Terms of Services

The purpose of this Terms of Services (hereinafter referred to as “TOS”) is to establish the terms and conditions for using the Web Order System provided by Yamamoto Corporation (hereinafter referred to as “YC”) on this Web Site (hereinafter referred to as “Services”).

All registered users (hereinafter referred to as “User”) shall follow this TOS when they use Services.

Article 1 (Application)

1.1. This TOS shall apply any transactions and related matters between YC and User using this Services.

1.2. YC may establish rules and regulations relating to use of Services in addition to this TOS from time to time (hereinafter referred to as “Individual Rules”).

Individual Rules shall be considered as a part of TOS regardless of names of such Individual Rules.

1.3. In the event of any discrepancy between TOS and Individual Rules, unless otherwise specifically provided in Individual Rules, this TOS shall prevail.

Article 2 (Registration of using Services)

2.1. The registration is completed when a user submits an application form prescribed by YC with consent to be bound by this TOS to YC and YC gives such user the notice of acceptance by YC.

2-2. YC may reject an application by a user when YC considers that there is following reason. YC shall have no obligation to disclose the reason indicated above to the user or any other party.

(i) In case where the application form or documents to be submitted to YC includes false statement.

(ii) The applicant violated this TOS in the past.

(iii) If YC considers that accepting the application for registration is not appropriate.

Article 3. (User ID and Administration of User Pass Ward)

3-1. User shall be solely responsible to administer such User’s ID and Pass Ward.

3-2. User shall not assign, transfer, or lend such User’s ID or Pass Ward to any third party nor share such ID or Pass Ward with any third party.

3-3. YC may assume that Services is used by User himself/herself, if login is made using the same ID and Pass Ward registered by such User.

3-4. Unless YC intentionally acted or acted with gross negligence, YC shall not be liable for any damages suffered by any User with respect to the use of ID and Pass Ward by third party.

Article 4. (Sales and Purchase Contract)

4-1. In this Services, the sales and purchase contract between YC and User is deemed to be entered into when User subscribes its purchase order to YC and YC dispatch its acceptance to such User. The title of the goods shall be transferred from YC to User when YC delivers the goods to transportation entity.

4-2. YC may terminate the sales and purchase agreement indicated in above provision 4-2 without giving prior notice to the User, in the event of following cases.

(i) The User breaches this TOS.

(ii) Delivery of the products cannot be performed because of User’s address unknown or long absence of User.

(ii) Any other reason by which YC considers a relation of mutual trust with the User is lost.

4-3. YC shall establish separate rules with respect to payment system, delivery method, cancel of the purchase order and return of products.

Article 5. (Intellectual Property Rights)

Copy rights and other intellectual property rights of products pictures and other contents provided by Services (hereinafter referred to as “Contents”) shall be owned by YC or Contents provider who has legitimate rights, and User shall not do any duplication, reprint, renovation, or secondary use.

Article 6. (Prohibited Matters)

User shall not commit any of the following acts when using Services.

(i) Any acts against public policy or laws and regulations.

(ii) Any acts relating to criminal acts.

(iii) Any acts infringing copy rights, trade mark rights and other intellectual property rights included in Services.

(iv) Any acts destroying or disturbing YC’s server or network.

(v) Use information obtained through Services for its own commercial activities.

(vi) Any acts which may disturb operation of Services.

(vii) Commit unauthorized access or try to such access.

(viii) Collect or accumulate other User’s Personal Information.

(ix) Pretend to be other User.

(x) Give directly or indirectly profit relating to Services to antisocial force.

(xi) Any other acts which YC considers inappropriate.

Article 7. (Cease of Providing Services)

7-1. YC may cease providing whole or part of Services or temporally stop providing Services without giving prior notice to User, in the event of following cases.

(i) When performing maintenance inspection or updating of computer system relating to Services.

(ii) When it becomes difficult to provide Services because of earthquake, a stroke of lightning, fire, power failure, natural disaster or other force majeure events.

(iii) When the computer or communication channel for Services is stopped because of an accident.

(vi) When YC considers that providing Services is difficult.

