Terms of Use

 

The "IORILINK Member Registration Terms of Use" (hereinafter referred to as the "Terms") set forth the terms and conditions that members must comply with when using the "IORILINK" online service provided by Toho Advertising Co., Ltd. (hereinafter referred to as the "Company"), as well as the rights and obligations between the Company and users of the web service (hereinafter referred to as the "Member"). Please be sure to read the entire text if you intend to use the Service.

 

Article 1: Scope of Application of These Terms

1. The purpose of these Terms is to define the rights and obligations between the Company and Members (defined in Article 2) regarding the use of the Service (defined in Article 2), and they apply to all relationships between Members and the Company regarding the use of the Service.
2. By commencing use of the Service, Members shall be deemed to have accepted the contents of these Terms.
3. Regardless of the form of notification, the rules, regulations, guidelines, and personal information protection policy (Privacy Policy) regarding the Service announced by the Company from time to time shall constitute part of these Terms.

Article 2: Definitions

The following terms used in these Terms shall have the meanings set forth below.

- "Intellectual Property Rights" means copyrights, patents, utility model rights, trademarks, design rights, and other intellectual property rights (including the right to acquire such rights or apply for registration, etc. of such rights).

- "Website" means the website operated by our company with the domain "https://iori-japan.com" (including the website after any changes to the domain or content of our website for any reason).

- "Applicant" means a "person who wishes to register" as defined in Article 3.

- "Registration Information" means "Registration Information" as defined in Article 3.

- "Member" means an individual, sole proprietor, or corporation who has registered as a user of the Service pursuant to Article 3.

- "Producer" means an individual or corporation that produces or processes the products offered on the Service.

- "Service" means the platform service called "IORILINK" provided by our company (including the service after any changes to the name or content of the service for any reason).

・"User Agreement" means the terms of use for the Service established between the Company and a Member pursuant to Article 3, Paragraph 5, and pursuant to the provisions of these Terms.

・"External SNS Service" means Facebook, Instagram, Twitter, or other social networking services provided by a provider other than the Company, as specified by the Company, which have functions such as publishing content on such external social networks and are used in the implementation of the Service.

・"External SNS Provider" means the service provider of the External SNS Service.

Article 3: Member Registration

1. Those who wish to use the Service (hereinafter referred to as "Applicants") are required to register as members. By agreeing to abide by these Terms and providing the Company with certain information specified by the Company (hereinafter referred to as "Registration Information") in the manner specified by the Company, an Applicant may apply to register to use the Service. Users of the Service are deemed to have agreed to these Terms.
2. Registration applications must be made by the individual or corporation using the Service; as a general rule, applications made by a representative are not permitted.
3. Applicants must provide the Company with true, accurate, and up-to-date information when applying for registration.
4. The Company will determine whether or not to accept an Applicant for registration in accordance with its standards. If the Company approves registration, the Applicant will be notified of this, and the Applicant's registration as a Member will be deemed complete upon notification. Members of the Service are individuals, corporations, and sole proprietors. If, after reviewing the registration information, the Company determines that an Applicant is unsuitable for registration, the Company may refuse to register the Applicant as a Member.
5. Upon completion of registration as set forth in the preceding paragraph, a service agreement for the Service in accordance with the provisions of these Terms and Conditions will be established between the Member and the Company, and the Member will be able to use the Service in the manner specified by the Company.
6. The Company may refuse registration if an Applicant who has applied for registration pursuant to Paragraph 1 falls under any of the following reasons.

(1) If we determine that there is a risk of violating these Terms of Use.

(2) If all or part of the registration information provided to us is false, incorrect, or missing.

(3) If the registration for use of this Service has been revoked in the past.

(4) If you are a minor, adult ward, person under curatorship, or person under assistance, and apply for registration without the consent of your legal representative. In the case of an adult ward, if your adult guardian has not completed the registration process on your behalf.

(5) If we determine that you are a member of anti-social forces (meaning organized crime groups, gang members, right-wing organizations, anti-social forces, or other similar entities; the same applies hereinafter), or that you have some kind of interaction or involvement with anti-social forces, such as cooperating with or participating in the maintenance, operation, or management of anti-social forces through funding or other means.

