any objection.
4. This Company, in the case where any of the following items apply, may elect not to send an order notification to a buyer and has no responsibility to notify the applicant of the reason for doing so.
(1) When all or part of the application information provided to the Company is erroneous, false, or omitted.
(2) When the buyer is a minor, an adult ward, a person subject to conservatorship, or a person subject to limited guardianship and did not have the permission of a legal representative, a guardian, a conservator, or a limited guardian
(3) When Article 18 (exclusion of transactions with antisocial forces), paragraph 1 applies or is considered by the Company to be at risk of applying
(4) When the Company judges that the buyer is someone who has violated a contract with the Company in the past
(5) When the buyer has been subjected to measures specified in Article 10 (suspension, etc. of Service use and access) or Article 14 (termination)
(6) Any other situations where the Company judges an application to be inappropriate
Article 4 (Changes to application information)
Article 5 (Password and Username management)
1. The User agrees to take responsibility for the proper management and storage of personal Username and password information for this Service. The User shall not allow third parties to use, borrow, purchase, or take ownership of this information.
2. The User shall, with respect to Username and password information, take full responsibility for any damages due to improper management, errors in use, usage by third parties, etc.
Article 6 (Fees and payment methods)
1. The equivalent value of the use of this Service and of Products for Purchase is deemed to be equivalent to the usage fees displayed on our Company Website and any other fees separately detailed by our Company. Users shall provide payment to our Company either through the Company Website or through other methods specified by our Company.
2. In the case of a delay to payments specified in the preceding paragraph, the User shall be subject to a late charge applied at the rate of 14.6% per annum.
Article 7 (Prohibited activities)
In using this Service, the User shall not perform any actions, or actions that this Company judges to be such actions, that are contained in the following items.
(1) Acts that violate laws or are related to criminal acts
(2) Fraud or coercive acts against this Company, other Users of this Service, or other third parties.
(3) Acts that violate public order and morals
(4) Acts that infringe on intellectual property rights, portrait rights, privacy rights, reputation, or any other rights or interests of this Company, this Service, other Users, or other third parties.
(5) The use of this Service to send information to Users of this Service that is of the type described below or is judged by the Company to be of the type described below
・ Information containing excessively violent or cruel forms of expression
・ Computer viruses and other harmful computer programs
・ Information that damages the reputation and credibility of our Company, other Service Users, or third parties
・ Information with overly obscene expressions
・ Information that promotes discrimination
・ Information that promotes suicide or self-harm
・ Information that promotes the inappropriate use of drugs
・ Information contains antisocial expressions
・ Information, such as chain mail, etc., that encourages the spread of information to third parties
・ Information including expressions that cause discomfort to others
・ Other information not directly related to the use of this Service
(6) Acts that place excessive load on the system or network of this Service
(7) Software analysis or reverse engineering of software and other systems provided by this Company
(8) The direct acquisition of Products for Purchase from producers, manufacturers, original owners, etc. or other acts that threaten to interfere with the operation of this Service
(9) Unauthorized access to our Company network or system
(10) Impersonation of a third party
(11) The use of Usernames or passwords belonging to other Users of this Service
(12) The conducting of advertising, marketing, solicitation, or business activities on our Service platform without prior permission from this Company
(13) Collection of information from other Users of this Service
(14) Acts that cause disadvantage, damage, or discomfort to our Company, other Users of this Service, or other third parties
(15) Acts in conflict with the rules of Service use posted by this Company on the Company Website or in conflict with other provisions regarding this Service specified by our Company
(16) Provision of profits to antisocial movements
(17) Acts for the purpose of meeting members of the opposite sex that one is not acquainted with
(18) Acts that, directly or indirectly, cause or facilitate any of the preceding items
(19) Any attempts to carry out or test any of the preceding items
(20) Any other acts that this Company deems to be inappropriate
Article 8 (Service stoppage, etc.)
In any of the following cases, this Company may suspend the provision of part or all of the Service without prior notification to the User.
(1) In the case of maintenance or inspection work on the Service computer system
(2) In the case that Service operation is not possible due to computer failure, communication line failure (and related failures), erroneous operation, excessive concentration of access, unauthorized access, hacking, etc.
(3) In the case that Service operation is not possible due to unavoidable events such as earthquakes, lightning strikes, fire, flood and storm damage, power outages, epidemics, or other natural disasters
(4) Any other cases where this Company deems suspension of Service to be necessary
Article 9 (Ownership of rights)
1. All intellectual property rights relating to this Company’s Website and this Service belong to this Company or those who have licensed to this Company. The use of this Service based on this Agreement does not authorize the use of intellectual property rights possessed by this Website, this Company, or those entities who have licensed to this Company.