7-2. YC shall not be liable for any damages suffered by User or third party arising from stop or interruption of providing Services by whatever reason.

Article 8. (Limitation of Use and Cancellation of Registration)

8-1. YC may limit the use of whole or part of Services by User or cancel the registration of User without giving prior notice to User, in the event of following cases.

(i) User breaches any one or more provisions of this TOS.

(ii) It becomes clear that registered matters include false representation.

(iii) The use of credit card reported by User for payment is suspended.

(iv) User does not make any payment which becomes due.

(v) User does not respond to YC’s correspondence within designated period.

(vi) User does not use Services for certain period after the last use of Services.

(vii) When YC considers that using Services by User is inappropriate.

8-2. YC shall not be liable for any damages suffered by User arising from YC’s acts provided in above provision 8-1.

Article 9. (Cancellation of Registration)

User may cancel its registration in accordance with the procedure established by YC.

Article 10. (No Warranty and Limitation of Liability)

10-1. YC does not warrant that Services will be free of factual or legal defects (including without limitation, safety, reliability, accuracy, completeness, effectiveness, fitness for particular purpose, security, any error or bug, infringement of other’s rights).

10-2. YC shall not be liable for any damages of User caused by use of Services except for the situation where the contract between YC and User (including this TOS) is the consumer contract under Japanese Consumer Contract Law.

10-3. Even though the contract is consumer contract as provided in above provision, YC shall not be liable for special damages, indirect or consequential damages of any kind (including any loss or damage foresaw or foreseeable by YC or User) caused by YC’s negligence (except for YC’s gross negligence).

10-4. YC shall not be responsible for any transaction, communication or dispute between User and other User or third party relating to Services.

Article 11. (Modification, Deletion or Amendment of Services)

11-1. YC may modify, delete, or amend the contents of Services or cease to provide Services without notice to User. YC shall not be liable for any damages of User caused by YC’s such actions.

Article 12. (Modification, Deletion or Amendment of this TOS)

12-1. Contents of this TOS may be modified, deleted, or amended by YC at any time when YC considers necessary without notice to User.

12-2. Any User uses Services after modification, deletion or amendment of this TOS, such User shall be deemed to agree such modification, deletion, or amendment of this TOS.

Article 13. (Treatment of Personal Information)

YC shall properly treat Personal Information obtained through use of Services in accordance with YC’s Privacy Policy.

Article 14. (Notice)

Any notice between User and YC shall be made in accordance with the way established by YC. Unless YC will have received notice of change of contact address from any of User, YC may send any notice to such User at the contact address presently registered with YC by such User. Any such notice shall be deemed to have been received by the User at the time of dispatch.

Article 15. (No Assignment)

User shall not, in whole or in part, assign, pledge or otherwise transfer its position in this TOS or any rights and obligations created hereunder, without the prior written consent of YC.

Article 16. (Governing Law and Jurisdiction)

16-1. This TOS shall be governed by and construed in accordance with the laws of Japan. This TOS shall not be governed by the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods.

16-2. Any dispute arising out of or in relation to this TOS or Services shall be exclusively submitted to the court which has jurisdiction over YC’ head office location.

Yamamoto Corporation (hereinafter referred to as “YC”) hereby establishes this privacy policy (the policy for enhancing protection of personal information, hereinafter referred to as “Privacy Policy”) relating to the treatment of personal information of users obtained through services provided by YC on this website (hereinafter referred to as “Services”).

Article 1. (Personal Information)

"Personal Information" in this Privacy Policy shall mean the personal information defined by Japanese Act on the Protection of Personal Information

including but not limited to information relating to a living individual containing a name, date of birth, address, phone number, contact address and other descriptions by which a specific individual can be identified and appearance, finger prints, sonogram, insurer number of health insurance card and others by only each one of such information a specific individual can be identified (“Information For Personal Identification”).

Article 2. (Method to Collect Personal Information)

At the time when a user registers to use this website, YC may request such user to provide Personal Information including but not limited to name, date of birth, address, phone number, email address, bank account number, credit card number, driver’s license number and others.

