Terms of Service

1. General Provisions A) These Terms of Use set forth the terms and conditions that apply when customers conduct transactions, such as the purchasing of products, on the EC market place or services (hereinafter “MARKETS”) offered by TRiCERA Inc. (hereinafter, “COMPANY”)

B) Regarding customer use of MARKETS, in addition to these Terms of Use, COMPANY may set forth special provisions regarding the use of individual services, subordinate terms hereto, guidelines, and other policies. Any subordinate clauses, guidelines, or other addendums hereto shall constitute a part of these Terms of Use, collectively referred to as “Terms of Use, etc.,” and shall apply to customer use of MARKETS.

C) Customers agree to Terms of Use, etc. when they use of MARKETS.

D) MARKETS displays and sells the products to the customers online in addition to supports of shipping and inquiries from them and offer special features and other information related to　 MARKETS including other services.
2. Filing Requests, etc. for Purchase A) Customers may use MARKETS after the registration pursuant to our specified method.

B) The information submitted for the registration by customers shall be true, exact and updated promptly if there is any change. COMPANY bears no responsibility for any damages to customers by the reasons below.

I. The information is falsified , wrong or omissions
II. Customers take actions violating this Terms of Use or unauthorized use of MARKETS by a third party caused by insufficient management of registered information etc.

C) Customers may file requests to purchase products through MARKETS pursuant to procedures set forth by COMPANY. COMPANY may also change the specifications, etc. of the filing procedures at a time of its choosing for the purpose of improving expediency for customers.

D) The payment method, shipping method, and other transactional terms and conditions available when customers place orders may be changed by case. Customers shall be personally responsible for checking these terms and conditions prior to filing requests to purchase products.

E) When a customer completes the filing process, a sales agreement between the customer and COMPANY has NOT been established for the product pertaining to the filed request. A sales agreement for the product pertaining to the filed request will be established when the status on the customer’s purchase history changes to “Order Confirmed.”

F) After completion of the filing process by customers, COMPANY may reject the transaction. In such case, customers shall not be entitled to demand COMPANY to fulfill the sales agreement.
3. Payment A) Customers shall complete payment for the price of the product and any additional service charges etc., via the payment method selected when placing the order by the COMPANY’s specified deadline. If the customer fails to make payment by the given deadline, the sales agreement established subject to the request shall be rescinded automatically.
4. Transfer of ownership A) COMPANY shall dispatch products after confirmation of completion of payment process.

B) Ownership of products shall transfer from COMPANY to customers when customers receive products at the place specified by customers.

C) COMPANY shall bear damages and loss of products before delivery at the place specified by customers caused by carriers with willful misconduct or negligence.
5. Cancellation, Returns, etc. by customers A) COMPANY may refuse deals of products in the time during establishing a sales agreement after filing a process set forth in clause 2 section E.

B) COMPANY may terminate sales agreements notifying customers the following cases that customers apply.

I. Customers prove to be violating this terms and conditions or have risk of it.
II. COMPANY confirms no payment until the due date specified by COMPANY. (Including a case that customer request of credit cards is not approved.
III. Delivery is difficult in cases such as out of stock of the products or out of the service area that customers live or specified.
IV. Customers deny the receipt of products.
V. Customers violate the section 13 “Prohibitions”
VI. Customers are applied or applying to be any of the following insolvent, commencing special liquidation, commencing civil rehabilitation or company rehabilitation.
VII. Customers are seized(distraint), provisional seized, in provisional disposition, in complaints of petition, in compulsory execution, or have deposition for failure to pay taxes or public dues by third parties.
VIII. COMPANY determines necessity to cancel the sale and purchase agreement with customers

C) COMPANY will NOT bear any responsibility even if any damage or disadvantage arises to customers due to failure of the sales contract under paragraph A of this section or the cancellation of the sales agreement under the preceding paragraph.
6. Cancellation, Returns, etc. by customers A) After applying for purchasing to COMPANY, customers can cancel the application free of charge until the status of the purchase history changes to 'Order Confirmed'

B) If the following cases (hereinafter, 'Deficiencies') are recognized for the products COMPANY has shipped to the customer, COMPANY will return the products or exchange (hereinafter, 'Return').