2. The Company possesses full rights to the data produced by the User during use of this Service (hereinafter referred to as “target data”) and has the right to the disposal and management (includes the access and use of target data as well as its analysis, processing, copying, display, sharing with third parties, etc.) of this data. The User consents to this in advance. In such cases, if the target data contains personal information, this Company will take measures in observance of the law regarding the protection of personal information (Act No. 57 of May 30, 2003).
3. Intellectual property rights relating to the target data or the constituents of the target data, with the exception of data from dates prior to the date of User registration, belong to the Company or are transferred from the User to the Company at the time of creation (includes the rights listed in Article 27 and Article 28 of the Copyright Act (Act No. 48 of May 6, 1970)). In such a case, the User agrees to not exercise authors’ personal rights.
4. No compensation will be made to the User for the items described in the preceding two paragraphs (assumes, but is not restricted to, compensation, etc. for the use and transfer of target data).
Article 10 (Suspension, etc. of Service use and access)
1. In cases where any of the following items apply, this Company may either temporarily suspend or permanently revoke (after deleting application information) User access without prior notice. Furthermore, in such a case, the Company may also suspend Service Usage Contracts regarding Products for Purchase and other items.
(1) Violation of any of the terms of this Agreement
(2) Upon discovery of incorrect registration information
(3) In the case of suspension of payment or inability to pay, filing for bankruptcy, filing for civil rehabilitation, filing for corporate reorganization, filing for special liquidation, or filing for other similar proceedings.
(4) In the case of an extended period with no response following contact from this Company or following other requests for reply by this Company
(5) In the case that any of the items detailed in Article 3, paragraph 4 apply
(6) In the case that the Company judges that either continued Service usage or User registration is inappropriate.
2. In the case that any item in the previous paragraph applies, all debt carried by the User with respect to this Company becomes immediately due and payable, and the User must repay this debt to the Company at once.
Article 11 (Withdrawal)
1. Following the completion of procedures specified by this Company, the User may withdraw from this Service and cancel the Users’ registration.
2. In the case of withdrawal, if the User carries debt with respect to this Company, all such debts become immediately due and payable, and the User must repay this debt to the Company at once.
3. The handling of user information following withdrawal will be handled in accordance with the provisions of Article 16 (handling of user information).
Article 12 (Changes to or cessation to Service provision)
1. This Company has the ability, for its own reasons, to change the content of this Service or to cease its provision.
2. If this Company decides to cease the provision of this Service, it will notify the User in advance.
3. 3. Even in the case that this Service ends in the manner detailed in this Article, the terms defined in Article 9 (ownership of rights), Article 13 (return of Products for Purchase, etc.), Article 15 (confidentiality), Article 20 (transfer of contractual status, etc.) and Article 22 (governing law and court of jurisdiction) will continue to apply.
Article 13 (Return of Products for Purchase, etc.)
1. This Company will accept returns or exchanges for Products for Purchase for reasons of discrepancy, damage, failure, or other objectifiable product problems for a period of 8 days calculated from when the products of purchase arrive at the User. この場合において、返品または交換の方法、購入料金の返還・割引等についてはかかる客観的な不適合を理由の実情に応じて、当社は誠実に対応をするものとします。
2. The Company is not responsible for accepting returns or exchanges of Products for Purchase after the period stated in the previous paragraph has elapsed. Furthermore, following the establishment of a Service Usage Contract, the Company does not assume any responsibility, whether implied or explicitly stated, for the compliance of Products for Purchase to the User’s intended purpose or expectations regarding function, product value, accuracy, usefulness, or subjective level of satisfaction and utility. The Company also does not, with regard to the User’s use of this Service, assume responsibility for the compliance of the Users’ activities with laws, the internal rules of various corporations and organizations, the ability to continue use, or the occurrence of trouble.
3. This Company shall not be liable for damages incurred by registered Users in relation to this Service in excess of the amount paid by the User for the use of this Service. This Company shall also not be liable for lost profits or incidental, indirect, special, or future damages.
Article 14 (Termination)
1. If the circumstances detailed in Article 10 (suspension, etc. of Service use and access), paragraph 1 apply and the Company determines that measures detailed in the Article such as suspension of this Service are insufficient, the Company may, without prior notice, rescind all or part of the Service Usage Contract.
2. If the circumstances detailed in Article 10 (suspension, etc. of Service use and access), paragraph 1 apply and the Company determines that measures detailed in the Article such as suspension of this Service are insufficient, the Company may, without prior notice, rescind all or part of the Service Usage Contract.
