Article 1: Objective
This agreement relates to the electronic commerce service provided by the internet site (hereafter referred to as “Site”) run by MIDAS (“Company”) and aims to specify the rights and obligations of the “Company” and the “Member” (defined in Article 2), as well as prescribe procedures concerning the use of “Services” by “Members.” This agreement applies to all e-commerce conducted through PC, smartphone application (iPhone or Android), and wireless communication, unless deemed in opposition to the said nature.
Article 2: Definition of Terms
Definition of terms used in this agreement are as follows:
Site operated by Company as of July 2018
* https://lifezipang.com
Announcements will be made should other websites be provided by the Company in the future.
Member: A person who has been granted a user ID upon registering personal information and agreeing to the terms and conditions of the Company and its Services as prescribed by this agreement.
ID: An English alphanumeric character set that has been registered by the Member and approved by the Company in order to avail of its Service(s).
Password: An English alphanumeric character set registered with the Company by the Member for identity confirmation purposes as well as to preserve interests and secrets.
Submission: Symbols, sentences, recorded voice files, photos, videos, other files and links submitted by the Member upon use of the Service(s) provided by the Site.
Terms not defined in this agreement shall be subject to the provisions of relevant laws and regulations.
Article 3: Explanation, Specifications and Revision of Agreement
In order for Members to easily locate the Company’s business representative(s), business address (including the directory for complaints), business registration number, contact details (phone number, fax number, e-mail address, etc.), mail-order business registration number, name of person-in-charge for personal information management, etc., a link to the necessary information shall be published on the front page the Site. The exact details of the information should be accessible by Members through a delegated landing page.
The Company may amend this agreement so long as the amendment does not violate any of the following: laws pertaining to regulation of terms and conditions, basic laws governing electronic publication and electronic trading, laws related to the protection of e-commerce customers, the Consumer Basic Act, as well as laws pertaining to the use and protection of location information.
In case the Company amends this agreement, the effective date and the reason(s) for amendment shall be displayed along with the current agreement on the notification portion of the Site, at least 7 days before the effective date. In case of amendments that will greatly affect the rights and obligations of Members, the notification will be displayed at least 30 days prior to the effective date.
According to the provisions of the preceding paragraph, if Members continue to use the Service(s) of the Company after the effective date of the amendment, they agree with the terms of the revised contract. Members who do not agree with the stipulations of the revised contract can freely cancel the use of the Company’s Services at any time.
With regard to matters not stipulated in this agreement and the interpretation of which, please abide by laws governing e-commerce and consumer protection, laws concerning the regulation of contracts, e-commerce consumer protection guidelines set by the Fair Trade Commission, etc.
Article 4: Issuance of User Agreement
The user agreement takes effect upon the Member’s agreement to the terms of use and the Company’s consent to the Member’s application.
The user agreement is effective as soon as the Site displays the Member’s completion of registration.
In compliance with laws and registrations, Members under the age of 19 may have limited access to portions of the Site.
Article 5: Application for Use and Acceptance
A Member is a person who, after registering the required information in the application form, expresses willingness to agree to this agreement.
The Company can reject the application of a prospective Member or cancel the registration of an existing Member for the following reasons:
-When the e-mail address of an applicant is already registered as a Member.
-The content of the application is proven false or erroneous, or if the account being registered is under a different name used for fraudulent reasons.
-The previous account of the applicant was cancelled by the Company in the last 3 months
-The applicant has previously lost their membership based on the stipulations of this agreement.
-When the applicant is applying with the aim of using the Service(s) to do illegal conduct or gain unauthorized profit. (This excludes any or all that fall within the Service(s) acknowledged by the Company.)
-If the username bears likeness to an ID that has been suspected of or has a history of unauthorized use.
-The applicant or Member has violated relevant laws, or has been proven to disturb peace and order and/or public morals.
-The Company is experiencing technical difficulties or has exceeded the capacity of its resources. In this case, the application may be withheld until the issue is resolved.
-A minor under the age of 19 applies without obtaining the consent of a legal representative.
-And other cases where it has been proven that the application is illegal or unjustifiable, or that the company has deemed within reasonable judgement that the rejection of the application or the cancellation of the membership is necessary.
Article 6: Hours of Service
In principle, the Company’s services are available 24/7, unless there are technical or management issues at hand.
Article 7: Responsibilities Related to User ID and Password
Members are obliged to manage their own ID and password.