I. When products which customers have not purchased has been sent.
II. When the product condition described in MARKETS differs from the actual product sent by COMPANY.

C) COMPANY shall respond to the exchange only in cases which COMPANY holds the same type and the quantity of products in inventory as the product for which the customer has applied to purchase.

D) If there is no stock or there is a shortage, COMPANY responds by return regardless of customer's choice.

E) Customers who wish to Return the products, if there are any Deficiencies in the products, shall notify COMPANY by the method specified by COMPANY within 48 hours after the arrival of the products, and apply for Returning the products within 14 days (the day of arrival of products is defined as the first day (hereinafter, 'the First Day of Arrival')).

F) If COMPANY can confirm the product return to our company by the 21st day from the First Day of Arrival and COMPANY can confirm the Deficiencies for the product of which the customer made application for Returns, COMPANY informs you that COMPANY will accept Returns. COMPANY will bear the cost of Return etc. in this case.

G) In addition to practicing the procedures set forth in paragraph C and the preceding paragraph, if Customers do NOT satisfy all of the following conditions, COMPANY may not accept requests for Returns etc. after shipment of products. With respect to the fact that Customers cannot fulfill the conditions specified in this section, Customers cannot claim any objection on COMPANY's response to the requests of Returns unless there are reasonable and just reasons.

I. The products are not opened or completely new.
II. After receipt of products, breakage of products etc. by Customers is not recognized. However, even when the product is broken at the time of receipt of the product, if it is obvious that the cause is the intent or negligence of the carrier at the time of delivery of the product to the location designated by the customer, COMPANY accepts Returns.
III. All the packing materials are preserved, available enough to protect the products again.
IV. The products are packed same as the time when the customers received the carton or sufficiently.
V. All the documents and other items are preserved and available to return without lacking.
VI. All the conditions of this section are confirmed with the methods specified by COMPANY and approved by COMPANY.
H) When accepting the exchange of goods, COMPANY ships the same type and quantity of goods (hereinafter, 'Replacement Item') at its expense as the product which the customer applied for purchase, promptly after COMPANY notifies Customers as in paragraph D, to the place designated by the customer as the delivery destination at the time of purchase. Ownership of goods (hereinafter, 'Returned goods') which COMPANY received for Deficiencies will be transferred from the customer to COMPANY at the time COMPANY shipped Replacement Item. Paragraph B of section 4, for transfer of ownership of the replacement product and this section for the incompleteness of Replacement Item shall apply mutatis mutandis respectively.
I) In the event that we are unable to accept Customers' requests for Returns etc, COMPANY will promptly notify the customer that COMPANY will not be able to accept the request, and at the same time COMPANY will ship Returned item to the place specified as the delivery destination at the time of purchase at the customer's expense. The customer is responsible for the risk of damage or loss of Returned items not attributable to our company but other accidents during delivery.
J) If COMPANY is unable to accept Returns of products that Customers applied, depending on our judgment, COMPANY may accept the restoration or repair regarding the abnormality of the product state. The details of expenses, method and timing of state restoration or repair shall be determined by discussions.
7. Refunds A) If Customers choose to return products, COMPANY may refund after inspection of the returns through COMPANY's specified method.

B) If any problem accountable for customers is found, COMPANY may refund the amount of difference between the price paid and the amount necessary for recovery and return of it.

C) COMPANY will refund by the methods depending on the payment methods the customer used.

D) If the customer fails to provide the account information for the transfer by the deadline specified by COMPANY, or if the transfer cannot be made due to mistaken account information. COMPANY shall NOT bear the late charge or other charges due to delay at all.
8. Liability of Warranty of Defects A) In the events that there are defects hidden behind the product received by customers, causing damage to the customer due to it, COMPANY will NOT bear any responsibility except the case in the following paragraph.