(6) If we otherwise determine that registration is inappropriate.

 

Article 4: Changes to Registration Information

If there are any changes or errors in the registration information, the Member shall promptly notify the Company of such matters using the method specified by the Company and keep the information up to date.

Article 5: Management of User ID and Password

1. Members who wish to use the Service online will be notified of the user ID and password required to log in to the dedicated screen. Members shall manage and store their user ID and password at their own risk and shall not allow a third party to use them or loan, transfer, change the name of, or buy or sell them.
2. The Member shall be responsible for any damages resulting from improper management, erroneous use, or use by a third party of their user ID or password, and the Company shall not be held liable in any way.
3. If a Member discovers that their user ID or password has been stolen or is being used by a third party, the Member shall immediately notify the Company and follow instructions from the Company.

Article 6: Use of the Service

1. The Company provides the Service only to Members who reside in Japan and whose product delivery address is within Japan (some areas, such as remote islands, may be excluded). Please note that delivery may be limited to certain areas depending on the product.
2. During the validity period of the Service Agreement, Members may use the Service in accordance with the methods specified by the Company, within the scope of the purpose of the Agreement and to the extent that they do not violate these Terms and Conditions.
3. The Member shall prepare and maintain, at their own expense and responsibility, any computers, software, other equipment, communication lines, and other communications environment necessary to receive the Service.
4. Members shall take, at their own expense and responsibility, security measures to prevent computer virus infection, unauthorized access, and information leaks, etc., appropriate to their usage environment of the Service.
5. The Company may outsource all or part of its operations in providing the Service to third parties.

Article 7: Sales and Purchase of Products

1. The Service provides a platform for producers (store owners) to sell products to Members. A sales contract is concluded between the producer (store owner) and the Member in accordance with the terms separately presented by the producer (store owner). Members acknowledge that the Company is not a party to any sales contracts made through the Service.
2. Members shall place orders on this website in accordance with the specified method, and the submission of this order information shall constitute an application for a sales contract for the relevant product.
3. When the Company receives the application set forth in the preceding paragraph, it will send the Member an email confirming receipt of the order information and stating the order details (hereinafter referred to as the "Order Confirmation Email"). A sales contract for the relevant product shall be concluded at the time the Order Confirmation Email or Order Confirmation Message is sent from the Company to the Member.
4. Once a sales contract is concluded, it cannot be canceled.
5. After the sales contract is concluded, the invoice amount may change due to factors such as the total product volume or harvest situation. In such cases, the Company will promptly notify the Member of the changes, and the sales contract will be renewed at the time the Company receives notification of acceptance from the Member. If there is a reasonable reason for such a change in the invoice amount, the Member shall, in principle, accept the changes.
6. In the event of a product defect, a difference in the product description from the actual product type, or damage to the product during delivery due to improper packaging, the producer (seller) shall be responsible, unless our company is at fault, and shall provide a refund, product collection, or exchange through our company at the producer's (seller's) own expense and responsibility.
7. Our company may not accept a member's purchase application or cancel an order after it has been received for any of the following reasons:

(1) If the ordered product is out of stock or there is a defect in the quantity or quality of the product.

(2) If the order is made for resale or fraudulent purposes.

(3) If it is discovered that the member has violated these Terms of Use.

(4) If we are unable to contact the member.

(5) If our company otherwise determines that the order is inappropriate.

8. Members may not assign, transfer, pledge, or otherwise dispose of their contractual status in any sales contract concluded based on this service, or any rights or obligations arising from such contract, to a third party.
9. If the service agreement between a Producer and our company regarding the Service that a Member has entered into through the Service terminates due to expiration of the contract period, cancellation, or other reason, the agreement regarding the Service between the Member and the Producer will also automatically terminate.
10. Our company shall not be liable for breach of contract, non-conformity with contract, or any other liability regarding sales contracts under the Service.

 

Article 8: Prohibited Acts

1. When using the Service, Members must not engage in any of the following acts:

(1) Actions that violate laws and regulations, these Terms, our terms and conditions, guidelines, etc.