3. Even in the case that this Service ends in the manner detailed in this Article, the terms defined in Article 9 (ownership of rights), Article 13 (return of Products for Purchase, etc.), Article 15 (confidentiality), Article 20 (transfer of contractual status, etc.) and Article 22 (governing law and court of jurisdiction) will continue to apply.
Article 15 (Confidentiality)
For non-public information that is disclosed by the Company to the User in relation to this Service and that the Company requests that the User handle confidentially, the User will handle this information confidentially unless the User has prior written permission from the Company. The User may not disclose or leak non-public information to third parties, and the User will not use non-public information for reasons outside of the use of the Service.
Article 16 (Handling of user information)
2. This Company shall, at its discretion, be able to use and disclose customer information and target data in a statistical form that prevents the individual from being identified, and the User shall not object to the use of information in this manner.
Article 17 (Changes to this Agreement)
1. The Company shall be able to change the contents of this Agreement without consent from the User, and the User consents to this. However, in the case that the contents of this Agreement are changed, the Company will define a reasonable period whereby the date of the changes and the new Agreement will be listed on the Company’s Website.
2. 2. The User, in the case that this Company takes measures detailed in the preceding paragraph, agrees to the contents of future changes regardless of whether the User is aware of the changes made. The User also renounces the ability to appeal to a lack of knowledge or a lack of consent.
Article 18 (Exclusion of transactions with antisocial forces)
1. The User expresses, guarantees, and pledges to continue to guarantee the truth of the matters in the following items.
(1) The User is not, and has never been, a member or associate of a crime syndicate, a Company with relations to crime syndicates, a racketeering group, a group engaged in criminal activities under the pretext of conducting social campaigns or political activities, or a crime group specialized in intellectual crimes (hereinafter referred to as “antisocial forces”).
(2) The Users’ officers (employees who carry out business, directors, executives, and persons equivalent thereto) are not antisocial forces.
(3) The User will not use antisocial forces.
(4) The User will not cooperate with or participate in the support of antisocial forces via the provision of funding or other activities.
(5) The User has no socially condemnable relationship with antisocial forces.
(6) The previous five items do not apply to the User’s officers, members, shareholders, parent companies, subsidiaries, and all other related companies
(7) The User will not personally or via a third party, direct violence, make unreasonable requests, commit fraud, or use threatening language at other parties in an attempt to interrupt business activities or destroy credibility.
2. In the case the User is found to be in violation of or is deemed liable to be in violation of the preceding items, the Company may cancel the Service use contract without notice and without provision for liabilities.
3. In the case that the previous paragraph applies, all debt carried by the User with respect to this Company becomes immediately due and payable, and the User must repay this debt to the Company at once.
4. In the case of cancellation of the Service use contract for reasons detailed in this Article, the User pledges to not make any claim for damages caused by the cancellation. On the other hand, this Company, with respect to the User, reserves the right to make claims for any damages caused by the cancellation.
5. Even in the case that this Service ends in the manner detailed in this Article, the terms defined in Article 9 (ownership of rights), Article 13 (return of Products for Purchase, etc.), Article 15 (confidentiality), Article 20 (transfer of contractual status, etc.) and Article 22 (governing law and court of jurisdiction) will continue to apply.
Article 19 (Notifications and communications)
Inquiries made by the User regarding this Service, notifications by the User related to the provisions of this Agreement, and other communications and notifications made by the User to this Company shall be conducted with the methods specified by this Company
Article 20 Transfer of contractual status, etc.）
1. The User may not pass on, transfer, collateralize, or otherwise dispose of contractual status or rights and obligations provided by this Agreement to a third party without prior written consent by this Company.
2. In the case that a business related to this Service is transferred to or acquired by another Company, this Company shall be able to transfer the contractual status, the rights and obligations provided by this Agreement, user registration information, and other user information to the new Company. The User agrees in advance to the contents of this clause for any potential business transfers. The business transfer detailed in this paragraph applies not only to ordinary business transfers but also to Company splits and other forms of business transfer.
Article 21 (Separability)
Even if any provision or part of a provision of this Agreement are determined to be invalid or unenforceable due to the Consumer Contract Act (Act No. 61 of May 12, 2000), any other parts of this Agreement other than those deemed unenforceable or invalid shall continue to have full effect.
Article 22 (Governing law and court of jurisdiction)
2. For any dispute arising out of or in relation to this Agreement or a Service Usage Contract, depending on the amount in controversy, either the Tokyo District Court or the Tokyo Summary Court shall be the exclusive court of jurisdiction for the first hearing.