Terms of Service
netprice.com, Ltd. (hereinafter “the Company”) hereby sets out the following Terms of Service (hereinafter the “Terms”) in relation to the use of the FlutterScape marketplace website (hereinafter the “Site”) operated by the Company.
Article 1: Membership
- A “member” is any party who has agreed to the Terms, who has completed an online membership application to use the Site operated by the Company, who has had their membership approved by the Company and who has been issued with a member ID.
- Members may exhibit on the Site products and rights (hereinafter “Products and others”) pursuant to the Terms (only if residing in Japan), and purchase the Products and others exhibited. (Including conclusion of service agreement, etc.; hereinafter the same)
- Members may not allow a third party to use their membership, nor may they lend, transfer, sell or pledge their membership to a third party or engage in any form of equivalent conduct.
Article 2: Revision to the Terms
The Company may revise the Terms without notice. In the event of any such revision, all matters relating to the Site shall become subject to the revised terms.
Article 3: Membership Applications
1. Those wishing to become members (hereafter referred to as “prospective members”) shall personally complete the online membership application form. If an applicant is a minor, (s)he shall complete the application after obtaining consent of the person with parental authority.
2. Membership registration procedure shall only be completed once the Company has approved the application outlined in the preceding paragraph. Membership may be declined however if the Company deems that any of the following grounds are applicable to the prospective member. Membership may also be revoked after approval if any of the following grounds are deemed to be applicable.
- In the event that the prospective member is a minor and has not obtained consent of the person in parental authority
- In the event that the prospective member resides in a country other than that stipulated separately by the Company
- In the event that the prospective member is ineligible for membership due to a previous breach of the Terms or other such reason
- In the event that the details provided by the prospective member on their application are found to be untrue, incorrect or incomplete
- In the event that the prospective member has neglected to make payment of outstanding obligations to the Company
- In the event that the prospective member blocks the operations and service provision by the Company or use of the Site by other members, or engages in conduct that hinders these actions
- In the event that the prospective member is unable to comprehend English
- In the event of any other conduct deemed inappropriate by the Company
Article 4: Exhibiting Products and Others
- Members shall exhibit Products and others on the Site by the method prescribed by the Company.
- Members shall not exhibit any of the following Products and others on the Site. Products and others for which payment cannot be settled with the payment services offered by PayPal Products and others that violate laws and regulations (including laws and regulations of the place of residence of the purchaser; hereinafter the same) (including swords, firearms, etc.) Products and others that are offensive to the public order and morals (including child pornography and used underwear) Products and others that relate to gaming and gambling The human body, parts of the human body, pets or other living subjects Products and others that require license, registration, notification, etc. for selling (including medical and pharmaceutical products, medical treatment devices, swords and firearms, fire extinguishers) Lottery, tickets, cash vouchers, cash (including foreign cash) Donations, fundraising, religious offerings Products and others obtained by criminal means Products and others that violate patent rights, model utility rights, design rights, trademark rights, copyrights, portrait rights and other rights of other persons (including fake brand products and copy guard cancellers) Products and others that invade privacy, defame or otherwise cause noneconomic damage to other parties Products and others that can be used as weapons (including stun guns, ammunition) Products and others that connote racial discrimination Intangible services Leather products Stimulant drugs, narcotics, psychoactive drugs, cannabis, opium, poisonous substances, deleterious substances, legal drugs Other Products and others deemed inappropriate by the Company
- Exhibitors shall guarantee that explanations on the Products and others they have posted are correct.
- Exhibitors shall abide by the Act on Specified Commercial Transactions, Secondhand Articles Dealer Act and other laws and regulations when exhibiting.
- In the event that the exhibitor breaches the Terms or that the Company otherwise deems the situation to be inappropriate, the Company may cancel the exhibit.
- The Company may publicize the history of exhibits by the exhibitor on the Site.
- Members shall make an application for purchasing Products and others via the method prescribed by the Company.
- A sales contract (including service provision contract; hereinafter the same) shall be deemed to have been concluded between the member and exhibitor when the exhibitor approves the application by the member.
- In the event that a sales contract has been concluded, the Company shall notify the exhibitor and purchaser of the personal information and other matters specified by the Company of the other party.
- The Company may publicize the purchase history of the purchaser on the Site.
- Members shall not publicize the purchase history of the purchaser that Members obtain on the Site.
- The purchaser shall pay a commission of the amount prescribed by the Company, at the time and by the method prescribed by the Company.
- In the event that the purchaser fails to pay the commission at the time prescribed by the Company, the purchaser shall pay a delinquency charge to the Company, starting from the day following the payment date and at an annual rate of 14.6%.
