Article 1 (Application)
2. This TOU will be applied to all the relationships between the customer who uses the Services (hereinafter referred as the “User”) and the Company regarding on the conditions and the utilizations of the Services.
3. All the explanations of the Services and all the guidance, notifications, official notices, announcements about the Services provided by the Company besides the terms set forth in this TOU shall be the part of this TOU.
4. The terms set forth in this TOU prevail in case of the difference between the terms set for in this TOU and the other explanations raised in the previous paragraph.
5. The Company may inform the User about the handling of the Services through the announcement on the website or the emails.
Article 2 (Receiving Amount)
1. When the Company is paying out the revenue/consideration to the User through other services that it operates as a service designated by the Company that corresponds to the Service (hereinafter, the "Service that Corresponds to SKIYAKI WALLET"), such payment amount will be registered as "Receiving Amount" under the Services on the User’s account.
2. By making the amount registered under Receiving Amount as the upper limit, the User can request the Company to remit the payment to the financial institution account of his/her choice, or other remittance method that can correspond to the Services. Please note that the Company may set up a minimum amount for remittance request or remittance handling fee. If the Company decides to set up a remittance handling fee, the Company will pay the amount that deducted the remittance handling fee from the billed amount to the User’s specified account. Furthermore, costs expected to be borne by the User specifically prescribed by a third party regarding the receiving method in which the User has selected (example: Bank’s ATM usage charge, etc.) will be considered a separate fee from the remittance handling fee.
3. If the User makes an input error when entering the account number or account information of the financial institution, etc. that he/she is registering for the Services due to one’s own fault and therefore the payment stated in the above paragraph was not carried out normally, he/she will still be charged with the remittance handling fee and such fee will be deducted from the User’s Receiving Amount. Furthermore, if remittance was made to the bank account or other account of a third party due to the input error of account number and account information, the Company will not assume any liabilities against such User.
Article 3 (Withdrawal etc.)
If the User decides to withdraw from the Services or to delete SKIYAKI ID, he/she will be deemed to have consented to the fact that he/she has forfeited the rights pertaining to the Receiving Amount that still has yet to be billed. For this reason, when requesting to withdraw from the Services or to delete the SKIYAKI ID, he/she must make sure to bill the payment of Receiving Amount personally being owed to, and only proceed with the Services withdrawal procedure and deletion procedure of SKIYAKI ID after receiving the said payment from the Company.
Article 4 (Prohibitions)
The User is prohibited from engaging in the following acts within a scope of the Services. If the Company determines the User to have fallen under any of the following acts, the Company may suspend the Service use, confiscate the rights pertaining to the Receiving Amount under the Service, delete SKIYAKI ID without any advance notification. In addition, in the event damages are incurred by the Company or its business partners due to violation by Users, they may claim damages in some cases:
- (2) Acts that violate any laws or regulations (regardless of the name by which such social rules may be called), acts that violate public order and morality, acts that are apprehended to violate these social rules, or acts that solicit or invite violation of these social rules
- (3) Acts of collecting and storing the personal information of third parties, or publicly disclosing the personal information of a third party (except in the case disclosure is required in order to receive benefits)
- (4) Acts of impersonating the Company, group companies of the Company, outsourcers of the Company, other Users, subcontractors of the Company or any other third parties
- (5) Acts of imposing an unreasonable burden on the server hosting the Service or interfering with other Users' and the Service Using Candidate’s use of the Service
- (6) Acts of transmitting information containing computer viruses or other harmful computer programs or making it receivable by others
- (7) Acts of unauthorized use or tampering with data related to the Service
- (8) Acts of submitting false or misleading declarations and notifications to the Company
- (9) Acts of hindering operation of the Services, acts of hindering exchange or sharing of information which is led by others, acts of giving disadvantage to the Company or others such as discrediting or infringement of property right
- (10) Acts of using the account of another User to access the Service, with or without that User's consent
- (11) Acts of defaming the products and services, etc. offered by the Company
- (12) Acts of significantly interfering with operation of the Services or business of the Company through long time telephone calling, excessively repeating the same inquiries or compelling the matter without obligation or without reason
- (13) Acts of leasing, lending, assigning, guaranteeing own ID or password to a third party. Or acts of accessing the site which the Company operates with the purpose of changing name, permitting a third-party utilization or with any commercial purposes.
- (14) Acts of altering or deleting, etc. the contents of the Services
- (15) Acts of acquiring Registered Information, etc. of other Users, etc. by fraudulent means (including so-called phishing and any means equivalent thereto)
- (16) Acts of money laundering and any other acts that the Company determines there are possible violations of the Act on Prevention of Transfer of Criminal Proceeds (Act No. 22 of 2007)
- (17) When the Company determines the User facing a credit crunch
- (18) Acts of delaying payment of any monetary obligations to the Company, or failing to pay any monetary obligations to the Company
- (19) Other acts that the Company deems inappropriate in view of the purposes of the Services
Article 5 (Suspension and Cancellation of Use of the Services)
1. If the Company suspends or prohibits the User from using the Services or decides to delete the User’s SKIYAKI ID pursuant to the previous Article, the said User will be deemed to have forfeited the entire rights pertaining to the Receiving Amount under the Service.