(2) Actions that infringe on the property rights, intellectual property rights, portrait rights, privacy rights, reputation, or other rights or interests of our company, other members, producers, or other third parties (including actions that directly or indirectly cause such infringements)

(3) Actions such as election campaigning, solicitation for religion or network marketing, or other sales activities

(4) Actions related to criminal activities or actions that violate public order and morals

(5) Actions that interfere with or may interfere with our operations or the use of the service by other members

(6) Actions that transmit information containing computer viruses or other harmful computer programs, or actions that tamper with information

(7) Actions by the same person holding multiple accounts

(8) Use for the purpose of resale or fraudulent activities

(9) Other actions that our company deems inappropriate

2. If our company determines that a member's actions fall under any of the items in the preceding paragraph or are likely to fall under any of the items in the preceding paragraph, we reserve the right to suspend the member's use, cancel their registration, or delete all or part of their information without prior notice to the member. The Company shall not be liable for any damages incurred by Members as a result of measures taken by the Company pursuant to this paragraph.

Article 9: Suspension of the Service, etc.

1. The Company may suspend or interrupt all or part of the use of the Service without prior notice to Members in any of the following cases:

(1) When regular or emergency inspection or maintenance work is performed on the computer system related to the Service.

(2) When computers, communication lines, etc. are stopped due to an accident.

(3) When operation of the Service becomes impossible due to force majeure, such as fire, power outage, natural disaster, or war.

(4) When an external SNS service experiences trouble, service interruption or suspension, or specification change.

(5) When the Company deems suspension or interruption necessary for any other reason.

2. The Company may terminate the provision of the Service at its convenience. In such cases, the Company will notify Members in advance.
3. The Company shall not be liable for any damages incurred by Members as a result of measures taken by the Company pursuant to this Article.

 

Article 10 Ownership of Rights

1. All intellectual property rights and other rights related to this website (including text, images, videos, programs, etc.) and the Service belong to our company. Reproduction, duplication, analysis, publication, or any other infringement of these rights is prohibited without our permission.
2. We may freely use (including reproduction, copying, modification, sublicensing to third parties, and any other use) any text, images, videos, or other data posted or transmitted by members on this website or the Service, free of charge.

Article 11 Cancellation of Registration, etc.

1. If a member falls under any of the following circumstances, our company may temporarily suspend the member's use of the Service or cancel the member's registration without prior notice or warning. Such cancellation of registration, etc., shall not prevent our company from claiming damages against the member.

(1) If you violate any provision of these Terms and Conditions

(2) If the registration information is found to contain false information, or if we determine that such information is false

(3) If you use or attempt to use the Service for purposes or in a manner that may cause harm to us, other members, producers, or other third parties

(4) If you interfere with the operation of the Service, regardless of the means

(5) If you suspend or become insolvent, or if a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or similar proceedings is filed against you

(6) If a bill or check you issued or accepted is dishonored, or if you are subject to a suspension of transactions by a bill clearing house or similar action

(7) If a petition for seizure, provisional seizure, provisional disposition, compulsory execution, or auction is filed against you

(8) If you are subject to a disposition for delinquent taxes and public dues

(9) If you die or if a judgment for the commencement of guardianship, curatorship, or assistance is filed against you

(10) (11) If the Member has not used the Service for more than three months and has not responded to our communications for more than two weeks.

(12) If the Member falls under any of the items in Article 3, Paragraph 6.

(2) If the Member otherwise determines that the Member's continued registration is inappropriate.

2. The Company shall not be liable for any damages incurred by the Member as a result of the Company's actions under this Article.
3. A Member may cancel his/her membership by notifying the Company at least two weeks in advance in accordance with the method prescribed by the Company. In this case, the Member's subsequent shipment of products and provision of other services will be suspended upon the Member's cancellation. The Company may charge the Member for the product price, shipping fees, various fees, and other cancellation costs for the cancelled transaction.

