Terms of Use

Terms of Service

These Terms of Service (hereinafter referred to as "these Terms") define the conditions for using the services (hereinafter referred to as "the Service") provided by Cafetales (hereinafter referred to as "the Company") on this website. All registered users (hereinafter referred to as "Users") shall use the Service in accordance with these Terms.

Article 1 (Applicability)

  1. These Terms shall apply to all relationships between Users and the Company regarding the use of the Service.
  2. In addition to these Terms, the Company may establish various rules and regulations (hereinafter referred to as "Individual Provisions") concerning the use of the Service. These Individual Provisions, regardless of their name, shall constitute a part of these Terms.
  3. If the provisions of these Terms conflict with the provisions of the Individual Provisions mentioned in the preceding paragraph, the provisions of the Individual Provisions shall prevail, unless otherwise specified in the Individual Provisions.

Article 2 (User Registration)

  1. In the Service, user registration shall be completed when an applicant for registration agrees to these Terms, applies for user registration according to the method prescribed by the Company, and the Company approves it.
  2. The Company may not approve an application for user registration if it determines that the applicant has any of the following reasons, and shall not be obliged to disclose the reason.
    1. If false information is provided in the application for user registration.
    2. If the application is from a person who has violated these Terms.
    3. In other cases where the Company deems the user registration inappropriate.

Article 3 (Management of User ID and Password)

  1. Users shall manage their User ID and password for the Service appropriately under their own responsibility.
  2. Users shall not transfer, lend, or share their User ID and password with any third party under any circumstances. If a login is made with a combination of User ID and password that matches the registered information, the Company shall deem it as use by the User who registered that User ID.
  3. The Company shall not be liable for any damages caused by the use of a User ID and password by a third party, except in cases where the Company has intentional misconduct or gross negligence.

Article 4 (Usage Fees and Payment Methods)

  1. Users shall pay the usage fees separately determined by the Company and displayed on this website for the paid parts of the Service, using the method specified by the Company.
  2. If a User delays payment of usage fees, the User shall pay a late payment interest at an annual rate of 14.6%.

Article 5 (Prohibited Acts)

Users shall not engage in the following acts when using the Service:

  1. Acts that violate laws or public order and morals.
  2. Acts related to criminal acts.
  3. Acts that infringe on copyrights, trademarks, and other intellectual property rights included in the Service, such as its content.
  4. Acts that destroy or interfere with the functions of the server or network of the Company, other Users, or other third parties.
  5. Acts of commercially using information obtained through the Service.
  6. Acts that may interfere with the operation of the Company's services.
  7. Acts of unauthorized access or attempts thereof.
  8. Acts of collecting or accumulating personal information of other Users.
  9. Acts of using the Service for illegal purposes.
  10. Acts that cause disadvantage, damage, or discomfort to other Users of the Service or other third parties.
  11. Acts of impersonating another User.
  12. Advertising, publicity, solicitation, or business activities on the Service not permitted by the Company.
  13. Acts aimed at meeting people of the opposite sex whom one has not met before.
  14. Acts of directly or indirectly providing benefits to anti-social forces in connection with the Company's services.
  15. Other acts that the Company deems inappropriate.

Article 6 (Suspension, etc., of the Provision of the Service)

  1. The Company may suspend or interrupt the provision of all or part of the Service without prior notice to Users if it determines that any of the following events has occurred:
    1. When performing maintenance inspection or updating of the computer system related to the Service.
    2. When the provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters.
    3. When computers or communication lines stop due to an accident.
    4. In other cases where the Company deems the provision of the Service difficult.
  2. The Company shall not be liable for any disadvantages or damages incurred by Users or third parties due to the suspension or interruption of the provision of the Service.

Article 7 (Usage Restrictions and Registration Deletion)

  1. If a User falls under any of the following, the Company may, without prior notice, restrict the User's use of all or part of the Service, or delete the User's registration.
    1. If the User violates any provision of these Terms.
    2. If it is found that there is false information in the registered details.
    3. If there is a default in payment obligations such as fees.
    4. If there is no response to contact from the Company for a certain period.
    5. If there has been no use of the Service for a certain period since the last use.
    6. In other cases where the Company deems the use of the Service inappropriate.
  2. The Company shall not be liable for any damages incurred by the User due to actions taken by the Company based on this Article.

Article 8 (Withdrawal)

Users may withdraw from the Service by following the withdrawal procedures prescribed by the Company.

Article 9 (Disclaimer of Warranties and Limitation of Liability)

  1. The Company does not explicitly or implicitly guarantee that the Service is free from factual or legal defects (including defects related to safety, reliability, accuracy, completeness, effectiveness, suitability for a particular purpose, security, errors, bugs, and infringement of rights).
  2. The Company shall not be liable for any damages incurred by Users arising from the Service. However, if the contract between the Company and the User regarding the Service (including these Terms) constitutes a consumer contract as stipulated in the Consumer Contract Act, this exemption clause shall not apply.
  3. Even in the case stipulated in the proviso of the preceding paragraph, the Company shall not be liable for any special damages (including cases where the Company or the User foresaw or could have foreseen the occurrence of damages) among the damages incurred by the User due to default of obligation or tort due to the Company's negligence (excluding gross negligence). Furthermore, the compensation for damages incurred by the User due to default of obligation or tort due to the Company's negligence (excluding gross negligence) shall be limited to the amount of usage fees received from the User in the month in which the damage occurred.
  4. The Company shall not be responsible for any transactions, communications, or disputes that arise between Users and other Users or third parties concerning the Service.

Article 10 (Changes to Service Content, etc.)

The Company may change the content of the Service or discontinue the provision of the Service without notifying Users, and shall not be liable for any damages incurred by Users as a result.

Article 11 (Changes to Terms of Service)

The Company may change these Terms at any time without notifying Users if it deems it necessary. If a User starts using the Service after a change to these Terms, that User shall be deemed to have agreed to the changed Terms.

Article 12 (Handling of Personal Information)

The Company shall handle personal information acquired through the use of the Service appropriately in accordance with the Company's "Privacy Policy".

Article 13 (Notice or Communication)

Notices or communications between Users and the Company shall be made by the method prescribed by the Company. The Company shall, unless a change notification is submitted by the User according to the method separately prescribed by the Company, deem the currently registered contact information as valid and send notices or communications to that contact information, and these shall be deemed to have reached the User at the time of dispatch.

Article 14 (Prohibition of Assignment of Rights and Obligations)

Users may not assign their position under the service agreement or their rights or obligations under these Terms to a third party, or offer them as security, without the prior written consent of the Company.

Article 15 (Governing Law and Jurisdiction)

  1. The interpretation of these Terms shall be governed by Japanese law.
  2. In the event of any dispute regarding the Service, the court having jurisdiction over the location of the Company's head office shall be the exclusive agreement jurisdiction.

End

 

Date of establishment: August 1, 2020

Yuya Murakami, Cafetales