YC may collect such user’s information relating to such user’s transaction and settlement with business partner of YC including but not limited to Personal Information from such business partner (including without limitation, information supply source, advertiser, advertise delivery destination, hereinafter referred to as “Business Partner”)

Article 3. (Purpose of Collecting and Using Personal Information)

YC collects and uses Personal Information for following purposes:

(1) Providing Services to users and conducting related operations,

(2) Responding questions from users,

(3) Sending emails to users to inform users about new function, renewal and campaign or other services provided by YC,

(4) Notifying users about maintenance or other important notice,

(5) Identifying users violating Terms of Services or using Services for improper or illegal purposes and rejecting use of Services by such users,

(6) Providing users methods to check, modify and delete users’ Personal Information collected by YC,

(7) Claiming usage fees to users in the event of fee-based services, and

(8) Any other purposes incidental to above purposes.

Article 4. (Change of Purpose of Use)

4-1. YC may change the purpose of use of Personal Information as far as the changed purpose is reasonably related to the original purpose.

4-2. YC shall notify users or publicize on this website the changed purpose of use when it makes change of the purpose of use.

Article 5. (Providing Personal Information to Third Parties)

5-1. YC will not provide user’s Personal Information to any third party without user’s advance consent, except as provided bellow.

Provided however, YC may provide user’s Personal Information to any third party when allowed by Japanese Act on the Protection of Personal Information or any laws in Japan.

(1) It is necessary for the protection of the safety or property of users or the public, and it is difficult or impractical to obtain the consent of the individual,

(2) It is necessary for public health or education and it is difficult or impractical to obtain the consent of the individual

(3) It is made in cooperation with national or local authorities, or an individual or entity appointed by such authorities to enforce the law or carry out legal process, and in which seeking the consent of the individual could affect such enforcement or legal process

(4) When YC notifies users or publicizes on this website following matters in advance and reports to Personal Information Protection Commission.

(i) Purpose of use includes providing Personal Information to any third parties.

(ii) Items of Personal Information to be provided to third parties.

(iii) Method and means for providing Personal Information to third parties.

(iv) YC will stop providing to third parties at the user’s request.

(v) The way YC accepts user’s such request.

5-2. Notwithstanding above provision 5-2, in the event provided bellow, such provision of Personal Information shall not be considered as providing to third parties.

(i) YC will entrust an individual or entity with the handling of whole or any part of Personal Information to the extent necessary to achieve the purposes of use.

(ii) Providing Personal Information pursuant to a merger, acquisition, or succession of business.

(iii) In the event of joint utilization of Personal Information with a specified person,

the user relating to such Personal Information has in advance been informed such joint utilization or a state has been in place where such user can easily know to that effect , the categories of the jointly utilized Personal Information, the scope of a jointly utilizing person, the utilization purpose for the utilizing person and the name or appellation of a person responsible for controlling the said Personal Information.

Article 6. (Disclosure of Personal Information)

6-1. YC will, when having received a demand from a user to disclose such user’s Personal Information retained by YC，disclose Personal Information of such user to such user without delay.

However, in cases where disclosing such Personal Information falls under any of each following item, a whole or part thereof may not be disclosed. YC will, when having decided not to disclose a whole or part of such user’s Personal Information in connection with a demand pursuant to this provision or when such Personal Information does not exist, inform such user thereof without delay.

6-2. Notwithstanding above provision 6-1, YC will not disclose any information, including without limitation historical information and characteristic information, other than Personal Information.

6-3. YC will charge 1,000 Japanese Yen per each demand of disclosure.

(i) In the event that there is a possibility of harming such user or third party's life, body, fortune or other rights and interests.

(ii) In the event that there is a possibility of interfering seriously with YC’s implementation of its business properly.

(iii) In the event to violate other laws or regulations.

Article 7. (Correction and Deletion of Personal Information)

7-1. A user may, when the contents of Personal Information retained by YC relating to such user are not factual, demand YC to make a correction, addition, or deletion (hereinafter referred to as "Correction”) regarding the contents of such Personal Information in accordance with the procedure established by YC.