B) At the delivery place of the customer or customer's designated place, if COMPANY receive a notice from the customer that there is a defect caused by poor production within three months from the date on which the product was received or delivered, and if COMPANY judges that the defect exists from the time of shipment, COMPANY is obliged to provide alternative products or compensate for damages within purchasing price after consultation with the customer.
9. Copyright A) For each image data or product information that is posted on MARKETS, copyright is occurred, and Customers cannot use it for any purpose other than private reproduction etc. prescribed by the copyright law.
10. Notifications A) Notifications, etc., regarding MARKETS to customers from COMPANY shalll be sent electronically to the email address entered under the latest registration information or entered by customers upon purchase; posted on websites pertaining to SERVICES; or provided via other methods deemed appropriate by COMPANY.

] B) When notifications are provided electronically by COMPANY and COMPANY sends an email to the email address specified in the preceding Section, the customer agrees in advance that the notification shall be considered as having been delivered either when the email became viewable by the customer, or 24 hours after the email was sent by COMPANY, whichever is the earlier of the two.
11. Correspondence and Advertising A) COMPANY may, in compliance with laws and regulations, contact customers via phone, email, post, or other methods for the purpose of notifying customers of campaigns regarding SERVICES, advertising and marketing, and other related tasks.

B) COMPANY may contact customers via phone, email, or other methods for the purpose of conducting feedback surveys regarding MARKETS; investigating the status, etc., of transactions; or interviewing the customer, etc.
12. Use of MARKETS by Minors and Juveniles A) Customers who have yet to attain to the age of majority shall use MARKETS only after receiving consent from a parent or guardian.

B) If a customer under the age of majority is discovered to be using MARKETS without the consent of a parent or guardian notwithstanding the preceding Clause, COMPANY will be entitled to take any of the responses set forth below, either in whole or in part, without notifying the customer in advance.

I. Suspend the use of MARKETS by the customer, or terminate the customer's account.
II. Suspend the transactions, supports such as shipping of products etc.

C) COMPANY may place age restrictions on the range of products available for purchase, available services, and Supplementary supports. If COMPANY discovers that a customer has purchased any product or used any MARKETS or Supplementary support accompanied by age restrictions despite not having attained to the age specified by COMPANY, COMPANY shall be entitled to take any of the responses set forth in the preceding Section, either in whole or in part.
13. Prohibitions A) Customers shall be prohibited from engaging in any behavior set forth below when using SERVICES:

I. Violating any laws or regulations; court rulings, decisions, or orders; or legally-binding motions by the government,
II. Damaging the public order or breaking standards of decency,
III. Transferring earnings made through criminal activities and aiding, abetting, or otherwise contributing thereto,
IV. Contributing to the benefit of any antisocial forces (gangs, etc.) or otherwise collaborating with such groups,
V. Posing as a third party or intentionally sending false information,
VI. Filing a request to purchase any product with the other intent of purchasing the product,
VII. Refusing to accept a product without justifiable grounds,
VIII. Returning, etc., products without justifiable grounds,
IX. Returning the products with any damages by the receiver,
X. Using the products for any other purposes or applications originally designed,
XI. Engaging in self-dealing, inside trading among interested parties, or fictitious transactions,
XII. Inconveniencing or infringing upon the rights of COMPANY, creators, other customers, or any third parties,
XIII. Engaging in unauthorized access or abetting such access,
XIV. Provoking any malfunction or disruption of MARKETS,
XV. Causing MARKETS to function in a way that uses generally unintended bugs, or using, creating, or distributing any external tool(s) that cause generally unintended effects,
XVI. Placing excess load on any servers, computers, etc., of COMPANY or other customers.
XVII. Sending or circulating any malicious program including computer viruses to COMPANY, other customers, or any third party,
XVIII. Interfering with the operation of MARKETS,
XIX. Using MARKETS with illicit intent,
XX. Violating these Terms of Use or engaging in behavior contrary to the intent and purpose of MARKETS or
XXI. Engaging in any activity otherwise deemed inappropriate by COMPANY

