NEKOMADO Online SHOGI Shop/Terms and Conditions

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Terms and Conditions

Before making the registration, please read and understand the following Terms and Conditions.
Terms and Conditions stipulates your rights and obligations when using our service.
By pressing "I Agree" button to proceed with the registration, you agree to all conditions stipulated in this Terms and Conditions.
Article 1.  Membership

1.  The Member is a person who accepts the following terms and conditions (hereinafter referred to as the "Terms and Conditions") stipulated by Nekomado Co., Ltd. (hereinafter referred to as the "Company"), and who applies for a membership.
2.  The Membership Information is the information which the Member provides to the Company and the information of the Member's transaction records.
3.  The Terms and Conditions are applied to all the Members and should be followed by the Member on or after the application process.

Article 2. Registration

1.  Requirements for the membership
The Member, who applies for a membership, will acquire the membership after completing the registration process.  The registration process needs to be conducted by the Member.  The registration by an agent is not permitted.  The Company may decline the application from the person whose membership is canceled before or the person whom the Company regards as inappropriate to acquire the membership.
2.  Input of the Membership Information
On the registration process, please read the notice as to the input of the information and input the required information to the input form correctly.
3.  Management of password
(1) The password can be used only by the Member and cannot be transferred or leased to a third party.
(2) The password needs to be controlled by the Member.
(3) Any expression of the will to the Company using the password is regarded as the Member's expression of the will, and any payments caused by the expression should be paid by the Member.

Article 3. Alteration

1.  The Member needs to promptly report to the Company the change in the registered information such as the name or address of the Member.
2.  The Company will not be liable for any loss or damages caused by an incompletion of the change in registered information. Even when the change in registered information is submitted, the transaction before the change in registered information will be processed in accordance with the information before the change.

Article 4.  Forfeiture of membership and Member's Liability

1. The Company can dismiss the membership, when (i) the Member submits false application in the registration process, (ii) the Member fails to pay the purchase price, or (iii) the Company finds any other inappropriate fact of the Member.
2.  The Member will be liable for the damages to the Company when the Member conducts the following acts.
(1) Illegal use of the membership number or password
(2) Disruption of the Company's operation by falsification of the Company's information or by the transmittance of harmful computer program to the Company's website.
(3) Violation of the Company's intellectual property rights.
(4) Breach of the Terms and Conditions.

Article 5.  The Membership Information

1.  The Company will not disclose any Membership Information without prior consent by the Member except the following cases.
(1) Required by the law
(2) When the Company decides it is necessary to disclose so as to protect the rights, interests or reputation of the Company
2.  The Company will manage the Membership Information in accordance with the Company's "policy to protect the individual information".  The Company can use the Membership Information to provide services to the Member, to improve the quality of the service, to foster the utilization of the service, or to maintain the appropriate control of the Membership Information.
3.  The Company can provide information including email-magazines (including advertisement).  If the Member (i) does not like to be provided with such information and (ii) sends the notice to the Company, the Company will stop providing with the information in accordance with the procedure stipulated by the Company, except such information as is necessary to operate the service.

Article 6.  Prohibitions

To utilize this service, the Members are prohibited to conduct the following acts.

1.  Breach of the law or the Terms and Conditions (including, but not limited to the terms and conditions to use the service and to make purchase).
2.  Infringement of the Company's or third party's rights, interests, and reputations.
3.  Harmful acts to the mental or physical health of the youth or acts against public morals.
4.  Acts disrupting the other Member or third party.
5.  Submission of false information.
6.  Transmittance of harmful computer program or email to the Company's website.
7.  Illegal access to the Company's server or other computers.
8.  Transfer, lease or co-use of password to/with a third party,
9.  Acts which the Company regards inappropriate.

Article 7.  The suspension of the service

The Company may suspend all or a part of the service to maintain the sufficient condition of the service in the following cases.
(1)  When the periodical or urgent maintenance of the system is required
(2)  When the system bears heavy load
(3)  When the system cannot be operated due to fire, power failure, or third party's disturbance
(4)  When the Company determines to suspend the system

Article 8.  Change or Discontinuance of the service

The Company can change or discontinue all or a part of the service at its discretion without prior notice.

Article 9. Sales and Purchase

1.  When the Member orders goods at this site, a "confirmation of purchase order" e-mail will be sent to the Member.  The Member's purchase order is regarded as an offer to form a sales and purchase contract with the Company. Regardless of the payment method which the Member selects, the Member's offer will be accepted and the sales and purchase contract with the Company will be formed when the Member offers to purchase the goods provided by the Company and the "confirmation of payment and notice of the shipment" e-mail is sent to the Member. 
2.  When the Member offers to purchase the goods at this site, the Member is regarded to understand this "Terms and Conditions" to offer to purchase goods in accordance with this "Terms and Conditions". The Member is also regarded to understand other notes on the Company's website that stipulate the Company's system regarding the price, fee, and shipping procedure.
3.  When the Member conducts the prohibitions stipulated in the article 7 or other acts which the Company regards as improper acts, the Company can cancel or terminate the purchase and sales contract with the Member immediately without notice to the Member.

Article 10. Transfer of title and risk of loss

The title and risk of loss of all the goods, which the Member purchases at this site, is transferred to the Member when the Company delivered the goods to the delivery agent, regardless of the payment method which the Member selects.

Article 11.  Disclaimer of Warranties and Limitation of Liability

1.  The Company will not be liable for any damages to the Member caused by the interruption, delay or suspension of the system, which arise from the disruption of telecommunications or computers, illegal access to the data, any actions relating to the Company's service.
2.  The Company does not warrant that an email or data sent from the Company's web page, server, or domain, does not include computer virus or any other harmful material.
3.  The Company will not be liable for any damages caused by the Member's breach of this Terms and Conditions.
4.  The Company is liable to the Member only when (i) the goods sold by the Company to the Member causes any damages or loss, and at the same time (ii) the Company has gross negligence to cause the damages. The damage is confined to the purchase price of the goods purchased by the Member.

Article 12.  Amendment

The Company can amend the Terms and Conditions at its discretion and set the supplementary terms and conditions (hereinafter referred to as the "Supplementary Terms and Conditions").  The amendment to the Terms and Conditions or Supplementary Terms and Conditions will have effect with the altered Terms and Conditions or Supplementary Terms and Conditions is released on the Company's website.  The Member is regarded to accept the altered Terms and Conditions and Supplementary Terms and Conditions, thereafter.

Article 13.  Governing Law and Jurisdiction

1.  All the legal matters in regard to this Terms and Conditions are governed by and construed in accordance with the Japanese Law.
2.  In case of disputes in regard to the Terms and Conditions, the Tokyo District Court is the only unique first district court to solve the disputes.