7-2. YC will, in case of having received a demand pursuant to the above provision 7-1, and accepted the necessity to make Correction, make a Correction of the contents of the Personal Information without delay.

7-3. YC will, when having made a Correction on a whole or part of the contents of the Personal Information in accordance with above provision 7-2, or when having decided not to make a Correction, inform a user without delay to that effect.

Article 8. (Stop Use of Personal Information)

8-1. When YC is requested by a user to stop using such user’s Personal Information on the basis that such information was collected improperly or is being used for purposes other than those specified without such user’s consent, YC will make necessary investigation of the facts relating to such request without delay.

8-2. If YC finds a valid reason for such request after the investigation provided in above provision 8-1, YC will cease use of such Personal Information.

8-3. YC will, when having fulfilled a utilization cease or decided not to fulfill a utilization cease of a whole or part of Personal Information in accordance with above provisions 8-1 and 8-2, inform such user to that effect without delay.

8-4. Notwithstanding above provisions 8-2 and 8-3, YC will take alternative way to protect such user’s rights and interests in cases where a utilization cease of the said Personal Information requires a large amount of expenses or other cases where it is difficult to fulfil a utilization cease.

Article 9. (Modification, Deletion and Amendment of this Privacy Policy)

9-1. The contents of this Privacy Policy may be modified, deleted, or amended by YC at any time without notice to users unless otherwise provided in laws in Japan or this Privacy Policy.

9-2. The amendment, deletion or modification of this Privacy Policy shall become effective when published in this website unless otherwise specified separately by YC.

Article 10. (Contact to YC)

Any questions, inquiries or concerns relating to this Privacy Policy may be directed to the following contacting point.

Address

Corporate Name

Department in Charge

Email Address

Separate Rules for Payment and Others Provided in Article 4-3 of Terms of Services

1. Payment

User shall make payment for the goods and other payment on or before the date designated by YC using payment method selected by User at the time of placing order.

If User does not make payment on the due date, the contract based upon the purchase order placed by User may be automatically terminated except for the case where the payment may be made at the time of next purchase order with the payment for next order.

2. Delivery

Delivery date may be varied by goods but sometimes it may take at longest months.

3. Delivery Method

YC will ship goods by using transportation method selected by User. Provided however, transportation method may be changed when YC considers the transportation method selected by User is not suitable because of characteristics of goods.

4. Cancel and Return

4-1. Cancel of purchase order, termination of sales and purchase contract, and return or replace of products (hereinafter collectively referred to as “Return”) shall be processed according to the terms and conditions provided in following provisions.

User is required to confirm these terms and conditions prior to placing purchase order.

4-2. YC will reject return of goods based upon User’s own reason.

4.3. The material manufactured by YC (chloroprene rubber material) is mainly developed for production of wet suit and having high tenderness and elasticity compared with industrial rubber. As such, during slicing process, gluing with jersey process, storage, and transportation, considerable defects may be generated.

Even in this event, there is no problem for use and YC will not accept return or replace material unless such material is completely unable to be used.

Provided however, this provision shall not apply when goods have material defect.

5. Dispose of Goods

5-1. If any goods are unable to deliver, YC may dispose or instruct to dispose such goods immediately unless such situation has been caused by reason attributable to YC’s responsibility.

5-2. Except for the disposal by reason attributable to YC’s responsibility, YC may apply sales proceeds generated from disposal of the goods as provided in above 5-1 to the costs necessary for storage and disposal of such products and other costs relating to the goods.

5-3. If there is any amount remaining after completion of the process provided in above 5-3, YC will wire transfer such amount to the bank account designated by User within ___days after the day when the remaining amount is determined or User designates the bank account whichever later.

The costs for wire transfer shall be born by User.

5-4. The remaining amount shall have no interest.

5-5. YC shall not be liable for any damages suffered by User caused by the disposal of the goods provided in this Article.

6. Refund

6-1. In the event of return of the goods, YC may give notice to User relating to the refund of price of such goods.

6-2. The refund from YC will be made by wire transfer to the bank account designated by User.

6-3. The amount of refund may be kept by YC as deposit if User wants to do so.