Terms of service

 

These Terms of Use (the “Terms”) set forth the conditions for the use of the services (the “Services”) provided on this website by Tosho Rubber Industry Co., Ltd. (the “Company”). Registered users (the “Users”) shall use the Services in accordance with these Terms.

 

Article 1 (Application)

  1. These Terms apply to all relationships between the User and the Company concerning the use of the Services.

  2. In addition to these Terms, the Company may establish various rules and guidelines for the use of the Services (collectively, the “Individual Rules”). Regardless of their names, such Individual Rules constitute a part of these Terms.

  3. If any provision of these Terms conflicts with any provision of the Individual Rules, the provisions of the Individual Rules shall prevail, unless otherwise expressly provided therein.

  4. In using the Services, Users shall also comply with other policies separately established by the Company, including the Privacy Policy, Returns & Refunds Policy, Shipping Policy, and Legal Notice under the Act on Specified Commercial Transactions.

 

Article 2 (User Registration)

  1. For certain parts of the Services, registration is completed when an applicant agrees to these Terms, applies for registration in the manner prescribed by the Company, and the Company approves such application.

  2. The Company may refuse registration if it determines that an applicant falls under any of the following, and the Company shall have no obligation to disclose the reasons:

    • False information was submitted at the time of application;

    • The applicant has previously violated these Terms; or

    • The Company otherwise deems the registration inappropriate.

  3. If a minor uses the Services, the consent of a parent or guardian is required. The Company may allow cancellation of orders placed by minors without such consent.

 

Article 3 (Management of User ID and Password)

  1. Users shall manage their User IDs and passwords for the Services at their own responsibility.

  2. Users shall not transfer, lend, or share their User IDs and passwords with any third party. If the combination of a User ID and password matches the registered information and a login occurs, the Company will treat such use as the User’s own.

  3. The Company assumes no liability for any damage arising from use by a third party of a User ID or password, except in cases of willful misconduct or gross negligence by the Company.

 

Article 4 (Fees and Payment Methods)

  1. A sales contract between the User and the Company is formed when the User places an order for products on the Company’s website and the Company accepts such order. The Company may cancel orders due to unavoidable reasons such as stock shortage or system failures.

  2. Users shall pay the fees for any paid portions of the Services, as separately determined and displayed on the website, using the payment methods specified by the Company.

  3. If a User delays payment, the User shall pay default interest at an annual rate of 14.6%.

 

Article 5 (Prohibited Acts)

Users shall not engage in any of the following when using the Services:

  • Acts that violate laws or public order and morals;

  • Acts related to criminal conduct;

  • Infringement of copyrights, trademarks, or other intellectual property rights contained in or related to the Services;

  • Acts that destroy or interfere with the functions of the servers or networks of the Company, other Users, or third parties;

  • Commercial use of information obtained via the Services;

  • Acts that may interfere with the operation of the Company’s Services;

  • Unauthorized access or attempts thereto;

  • Collection or accumulation of personal information relating to other Users;

  • Use of the Services for improper purposes;

  • Acts that cause disadvantage, damage, or discomfort to other Users or third parties;

  • Impersonation of other Users;

  • Advertising, solicitation, or business activities on the Services without the Company’s permission;

  • Acts aimed at meeting strangers of the opposite sex;

  • Providing benefits directly or indirectly to antisocial forces in connection with the Company’s Services;

  • Any other acts deemed inappropriate by the Company;

  • Purchasing Company products for the purpose of resale, re-sale, or listing at auction.

 

Article 6 (Suspension of the Services)

  1. The Company may suspend or interrupt all or part of the Services without prior notice to Users if it determines that any of the following applies:

    • Maintenance or updates to the computer systems related to the Services;

    • Difficulty in providing the Services due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters;

    • Accidents causing suspension of computers or communication lines; or

    • Other cases in which the Company deems it difficult to provide the Services.

  2. The Company shall not be liable for any disadvantage or damage incurred by Users or third parties due to such suspension or interruption.

 

Article 7 (Usage Restrictions and Deregistration)

  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 Services or delete the User’s registration:

    • Violation of any provision of these Terms;

    • Discovery that registered information contains false facts;

    • Non-payment of fees or other obligations;

    • No response from the User for a certain period to communications from the Company;

    • No use of the Services for a certain period; or

    • Any other case in which the Company deems the use of the Services inappropriate.

  2. The Company shall not be liable for damages arising from actions taken under this Article.

 

Article 8 (Withdrawal)

Users may withdraw from the Services by completing the withdrawal procedures prescribed by the Company.

 

Article 9 (Disclaimer of Warranties and Limitation of Liability)

  1. The Company makes no express or implied warranties that the Services are free from factual or legal defects (including defects related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, or security; errors or bugs; or infringement of rights).

  2. The Company shall not be liable for any damages arising from the Services, except in cases of willful misconduct or gross negligence by the Company. However, if the agreement between the Company and the User regarding the Services (including these Terms) constitutes a consumer contract under applicable consumer protection laws, this disclaimer shall not apply.

  3. Even in the case described in the proviso of the preceding paragraph, the Company shall not be liable for damages arising from special circumstances (including cases where the Company or the User foresaw or could have foreseen such damages) caused by the Company’s negligence (excluding gross negligence) in breach of contract or tort. Furthermore, compensation for damages arising from the Company’s negligence (excluding gross negligence) in breach of contract or tort shall be limited to the amount of fees received from the User in the month in which such damages occurred.

  4. The Company shall bear no responsibility for transactions, communications, or disputes between Users and other Users or third parties in connection with the Services.

  5. While the Company endeavors to present product images and descriptions accurately, differences in display environments and the nature of natural or handmade products may result in slight individual variations in color, shape, or size. Such variations do not constitute defects and are not eligible for returns or refunds.

 

Article 10 (Changes to the Services)

The Company may, upon prior notice to Users, change, add to, or discontinue the contents of the Services, and Users agree to such changes.

 

Article 11 (Amendments to the Terms)

  1. The Company may amend these Terms without obtaining the individual consent of Users in the following cases:

    • When the amendment is in the general interest of Users; or

    • When the amendment is reasonable in light of the purpose of the contract for use of the Services, the necessity of the amendment, the reasonableness of the amended content, and other relevant circumstances.

  2. In amending these Terms pursuant to the preceding paragraph, the Company will notify Users in advance of the fact of amendment, the amended content, and the effective date.

 

Article 12 (Handling of Personal Information)

Personal information obtained through the use of the Services shall be handled appropriately in accordance with the Company’s Privacy Policy.

 

Article 13 (Notices and Communications)

Notices or communications between Users and the Company shall be given in the manner prescribed by the Company. Unless the User has submitted a change request in the manner separately prescribed by the Company, the Company may deem the currently registered contact information to be valid and provide notices or communications thereto, which shall be deemed to have reached the User at the time of dispatch.

 

Article 14 (Prohibition of Assignment)

Users may not assign or pledge their contractual status under the user agreement or any rights or obligations under these Terms to any third party without the prior written consent of the Company.

 

Article 15 (Governing Law and Jurisdiction)

  1. These Terms shall be governed by the laws of Japan.

  2. Any disputes arising in connection with the Services shall be subject to the exclusive jurisdiction of the Chiba District Court.