Third parties are not allowed to use Members’ IDs and passwords.
The Member must notify the Company at once and follow the necessary procedures should they learn that their user ID and/or password have been stolen.
In relation to the preceding paragraph, the Member shall take responsibility for any trouble that might arise as a result of not notifying the Company upon being aware that their user ID and password have been stolen, or for failure to follow Company procedures regarding the matter.
Article 8: Duties of Members
Members must comply with relevant laws, the provisions of this agreement, usage guide, and other notifications from the Company. Members must not obstruct the affairs of other companies.
Members, when using the Company’s Service(s), must not:
-register false information;
-use the information the Company has published for illegal matters;
-send or post information other than the one delegated by the Company (computer programs, etc.);
-infringe the copyright of the Company or other third parties;
-interfere with business or inflict harm on the honor of the Company or other third parties;
-post materials that disturb public order, which include but are not limited to photos, videos, voice files and others that are obscene and/or violent in nature;
-fail to fulfill the obligations of Members; and
-violate laws and other rules set by the Company
Article 9. Duties of the Company
The Company must abide by the terms of this agreement, must not do actions that disturb the public good and must at all costs keep the Service(s) it provides running safely, continuously and in accordance with the provisions stated in this agreement.
In order for Members to safely use the Company’s Services, the Company must furnish the Site with a security system that protects the personal information of Members (confidential matters included). The Company must also make its privacy policies public and abide to them.
Article 10. Distribution of Information
The Company can contact the Member to relay Service-related information by e-mail, post mail, SMS or through other similar means. The Member may unsubscribe to receiving such information if they wish to do so. However, indispensable information (e.g. change in regulations or policies) must be relayed to the Member regardless of the status of their subscription.
Pursuant to the provision of the preceding paragraph, the Company may use the personal information submitted by the Member upon registration of after the purchase of a Service.
Article 11. Notifications to Members
When the Company must send notifications to members, it must do so using the e-mail address or SMS submitted by the Member upon registration.
When the Company must send mass notification to its Members, it can do so by posting the notice on the Site for more than a week, or instead send the notice directly to each Member. For matters that will greatly impact the transactions of Members, the Company must notify each Member directly.
Article 12. Management of Posts
The Member reserves the rights and responsibilities for all articles they make and publish. The Company may delete or limit access to the articles without prior notice should the article in question meet the following criteria:
-The article infringes rights, defames, slanders, or violates the trust and interests of another party.
-The article disturbs public order or morals.
-The content of the article is related to criminal acts.
-The content of the article infringes the copyright of the Company or a third party.
-The article contains, advertises or links to illegal content, pornography or other materials harmful to minors.
-The article is not related to the Site’s Services.
-The article writes false mattters as if it were true, interferes with the business of another company, or does not conform to fact verification requests sent twice or more
-When the article has been found to obstruct the smooth operation of the Company’s Services and/or other businesses.
-And others that are deemed to violate the terms of this agreement or that of relevant laws and regulations.
Any party whose legal profits have been infringed by a post as described by the 1st paragraph of this article may request cessation or deletion of the post following the standard procedures determined by law. The Company must also take the necessary measures in accordance with its internal policies and/or the standard procedures prescribed by law.
Should the Company pay the third party compensation for damages, the Member responsible for the post must also pay the Company the same amount immediately.
Because the Members loses their right to edit or delete an article after withdrawing membership, should the Member wish to edit or stop the distribution of their post, they must do so before withdrawing their membership.
Article 13. Post Copyright and Exclusive License
The copyright of the article that the Member writes belongs to the Company. Should users of the Site point out that the article infringes the copyright of other parties, the Member must bear responsibility.
The Member gives the Company exclusive rights to the user review they submit. The Company may continuously use this review for search engine exposure, promotion or advertisement without compensating the Member. If necessary, the Company may also partially correct, reproduce or edit the review.
Article 14. Usage Restrictions
The Company can restrict the Member’s use of Services through a warning, temporary suspension or permanent ban should the following criteria be met:
-The Member registered false information upon signing up.
-The Member obstructs the service usage of other Members, steals information or threatens order online.
-The Member uses the Company to commit law violations or disturb the public order.
Article 15. Suspension of Services
The Company may suspend its Services for the following reasons:
-The Company needs to repair or do maintenance work on equipment used to render Services.