- Exhibitors shall receive payment for prices from the purchaser via the payment services of PayPal designated by the Company.
- Purchasers shall pay the price to the exhibitor at the time designated by the exhibitor, via the payment services offered by PayPal designated by the Company.
- Exhibitors shall entrust receipt of payments from PayPal to the Company. Exhibitors shall not withdraw the consignment without obtaining approval of the Company.
- The obligation of the purchaser to make payment to the exhibitor shall be deemed as fulfilled at the time the Company receives the payment from PayPal. However, in the event that the Company returns to PayPal the payment received from PayPal, the obligation of the purchaser to make payment to the exhibitor shall be deemed as not having been fulfilled at all.
- Exhibitors shall notify the Company when they have shipped the Products and others to the purchaser, by the method prescribed by the Company (hereinafter “Shipment Notice”). The Company shall reserve receipt of the payment from PayPal, until it receives the Shipment Notice from the exhibitor.
- When the Company has received payment from PayPal, the Company shall transfer the payment (from which commissions prescribed by the Company may be deducted) to the exhibitor by the time prescribed by the Company.
- Notwithstanding the provision of the preceding paragraph, the Company may reserve transfer of payment to the exhibitor or demand the exhibitor to return the payment that has been made, in any of the following cases.
(1) PayPal requests the payment to be returned
(2) The exhibitor or the purchaser breaches the Terms or laws and regulations
(3) Any other circumstance deemed inappropriate by the Company
- The Company shall not be held responsible for collecting payment from the purchaser, and may at any time withdraw acceptance of consignment by the exhibitor about receiving payment from PayPal. In the event that the Company has withdrawn acceptance of consignment by the exhibitor for receiving a payment from PayPal, the exhibitor shall collect the payment from the purchaser at its responsibility and expense.
- Members shall be responsible for managing the member ID and password issued to them by the Company after membership registration.
- Members may not allow any third party to use their member ID or password, lend, transfer, sell or pledge their member ID or password to a third party or engage in any form of equivalent conduct.
- Members shall bear responsibility for damage caused by inappropriate management of a member ID or password, error in usage, usage by a third party and other circumstances, and the Company shall be held entirely harmless. In the event that the Company incurs damage due to inappropriate usage of a member ID or password, the member shall compensate the Company for the damage.
- In the event that a member ID or password is divulged to a third party or that there is the risk of a member ID or password being used by a third party, the member concerned shall inform the Company immediately and proceed as instructed.
- Members shall be obligated to change the password regularly, and the Company shall not be held liable in any way for damage resulting from omission of fulfillment of the obligation.
- Unless expressly approved by the Company, replacement member IDs and passwords shall not be issued.
- In the event of any changes to the details provided to the Company on their membership application, members shall notify the Company immediately using the specified form.
- All correspondence sent out by the Company to the contact address indicated in the details provided upon registration shall be regarded as having reached the relevant member on schedule.
- Membership administration
- The sale of products and other services (including financial products and equivalents; hereinafter the same shall apply) by the Company or a third party
- Conducting promotions, giveaways or questionnaires
- Simplifying membership registration tasks when services of the Company and its subsidiaries that require membership registration are used
- Notifying members of important matters in relation to the running of the Site (including via email)
- Advertising, promoting or soliciting sales of products and other services offered by the Company or a third party (including via email)
- Sending out email newsletters
- Packaging and shipping products
- Billing and invoicing
- Providing services as part of point, coupon, mileage or other incentive schemes (hereafter referred to as “incentive scheme(s)”)
- Publishing information posted by members
- Dealing with inquiries and providing after-sales services
- Conducting research and analysis on marketing data and developing new services
- Preparing statistical materials provided to subsidiaries and business partners
- If the member has given their consent
- If the disclosure of data is required by law or as part of a criminal investigation or other legal proceedings or if a legitimate information request is received from a consumer center, bar association or other public institution
- If forwarding a member’s order details to a partner company
- If disclosing data to a partner company in the event that a member has purchased or is attempting to purchase a product or other service from the relevant partner company
- If necessary in order to ship products or provide services
- If disclosing data to a financial or billing service provider
- If disclosing data to a partner company for the purpose of providing services as part of an incentive scheme run by the Company or the relevant partner company
- If outsourcing all or part of the Company’s operations to a third party
- If disclosing data to a party assuming control of business operations due to a merger, business transfer or other such arrangement
- If required in accordance with the Personal Information Protection Law or other applicable legislation
- Members are entitled to cancel their membership by following the procedure specified by the Company.
- If any member is confirmed deceased, the Company may deem his/her membership to have been cancelled at the time of the confirmation and disable his/her member ID and password.