B) In the events that a customer violates any of the provisions set forth in the preceding Section or fails to service any debts or liabilities owed to COMPANY, COMPANY will be entitled to take any of the following actions, either in whole or in part, without providing prior notice to the customer:

I. Suspend the use of MARKETS by customers, or terminate the customer's account.
II. Suspend the servicing of transactions including the shipment, etc., of products,
III. Demand payment from the customer via a different payment method than the method selected by the customer at the time of order, or

C) COMPANY bears no responsibility for any damages incurred by the customer due to taking any action set forth in the preceding Section.

D) If COMPANY incurs any damages or loss as the result of a customer violating Section A), the customer shall return to COMPANY all benefits attained as the result of violating the provisions of Section 1 and must compensate immediately for any damages incurred.
14. Treatment of Personal Information COMPANY shall properly handle all personal information obtained through the use of MARKETS by customers pursuant to COMPANY’s Privacy Policy.
15. Non-Assignmen Customers shall not transfer or rent any rights or obligations pertaining to the use of MARKETS to any third party.
16. Indemnities A) COMPANY bears no responsibility for any damages incurred by customers if MARKETS are suspended, either in whole or in part, due to: natural disasters; war; terrorist attacks; riots; establishment, revision, or repeal of laws, regulations, or rules; interference or order(s) by a government agency; infectious disease epidemics; power outages; disruption, delay, termination, loss of data, or unauthorized access of data due to system maintenance, dysfunction, or otherwise, of communication lines, computers, etc.; accidents by transportation agencies or organizations; labor disputes; or force majeure events, etc., such as equipment accidents.

B) COMPANY’s responsibilities herein shall be limited to the operation of MARKETS with reasonable effort, and COMPANY shall bear no responsibility and makes no guarantees of the accuracy, recency, utility, reliability, legality, or conformity with particular purposes of MARKETS, nor does COMPANY bear any responsibility or make any guarantees that no third party rights have been infringed.

C) COMPANY makes no guarantees that emails and content sent from COMPANY’s web pages, servers, domains, etc., do not contain malicious content such as computer viruses.

D) COMPANY may provide information to customers; however, COMPANY shall bear no responsibility for actions that utilize such information.

E) COMPANY shall bear no responsibility for any damages incurred as the result of customers violating these Terms of Use, etc.

F) Upon using MARKETS, customers must prepare and maintain at their own expense a client-side operating environment including the network, computer, software, etc., used by the customer. COMPANY shall bear no responsibility for any damages, etc., incurred due to the customer’s operating environment, etc., or due to the maintenance, etc., thereof.

G) If COMPANY bears responsibility to a customer in association with the use of MARKETS by the customer, COMPANY shall compensate only normal and direct damages actually incurred by the customer, unless COMPANY caused such damages as the result of willful intent or gross negligence. With respect to damages incurred as the result of special circumstances (including situations in which damages were anticipated or could have been anticipated), COMPANY shall bear no responsibility.
17. Governing Law and Place of Jurisdictio These Terms of Use, etc., shall be interpreted pursuant to the laws of Japan and the Tokyo Summary Court or Tokyo District Court shall be the exclusive court of jurisdiction in the first case should the need for litigation arise regarding these Terms of Use.
18. Suspension/Termination COMPANY shall be entitled to suspend or terminate the provision of MARKETS or Supplementary Services thereto to any particular customer or all customers at any time without prior notice. COMPANY shall bear no responsibility for any damages or loss incurred by the customer as the result of the suspension or termination of MARKETS.
19. Revision of Terms of Service COMPANY shall be entitled to revise these Terms of Service, etc., at any time without prior notice to customers. After revision hereof, these Terms of Service shall become effective when COMPANY posts the Terms of Use to its designated website (or the date specified by COMPANY if a separate effective date for these Terms of Use is specified). Following revision hereof, use of MARKETS shall indicate customer consent to the Terms of Use after the revisions.