-The telecommunications carrier suspends its services for a period of time as outlined by the Telecommunications Business Law
-And other unforeseen circumstances where suspension is inevitable.
Article 16. Cancellation and Termination of Terms of Use
16-1. Termination of Membership by Member
The Member may contact LifeZipang.com anytime and request to delete or dispose of their registration files.
Pursuant to the provision of the preceding paragraph, the Company may reinstate the Member based on its policies.
16-2. Termination of Membership by Company
The Company may terminate the membership of the Member for the reasons stated below, while upholding laws governing the protection of personal information:
-The Member infriges the rights of and/or damages the reputation of the Company, other Members or other parties. The Member violates the laws of the Japan.
-The Member promotes false or unconfirmed information about the Company’s Services.
-The Member obstructs or attempts to obstruct the smooth operation of the Company’s Services.
-Or any other cases where it is deemed necessary for the Company to refuse provision of its Services based on reasonable judgment.
Article 17. Attribution of Copyright and Usage Restriction
The copyright, patent right, trademark and other intellectual property rights of the written works created by the Company belongs to the Company.
Members may not reproduce, send, publish, distribute, broadcast to third parties the information they obtained from using the Services of the Company.
Article 18. Protection of Personal Information
The Company must notify and receive the consent of the Member whenever the Company collects and/or uses the Member’s personal information.
The Company cannot use the personal information they have obtained from the Member for any purpose other than what they have received consent for. Should the need for a new purpose arise, or in case there is a need to share the information to a third party, the Company must again notify the Member regarding the purpose with which they would like to use the data and subsequently receive consent. However, this does not apply to cases where laws dictate otherwise.
In relation to the first two preceding paragraphs, the Company must notify the Member of the details (name, phone number, department and other necessary contact details) of the person in charge of managing personal information. The Company must also notify the Member beforehand of the purpose of data collection and what it will be used for, details regarding the sharing of data with a third party (the name of the third party, why the Member’s personal information is being shared, as well as the details being shared) in compliance with Article 2 Paragraph 2 of the Use and Promotion of Telecommunications and Information Protection Act. The Member may withdraw their consent any time.
The Member may request to see the personal information they submitted to the Company or ask to correct errors any time. Upon receiving such request, the Company must attend to it immediately. In case a Member has requested for correction, the Company may not use the submitted personal information until corrected. However, the process for checking and/or correcting personal information must be carried out following the guidelines set by the Company.
In order to protect Members’ personal information, the Company must limit the number of people who can manage it to a bare minimum. The Company is also liable for any damages inflicted on the Member with regard to credit card details, bank information and other personal information, including but not limited to loss, theft, leakage, and/or sharing of personal data to a third party without prior consent.
When sharing a Member’s personal information with a third party, the Company must dispose of the Member’s personal information as soon as the objective for which the data was shared has been met.
The Company must not set up the agreement screen regarding the acquisition, use and sharing of personal information in such a way that agreement is selected in advance. The Company must also clarify and present in detail which Services will have limited use upon the Member’s rejection of the Terms of Use. The Company must not limit services or reject a Member’s registration due to their rejection of the terms of agreement.
Article 19. Disclaimer
The Company will not be held liable for failure to provide Services in the event of natural disasters or other similar unforeseeable circumstance.
The Company will not be held liable should the Member be unable to use its Services due to reasons of their own doing.
The Company is not responsible for any loss of profit the the Member expects to gain from using its Services. It is also not responsible for any damages caused by materials obtained from other services.
The Company will not be held liable for the accuracy and/or credibility of content published by Members.
The Company is not responsible for transactions between Members or between Members and third parties made through its Services.
Article 20. Resolution of Disputes
The Company allows legitimate complaints and words of dissatisfaction to be published on the Site and makes sure that a mechanism to handle such complaints is in place and operational.
The Company handles complaints according to priority. In case the case is difficult to handle promptly, the Company must notify the Member and explain the reason(s) behind the delay as well as when the issue is expected to be resolved.
Article 21. Governing Laws and Court of Competent Jurisdiction
For the interpretation of this agreement and disputes between the Company and the Member(s), Japanese laws and regulations apply.
Should there be a lawsuit between the Company and the Member(s) as a result of using the Company’s Service(s), it is assumed that the Member agrees to hold the initial hearing at the Tokyo District Court.
Supplementary Provision
This agreement is effective from July 5, 2018.