2. The Company may interrupt, suspend or terminate the Services in whole or in part when the Company deems so necessary in order to perform system maintenance or in the event of unavoidable circumstances such as natural disaster.
3. The Company assumes no liability in relation to any damages suffered by Users or third parties in connection with the delay, change to, interruption, suspension, cancellation, termination and abolition, etc. of the provision of the Service including as a result of the circumstances set forth in the preceding two paragraphs.
Article 6 (Guarantee)
The Company does not in any way guarantee that the Services are compatible with the User's specific purposes, that the User's utilization of the Services is compliant with laws, regulations and industry association standards, etc., and that the content of the Services is free from defects.
Article 7 (User’s Personal Information, etc.)
1. The Company will use the personal information in the User's use of the Services for the following purposes. The Company shall not use the User's personal Information beyond the scope of these purposes except when the Company obtains the User's approval. Additionally, the Company is also entitled to disclose the User's personal Information pursuant to the Personal Information Protection Act or other applicable laws and regulations
- (1) To provide the Services (to pay the Receiving Amount to the User, etc.), and to respond to enquiries and conduct research, etc. in relation thereto
- (2) To introduce and provide information about the Company's products and services (by sending e-mail magazines, etc.), or request participation in questionnaires, etc. in relation thereto
- (3) To analyze the utilization of the Services, including, but not limited to user demographics.
2. The Company will not provide the User's personal information to any third party except as stipulated in the Agreement or under the following circumstances
- (1) When required by the Personal Information Protection Act or other applicable laws and regulations
- (2) The Company receives a request for disclosure from a person or party that has legal authority
- (3) The Company recovers or protects the rights of the Company and the third party against imminent and unlawful infringement
- (4) The Company deems the need to disclose the personal information to a person or company entrusted with operations in the course of business of operating the Service
- (5) When providing information to the transferee in the event the Company has transferred business related to the Service to a third party via succession or another method
3. If a change in personal information occurred, the User who has a SKIYAKI ID shall promptly update the Information that the User has registered with his/her SKIYAKI ID, in the manner prescribed by the Company. The Company assumes no liability for any disadvantage the User has suffered as a result of neglecting to keep his/her registered information up to date.
Article 8 (Termination of the Service)
1. The Company may terminate the provision of the Services in whole or in part after notifying the User in advance. In this case, the notification or announcement of the termination of the Service in whole or in part will be e-mailed to the User's registered e-mail address or posted on the Service website, etc.
2. By providing notification or announcement prior to the termination of the Service pursuant to the provisions of the preceding paragraph, the Company is exempted from any liability and responsibility to the User in connection with the termination of the Service except where otherwise stipulated by Laws and Regulations of Japan and except for payment of the Receiving Amount.
Article 9 (Liability)
1. The Company assumes no liability to the User, other Users or any other third party in relation to the outcomes of any activities performed by Users using the Services or the Service that Corresponds to SKIYAKI WALLET.
2. If the User has become involved in a dispute with other Users or a third party in connection with his/her use of the Services or the Service that Corresponds to SKIYAKI WALLET, he/she shall resolve said dispute on his/her own responsibility and at his/her own expense so as not to cause any damage to the Company.
Article 10 (Modification)
1. The Company can modify the content of the Agreement when the Company deems so necessary for the smooth and proper management of the Service.
- (1) When a modification in this TOU conforms to general interests of the User.
- (2) Modifications to this TOU are not contrary to the purpose of the contract and are reasonable in light of the necessity of the modifications, the significance of the contents after the modifications, the details of the modifications, and other circumstances related to the modifications.
2. The Company shall notify or inform the Users with the contents and the effect date of the modification by email or by the announcement on the website of the Services when modifying this TOU.
3.It shall be deemed that the User agree to the modification of this TOU when he/she keeps using the Services after the effect date of the modification.
Article 11 (Governing Law)
1. The Agreement shall be governed by and construed in accordance with the laws of Japan.
2. In the case when a certain part of this TOU has no effect in relation with the forced regulations, such as Basic Consumer Act (Act No. 78 of May 30, 1968), etc., the rest part of this TOU shall keep having the maximal effect.
Article 12 (Court of Competent Jurisdiction)
The Tokyo District Court or Tokyo Summary Court shall have the exclusive jurisdiction to hear any disputes arising between the User and the Company in connection with the Service at the first instance, in the case when there is no agreement is reached after the User and the Company’s consultation.