- In the event of unauthorized usage of the member’s ID or password to access the Site or in the event that the member allows such actions to take place
- In the event that the member fails to make payment of charges by the specified date
- In the event of that the member has proceedings filed against them, including seizure, provisional seizure, provisional injunction, compulsory execution, bankruptcy or civil rehabilitation, or files for such proceedings themselves
- In the event that the member has incorrectly entered their password on more occasions than permitted by the Company
- In the event that the member has not used the Site for a period of time specified by the Company
- In the event that the member breaches the Terms in any other way
- In the event that the Company deems the relevant party to be ineligible for membership for any other reason
- If equipment or systems used for the provision of the Site are undergoing maintenance checks or being replaced
- If it is unfeasible to provide the Site due to a fire, power failure, natural disaster, system failure or other such factor
- If telecommunications carriers are failing to provide essential services
- If the Company deems it necessary to interrupt or suspend the Site for any other reason
- Using the Site for unauthorized purposes
- Infringing upon intellectual property rights (trademark rights, copyrights, design rights, patent rights, etc.), portrait rights, publicity rights or any other rights belonging to the Company or any other third party
- Any conduct that is detrimental to the reputation or credibility of the Company or any third party or that infringes privacy
- Engaging in conduct linked to fraud or other criminal activities
- Impersonating a third party in order to use the Site
- Any conduct involving transmitting, offering or recommending a computer virus, malicious program or equivalent data
- Any conduct involving falsifying or deleting information of the Company, any partner company or any third party
- Using facilities belonging to the Company, any partner company or any third party without authorization or otherwise impeding the running of the Company or a third party
- Engaging in conduct that provides false information
- Engaging in conduct of posting personal information (including that of the member himself/herself)
- Engaging in conduct of establishing links to websites other than those administered by the Company, or posting a URL
- Breaking the law, violating the Terms or separate terms or causing offense to public order and morals
- Interfering with the running of the Site
- Engaging in any other form of conduct deemed inappropriate by the Company
- The Company shall not be a party to any sales contract. Therefore, the Company shall be held harmless in relation to any of the Products and others purchased by members.
- The Company shall not bear responsibility in any way concerning the existence, payment capability or any other matters of exhibitors or purchasers.
- The Company shall not guarantee that members are protected from losses incurred due to a computer virus or other malicious program or data when they use the Site.
- The Company shall offer no guarantee relating to the proper operation of any hardware or software used when members use the Site.
- The Company shall bear no communication expenses incurred by members in using the Site.
- This article stipulates all the responsibilities assumed by the Company for members, and under no circumstance shall the Company compensate for passive damage, indirect damage, special damage, attorney’s fees or any other damage not stipulated in the article.
- The Terms shall be subject to Japanese law.
- In the event any dispute arising with respect to these Terms, exclusive and primary jurisdiction shall rest with Tokyo District Court.
Article 5: Purchasing Products and Others, and Commissions
Article 6: Payment Method of Prices
Article 7: Member ID and password management
Article 8: Changes to details provided, etc.
Article 9: Handling of personal data
1. The Company shall only use members’ personal data for the following purposes.
2. The Company and its subsidiaries may jointly use the data on member ID, name, gender, e-mail address, telephone number, zip code, address, company name and division, nickname, penname, date of birth, credit card information, purchase history, information on points in possession and history of point usage, for the purposes of usage of the preceding paragraph.
3 In accordance with its privacy policy, the Company shall adequately protect personal data and shall ensure that no personal data is provided to a third party in such a format that could enable the identification of individuals. The Company shall nonetheless be entitled to provide personal data in any of the following circumstances
4. The Company may use cookies when members use the Site in some cases.
Article 10: Cancellation of membership
Article 11: Suspension or termination of membership
The Company may temporarily suspend or terminate any member’s membership with no prior notice or warning if any of the following grounds are applicable.
Article 12: Changes to or the suspension of the Site
The Company may make changes to the contents of or suspend the Site with no prior notice. The Company shall accept no liability for any disadvantages experienced or losses or damage sustained by the member as a result of such changes or suspension.
Article 13: Interruptions to or the suspension of the Site
1. If any of the following grounds are applicable, the Company may interrupt or suspend all or part of the Site with no prior notice to members.
2. The Company shall accept no liability whatsoever for any losses or damage sustained by members as a result of interruptions to or the suspension of the provision of the Site.
Article 14: Prohibited conduct
1. Members shall not engage in any of the following forms of conduct or any form of conduct that could potentially be regarded as such in relation to their usage of the Site.
2. In the event that the Company sustains any losses or damage as a result of a member violating the Terms, the Company may claim compensation against the relevant member accordingly.
3. In the event that a member posts any information that breaches the Terms, the Company may delete the said information.