Article 12: Disclaimer of Warranties and Indemnity

1. The Company does not provide any guarantees to Members beyond those set forth in these Terms and Conditions.
2. Any transactions, communications, disputes, etc. arising between a Member and other Members, producers, external SNS providers, or other third parties in connection with the Service or this Website shall be handled and resolved solely by the Member, and the Company shall not be liable for any such matters.
3. We shall not be liable for any damages suffered by a Member in connection with the Service, including any interruption, suspension, termination, unavailability, or modification of the Service by us, deletion or loss of a Member's messages or information, cancellation of a Member's registration, loss of data or malfunction or damage to equipment resulting from use of the Service, or any other damages suffered by a Member in connection with the Service.
4. Even if our website provides links to other websites and apps, or links from other websites and apps to this Website, we shall not be liable for any reason whatsoever with respect to websites and apps other than this Website or information obtained therefrom.

Article 13: Dispute Resolution and Compensation for Damages

1. If a Member causes damage to the Company through a violation of these Terms of Use or in connection with the use of the Service, the Member must compensate the Company for such damages.
2. If the Company receives any claim or demand from another Member, producer, external SNS provider, or other third party for infringement of rights or other reasons in connection with the Member's use of the Service, the Member shall handle and resolve such claim at his/her own responsibility, and the Company shall not be liable in any way. In this case, if the Company compensates the other party for damages on behalf of the Member, the Member must compensate the Company for an amount equivalent to the damages.
3. The Company shall not be liable for any damages suffered by a Member in connection with the Service.

Even if the Company is liable for damages to a Member due to the application of laws and regulations such as the Consumer Contract Act or for other reasons, notwithstanding the existence of the Company's disclaimer clause set forth in these Terms and Conditions, the scope of the Company's liability shall be limited to direct and ordinary damages and shall not include indirect damages such as lost profits or lost business opportunities.

Article 14: Handling of Personal Information

1. The Company will handle Members' personal information in accordance with the Personal Information Protection Regulations (Privacy Policy) separately established by the Company, and Members agree to this.
2. When applying to use the Service, Members agree that their personal information will be provided to third parties such as producers and delivery companies to the extent necessary to provide the Service.

Article 15: Changes to These Terms and Conditions

1. The Company reserves the right to freely change the content of the Service.
2. We reserve the right to change these Terms and Conditions (including the rules and regulations regarding the Service posted on this website; the same applies hereinafter in this paragraph). If we change these Terms and Conditions, we will notify members of the changes, and if a member uses the Service after being notified of the changes or fails to take steps to cancel their registration within the period specified by our company, the member will be deemed to have agreed to the changes to these Terms and Conditions.
3. We shall not be liable for any damages incurred by members as a result of the changes to these Terms and Conditions stipulated in paragraph 2.

  Article 16: Transfer of Rights, etc.

1. Members may not assign, transfer, pledge, or otherwise dispose of their status under the Service Agreement or their rights or obligations under these Terms to a third party without the prior written consent of the Company.
2. If the Company transfers the business related to the Service to another company, the Company may transfer their status under the Service Agreement, their rights and obligations under these Terms, and Members' registration information and other customer information to the transferee of the business. Members hereby consent to such transfer in advance. The business transfer referred to in this paragraph includes not only ordinary business transfers but also company splits and any other cases of business transfer.

Article 17: Entire Agreement

These Terms constitute the entire agreement between the Company and Members regarding the matters contained herein and supersede all prior agreements, representations, and understandings, whether oral or written, between the Company and Members regarding the matters contained herein.

Article 18: Severability

Even if any provision or portion of these Terms and Conditions is found to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and Conditions, including the remaining portion of the invalid or unenforceable provision, will remain in full force and effect. Furthermore, the Company and the Member shall, after consultation, amend the invalid or unenforceable provision to the extent necessary to make it legal and enforceable, thereby striving to ensure the intent of the provision and equivalent legal and economic effects.

Article 19: Governing Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of Japan. Any disputes arising out of or relating to the Service (including court arbitration proceedings) shall be subject to the exclusive jurisdiction of the Osaka Summary Court or the Osaka District Court as the court of first instance.

                                                                                                                                    [Enacted February 2022]