Terms of Use
This English version is a reference translation provided for convenience. If there is any difference between this version and the Japanese original, the Japanese original prevails.
These Terms of Use (these “Terms”) set out the conditions for using the websites, web services and related software and applications provided by GARLAND inc. (the “Company”) (each individual service, collectively, the “Services”). The Company may provide multiple services, and these Terms apply together with any terms, guidelines, etc. that the Company separately establishes for each service (“Individual Provisions”). Please read these Terms carefully before using the Services.
Article 1 (Application)
These Terms apply to all relationships between users and the Company concerning the use of the Services. In addition to these Terms, the Company may establish various rules for the Services, such as rules for their use (Individual Provisions). Regardless of their names, these Individual Provisions form part of these Terms. If a provision of these Terms conflicts with a provision of the Individual Provisions, the provision of the Individual Provisions prevails unless the Individual Provisions specifically provide otherwise.
Article 2 (Registration)
For the Services, registration is completed when an applicant agrees to these Terms, applies for registration by the method prescribed by the Company, and the Company approves the application. The Company may decline to approve an application if the applicant has provided false information, has violated these Terms in the past, or if the Company otherwise judges the registration to be inappropriate, and the Company has no obligation to disclose its reasons.
Article 3 (Management of User IDs and Passwords)
Users shall properly manage their user ID and password for the Services at their own responsibility. Users may not, under any circumstances, transfer or lend their user ID and password to a third party, or share them with a third party. If a login is made with a combination of user ID and password that matches the registered information, the Company will deem it to be use by the user who registered that user ID.
Article 4 (Fees and Payment Methods)
As consideration for the paid functions and services of the Services, users shall pay the usage fees that the Company separately sets for each service and displays on that service’s website or application screen, by the method designated by the Company. If a user delays payment of a usage fee, the user shall pay late-payment damages at a rate of 14.6% per annum.
Article 5 (Prohibited Conduct)
In using the Services, users must not engage in the following conduct:
- Conduct that violates laws and regulations or public order and morals
- Conduct related to criminal acts
- Conduct that infringes copyrights, trademark rights or other intellectual property rights contained in the Services, such as their content, or that copies or modifies them without authorization
- Conduct that destroys or interferes with the functions of the Company’s servers or networks
- Conduct that may interfere with the operation of the Services
- Improperly collecting or accumulating personal information, etc. about other users
- Unauthorized access, or attempts at unauthorized access
- Impersonating other users
- Directly or indirectly providing benefits to anti-social forces in connection with the Services
- Any other conduct that the Company judges to be inappropriate
Article 6 (Suspension of the Services, etc.)
The Company may suspend or interrupt the provision of all or part of the Services without prior notice to users when maintenance, inspection or updating of the computer systems for the Services is carried out; when provision of the Services becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages or natural disasters; when computers or communication lines stop due to an accident; or when the Company otherwise judges that provision of the Services is difficult. The Company bears no responsibility whatsoever for any disadvantage or damage suffered by users or third parties due to the suspension or interruption of the Services.
Article 7 (Restriction of Use and Cancellation of Registration)
If a user violates any provision of these Terms, if any registered information is found to be false, if the user does not respond to communications from the Company for a certain period, or if the Company otherwise judges that the user’s use of the Services or continued registration as a user is inappropriate, the Company may, without prior notice, restrict the user’s use of all or part of the Services or cancel the user’s registration. The Company bears no responsibility whatsoever for damage suffered by users as a result of actions taken by the Company under this Article.
Article 8 (Withdrawal)
Users may withdraw from the Services at any time through the withdrawal procedure prescribed by the Company.
Article 9 (Disclaimer of Warranties and Limitation of Liability)
The Company does not warrant, either expressly or impliedly, that the Services are free of factual or legal defects (including defects relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose or security, as well as errors, bugs and infringement of rights). To the extent permitted by law, the Company is not liable for damage suffered by users arising from the Services. However, if the contract between the Company and a user concerning the Services (including these Terms) is a consumer contract as defined in the Consumer Contract Act of Japan, the provision in the first part of this Article that fully exempts the Company from liability for damages does not apply. In that case, compensation for damage suffered by a user due to the Company’s default or tort (in each case excluding cases of the Company’s intent or gross negligence) is limited to ordinary damage actually incurred due to reasons attributable to the Company, and the Company is not liable for damage arising from special circumstances (including where the occurrence of the damage was foreseen or foreseeable). In addition, except in cases of the Company’s intent or gross negligence, the total amount of the Company’s liability for damages concerning the Services is limited to the total usage fees actually paid by the user to the Company for the relevant service during the 12 months immediately before the damage occurred.
Article 10 (Changes to the Services, etc.)
The Company may, with prior notice to users, change the content of the Services or discontinue the provision of the Services, and, to the extent permitted by law, is not liable for damage suffered by users as a result.
Article 11 (Changes to These Terms)
Where these Terms (including the Individual Provisions) constitute standard terms under the Civil Code of Japan, the Company may change these Terms (1) when the change conforms to the general interests of users, or (2) when the change does not go against the purpose of the contract and is reasonable in light of the necessity of the change, the appropriateness of the changed content, and other circumstances relating to the change. When changing these Terms, the Company will make the content of the changed Terms and their effective date known, before that date arrives, by posting on this website or by other appropriate methods. If a user continues to use the Services after the change takes effect, the user will be deemed to have agreed to the changed Terms.
Article 12 (Handling of Personal Information)
The Company will properly handle personal information obtained through the use of the Services in accordance with the Company’s Privacy Policy.
Article 13 (Notices and Communications)
Notices and communications between users and the Company shall be made by the method prescribed by the Company. Unless a user notifies the Company of a change in the manner separately prescribed by the Company, the Company will deem the currently registered contact details to be valid and send notices or communications to them, and these will be deemed to have reached the user when sent.
Article 14 (Prohibition of Assignment of Rights and Obligations)
Users may not, without the Company’s prior written consent, assign to a third party, or provide as security, their position under the usage contract or their rights or obligations under these Terms.
Article 15 (Governing Law and Jurisdiction)
These Terms are governed by and construed in accordance with the laws of Japan. If a dispute arises concerning the Services, the district court or summary court having jurisdiction over the location of the Company’s head office shall be the exclusive agreed court of first instance, except as otherwise provided by law.
Article 16 (Handling of Notification Emails, etc.)
In connection with the operation of the Services, the Company may send notification emails, etc. to the registered email address based on notification conditions set by the user or on matters the Company judges necessary. Users are responsible for keeping their registered email address up to date and able to receive email. The Company bears no responsibility whatsoever for non-delivery, delay, missing content, etc. of notification emails caused by failures along the email delivery route, filtering by email delivery providers, the settings of the email client used by the user, or other causes beyond the Company’s reasonable control. Users may stop receiving any notification email at any time from the unsubscribe link in each notification email or from the settings page. However, important communications concerning the provision of the Services, such as notices about changes to these Terms, identity verification, security, fees and contracts, may continue to be sent to the registered email address even after unsubscribing. Details of how email addresses are handled are governed by the Company’s Privacy Policy.
Contact
GARLAND inc.
Representative Director: Hiroshi Otsuka
Yamato Bldg. 405, 1-6-16 Kanda Izumicho, Chiyoda-ku, Tokyo 101-0024, Japan
contact@garland-i.com